It’s Against the Law
It is a violation of federal law to air obscene programming at any time. It is also a violation of federal law to air indecent programming or profane language during certain hours. Congress has given the Federal Communications Commission (FCC) the responsibility for administratively enforcing these laws. The FCC may revoke a station license, impose a monetary forfeiture or issue a warning if a station airs obscene, indecent or profane material.
Obscene Broadcasts Are Prohibited at All Times
Obscene material is not protected by the First Amendment to the Constitution and cannot be broadcast at any time. The Supreme Court has established that, to be obscene, material must meet a three-pronged test:
•An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest; •The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and •The material, taken as a whole, must lack serious literary, artistic, political or scientific value.
Indecent Broadcast Restrictions
The FCC has defined broadcast indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” Indecent programming contains patently offensive sexual or excretory material that does not rise to the level of obscenity.
The courts have held that indecent material is protected by the First Amendment and cannot be banned entirely. It may, however, be restricted in order to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience.
Consistent with a federal indecency statute and federal court decisions interpreting the statute, the Commission adopted a rule that broadcasts -- both on television and radio -- that fit within the indecency definition and that are aired between 6:00 a.m. and 10:00 p.m. are prohibited and subject to indecency enforcement action.
Profane Broadcast Restrictions
The FCC has defined profanity as “including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.”
Like indecency, profane speech is prohibited on broadcast radio and television between the hours of 6 a.m. and 10 p.m.
How to File a Complaint
There is no charge for filing a complaint with the FCC. You can file your complaint using an online complaint form. You can also file a complaint by calling 1-888-CALL-FCC (1-888-225-5322) voice, 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Inquiries and Complaints Division 445 12th St., SW Washington, DC 20554.
If you are submitting a video tape, DVD, CD or other type of media with your complaint, please send it to the following address to avoid mail processing damage.
Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Inquiries and Complaints Division 9300 East Hampton Drive Capitol Heights, MD 20743
Are there certain words that are always unlawful? No. Offensive words may be profane and/or indecent depending on the context. In the Golden Globe Awards Order, the FCC stated that it would address the legality of broadcast language on a case-by-case basis. Depending on the context presented, use of the F-Word or other words as highly offensive as the F-Word may be both indecent and profane, if aired between 6 a.m. and 10 p.m.
Do the FCC's rules apply to cable and satellite programming? In the past, the FCC has enforced the indecency and profanity prohibitions only against conventional broadcast services, not against subscription programming services such as cable and satellite. However, the prohibition against obscene programming applies to subscription programming services at all times.