Indecent FCC Watch: Private Ryan, Angel, Arrested Development OK'd [fs]

[Declan McCullagh <declan () well com>]

The FCC dismissed a complaint against "Angel" last week that was lodged 
by the Parents Television Council:
http://www.cnn.com/2005/SHOWBIZ/TV/02/25/fcc.indecency.ap/index.html

Angel is, of course, the "Buffy the Vampire Slayer" spinoff created by 
the estimable Joss Whedon. I never was a huge fan of the Angel spinoff 
(Buffy was clearly superior) but I think I saw that episode that irked 
the PTC bluenoses so much. It featured no nudity or sexual language and 
instead some -- gasp! -- fully clothed bodies with some suggestive hip 
movements. Clearly unfit for adults, let alone children!

-Declan

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FOR IMMEDIATE RELEASE                                   NEWS MEDIA CONTACT:
February 28, 2005 
       Janice Wise:  (202) 418-8165



COMMISSION DENIES INDECENCY COMPLAINTS AGAINST
VETERANS DAY BROADCAST OF “SAVING PRIVATE RYAN”

Washington, D.C.:  The Federal Communications Commission today issued a 
Memorandum Opinion and Order denying complaints alleging that various 
television station licensees affiliated with the ABC Television Network 
aired indecent and profane material during the November 11, 2004 
presentation of the film “Saving Private Ryan.”

The Commission noted that the film contains numerous expletives and 
other potentially offensive language generally as part of the soldiers’ 
dialogue.  In light of the overall context in which this material is 
presented, the Commission determined that it was not indecent or 
profane.  The Commission also said that while some complaints referenced 
the violence depicted in the film, the FCC’s indecency and profanity 
prohibitions are not applicable to violent programming.

By the Commission:  Chairman Powell and Commissioners Abernathy, Copps, 
Martin and Adelstein.  Chairman Powell issuing a separate statement; 
Commissioner Martin issuing a separate statement at a later date.  FCC 
05-23, February 3, 2005.

Enforcement Bureau Contacts:  Janice Wise or Lisa Fowlkes (202) 418-7450

STATEMENT OF

CHAIRMAN MICHAEL K. POWELL

Re:     Complaints Against Various Licensees Regarding Their Broadcast 
on November 11, 2004, of ABC Television Network’s Presentation of the 
Film “Saving Private Ryan,”

        Today, we reaffirm that content cannot be evaluated without 
careful consideration of context.  Saving Private Ryan is filled with 
expletives and material arguably unsuitable for some audiences, but it 
is not indecent in the unanimous view of the Commission.

This film is a critically acclaimed artwork that tells a gritty 
story—one of bloody battles and supreme heroism.  The horror of war and 
the enormous personal sacrifice it draws on cannot be painted in airy 
pastels.  The true colors are muddy brown and fire red and any accurate 
depiction of this significant historical tale could not be told properly 
without bringing that sense to the screen.  It is for these reasons that 
the FCC has previously declined to rule this film indecent.

This, of course, is not to suggest that legal content is not otherwise 
objectionable to many Americans.  Recognizing that fact, it is the 
responsible broadcaster that will provide full and wide disclosure of 
what viewers are likely to see and hear, to allow individuals and 
families to make their own well-informed decisions whether to watch or 
not.  I believe ABC and its affiliated stations made a responsible 
effort to do just that in this case.

Fair warning is appropriately an important consideration in indecency 
cases.  In complaints you often find that Americans are not excessively 
prudish, only that they are fed up with being ambushed with content at 
times and places they least expect it.   It is insufficient to tell 
consumers not to watch objectionable content, if the “shock” value is 
dependent on the element of surprise.  This is particularly true in 
broadcast television, where viewers are accustomed and encouraged to 
order their viewing by parts of the day—morning shows, daytime TV and 
late night have long been the zones in which expectations are set.  When 
those lines are blurred, the consumer loses a degree of control, a 
degree of choice.

Context remains vital to any consideration of whether profanity or 
sexual content constitutes legally actionable indecency.  The Commission 
must stay faithful to considering complaints within their setting and 
temper any movement toward stricter liability if it hopes to give full 
effect to the confines of the First Amendment.

***********************************************************

FOR IMMEDIATE RELEASE   NEWS MEDIA CONTACT:
February 28, 2005       Janice Wise:  (202) 418-8165

FCC DENIES INDECENCY COMPLAINT FILED AGAINST

“ARRESTED DEVELOPMENT” EPISODE

Washington, D.C.:  The Federal Communications Commission today issued a 
Memorandum Opinion and Order denying a complaint by the Parents 
Television Council alleging that Fox Television Stations, Inc., the 
licensee of Station WTTG(TV), Washington, D.C., and other television 
stations affiliated with the Fox Television Network, aired indecent 
material contained in an episode of the “Arrested Development” program.

The Commission concluded that the episode of the “Arrested Development” 
program was not sufficiently explicit or graphic to be indecent.

By the Commission:  Chairman Powell, Commissioners Abernathy, Copps, 
Martin and Adelstein, FCC 05-36, February 28, 2005.

Enforcement Bureau Contacts:  Janice Wise or Lisa Fowlkes (202) 418-7450

***********************************************************
(2)

FOR IMMEDIATE RELEASE   NEWS MEDIA CONTACT:
February 28, 2005       Janice Wise:  (202) 418-8165

FCC DENIES INDECENCY COMPLAINTS

AGAINST “WILL AND GRACE” EPISODE

Washington, D.C.:  The Federal Communications Commission today issued a 
Memorandum Opinion and Order denying a complaint by the Parents 
Television Council alleging that WRC-TV and other television licensees 
affiliated with the NBC Television Network aired indecent material 
during an episode of the “Will and Grace” program.

The Commission noted that the episode did not depict nudity or sexual or 
excretory activities and that the dialogue was not sufficiently explicit 
or graphic to be indecent.

By the Commission:  Chairman Powell, Commissioners Abernathy, Copps, 
Martin and Adelstein, FCC 05-38, February 28, 2005.

Enforcement Bureau Contacts:  Janice Wise or Lisa M. Fowlkes (202) 418-7450

-FCC-
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