Bush Signs Indecency Bill, Fines for Broadcasters Increase Tenfold

WASHINGTON — The firestorm that began with Janet Jackson’s infamous 2004 Super Bowl “wardrobe malfunction,” has resulted in a new law signed by President Bush Thursday that subjects broadcasters to increased FCC fines for indecent material.

Under the new law, the FCC will be able to fine broadcasters $325,000 for each indecent broadcast via TV or radio. The old fine — $32,500 — amounted to what many in Congress called a slap on the wrist for wealthy broadcasters.

"The problem we have is that the maximum penalty that the FCC can impose under current law is just $32,500 per violation," Bush said. "And for some broadcasters, this amount is meaningless. It's relatively painless for them when they violate decency standards."

Bush went on to say that the fine hike would force the broadcast industry to take its duty seriously to keep the airwaves free of obscene, profane and indecent material.

The new law does not define what qualifies as indecent material, something that has adult entertainment attorney Lawrence G. Walters worried.

“For all intents and purposes, the definition of indecency does not exist,” Walters told XBIZ. “The increased fines will create a chilling effect on otherwise protected speech. The censorship will be real, but it will be inconsistent, leaving broadcasters in the dark.”

The network at the epicenter of the controversy, CBS, recently saw more than 100 of its affiliates get hit with $3.3 million in fines for airing an episode of “Without a Trace” that depicted an orgy.

Since 2003, the FCC has ratcheted up the frequency of its fines, prompting many broadcasters to cry foul. The agency dolled out almost $8 million in fines in 2004 — up from $440,000 the previous year.

According to Walters, the jump in fines could make indecency an issue broadcasters will eventually have to challenge in court.

“This is not good for the 1st Amendment,” Walters said. “Broadcasters may want to challenge the size of the fines or even the issue of indecency.”

Praising the new law, officials at the Parents Television Council — a group that has organized letter-writing campaigns to express concern over indecency to the FCC —called the increased fines “great news for families.”

Walters sees it differently.

“It’s simply a knee-jerk reaction by politicians who feel that they must appeal to a conservative base,” Walters said. “It does nothing for the quality of content in this country.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Penny Barber Stars in Elegant Angel/Adam & Eve Collab 'MILF Dreams Vol 1'

Penny Barber stars in the latest Elegant Angel and Adam & Eve collaborative VOD release, titled “MILF Dreams Vol. 1.”

Blush Erotica Launches 'BlushTV'

Blush Erotica has launched the new BlushTV VR channel on its flagship site.

Rachael Cavalli Stars in Latest From MILFY

Rachael Cavalli stars in the latest scene from the Vixen Media Group (VMG) studio imprint MILFY.

Angie Faith Makes Her Deeper Debut

Angie Faith has made her debut for Vixen Media Group (VMG) studio imprint Deeper alongside Milan, in “Conjugal.”

Signature Partners With BunnyCMS for Secure Payment Processing

Signature Payments has partnered with adult content management platform BunnyCMS to offer creators secure payment processing.

Sexologist Dr. Susan Block Files Motion in Meta Lawsuit

Sexologist Dr. Susan Block has reported she has filed a Motion to Vacate with a California court after an arbitrator threw out her case against Meta in June.

TeamSkeet Launches New Travel-Themed Series 'Passport Bros'

Italian star Silvia Soprano and Don Mulatito star in the first episode of the new travel-themed TeamSkeet series, "Passport Bros."

Jasmine Sherni Makes Her Jules Jordan Debut

Jasmine Sherni has made her Jules Jordan debut alongside Lexington Steele in the studio's latest release.

Richard Mann Drops New Evil Angel Scene With Simone Steele

Simone Steele makes her Evil Angel debut in a new gangbang scene, alongside director/performer Richard Mann.

GenderX Drops 'Trans Orgy'

GenderX has released its latest scene, “Trans Orgy,” directed by Jim Powers.

Show More