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Radio chain sets new rules on indecency
http://www.mlive.com/newsflash/lateststories/index.ssf?/base/politics-0/1077752344136080.xml By JONATHAN D. SALANT
The Associated Press
2/25/2004, 6:33 p.m. ET
WASHINGTON (AP) — The nation's largest radio station chain announced new rules to limit indecency Wednesday in the latest example of the broadcast industry's efforts to address criticism of what airs on TV and radio.
Under pressure from regulators and lawmakers, some TV networks are delaying live broadcasts to delete offensive material and doing more to let parents know how they can block specific programs. The National Association of Broadcasters says it will hold a conference on indecency next month.
The rules issued by Clear Channel Communications came on the eve of the second congresssional hearing this month on broadcast indecency. John Hogan, president of Clear Channel Radio, is scheduled to testify along with top officials from TV networks.
Congress is considering increasing the maximum fine for indecency from $27,500 to $275,000, a move that the Federal Communications Commission endorsed even before the tumult over singer Janet Jackson's exposed right breast during the nationally televised Super Bowl halftime show.
"In the history of broadcast indecency, there have been these moments where it makes headlines," said Jeremy Lipschultz, a professor of communication at the University of Nebraska at Omaha. "In the short term, broadcasters become much more careful. You're going to see people playing it safe. The long-term problem is the same one we've had, which is it's very difficult in the end to precisely define what is indecent or not. "
Under FCC rules and federal law, radio stations and over-the-air television channels cannot air material containing references to sexual and excretory functions between 6 a.m. and 10 p.m., when children may be tuning in. The rules do not apply to cable and satellite channels and satellite radio.
Chris Murray, legislative counsel for Consumers Union, the publisher of Consumer Reports magazine, said broadcasters worry that Congress, angered over indecency, might also move to overturn FCC rules relaxing media ownership rules, including one that makes it easier for companies to own newspapers and broadcast stations in the same community.
"The broadcasters are quickly and visibly cleaning up their act on indecency because they know if Congress gets real game on smut, they won't stop there," Murray said.
Paul Levinson, chairman of the department of communications and media studies at Fordham University, said the government's efforts smack of censorship.
"Media is supposed to be independent of the government," Levinson said. "For the government to step in and threaten media, and then for the media to go and do what the government wants, completely distorts our democratic process and our freedoms."
Clear Channel's new policy includes companywide training about indecency, possible fines against DJs, and automatic suspensions for anyone accused by the FCC of violating indecency rules on the air, company officials said.
The initiative came one day after the company fired the DJ known as "Bubba the Love Sponge," whose show drew an FCC-record fine of $755,000. The program aired in four Florida cities and included graphic discussions about sex and drugs "designed to pander to, titillate and shock listeners," the FCC said.
"Clear Channel is serious about helping address the rising tide of indecency on the airwaves," said Mark Mays, president and chief operating officer. "As broadcast licensees, we are fully responsible for what our stations air, and we intend to make sure all our DJs and programmers understand what is and what is not appropriate."
Mel Karmazin, president of Viacom Inc., discussed indecency issues during a conference call last week with officials and station managers of the company's Infinity Broadcasting radio subsidiary. Infinity, which owns 120 stations, asked them to increase efforts to avoid indecent programming, such as using a seven-second delay on shows with live talk, spokesman Dana McClintock said.
Infinity in 1995 paid the largest cumulative fine to date, $1.7 million, for various violations by radio host Howard Stern.
Responding to a query from the FCC, CBS and Fox TV have said they would run advertisements touting the V-chip, technology built into a TV set to prevent children from watching certain shows. Both networks also said they were airing live programs on time delays, displaying ratings for their programs on their Web sites, reviewing their standards and practices, and reminding affiliate stations that they can reject network programs unsuitable for their communities.
The FCC still is waiting to hear from ABC and NBC.