Regulation, Television

Regulation of Sexually Explicit Material

Federal law prohibits the broadcast of obscene, indecent, or profane material. Although the transmission of obscene material (commonly thought of as hardcore pornography) has not occurred on television, the broadcast of indecent and profane material has been a cause of concern for decades. The FCC defines indecency as “language or material that depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs.” Profanity is defined as “certain of those personally reviling epithets naturally tending to provoke violent resentment or denoting language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.”

Because indecent and profane materials are protected speech under the First Amendment, at least for adult consumption, the FCC has limited its enforcement of the indecency and profanity provisions to times of day when children are not likely to be in the broadcast audience, that is, between the hours of 6 a.m. and 10 p.m. Broadcasters who air prohibited material during those hours are subject to administrative sanctions including fines in the amount of $32,500 per utterance. In mid-2006, Congress was considering proposals that would raise the maximum fines for such violations to as much as $500,000 per utterance. It is important to note that as of 2005, these rules apply only to broadcast television. Subscription television services such as those carried on cable systems or direct broadcast satellite systems may transmit indecent or profane programming at any time.

Regulation of Violent Programming

As of 2005, there are no laws or regulations against the broadcast of violent programming on television. However, in 1996, Congress required the television industry to develop a program ratings code that would enable parents to determine the content of programs. These program ratings are listed in television program guides and appear in the corner of viewers' television screens at the beginning of each program. Also in 1996, Congress required that all new television sets be equipped with a device that would allow parents to exclude programs with certain ratings from being seen in the home. This V-chip reads the television program codes as they are being transmitted to the television receiver. Parents can then set the V-chip to exclude any program with a particular rating code—one indicating violent content, for example. The ratings code and V-chip can also be used to help parents censor programs with sexual material.

Regulation of Advertising Directed toward Children

Recognizing that children's cognitive development might make it difficult for them to fully understand the purpose and intent of advertising, the FCC in 1974 issued a policy statement exhorting broadcasters to limit the number of commercials aimed at children. The statement also encouraged programmers to place bumpers—announcements helping children to understand a program change was coming—between program material and commercials. The commission also warned against using children's television show hosts to sell or promote products during a television program.

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