Originally posted by Geoff_M
At first the FCC said that it wasn't indecent because it wasn't a scripted use of the word. The problem is that the FCC then realized that they had created a large loophole.... being that, as long as it wasn't scripted, profanity could be aired with apparent impunity from sanctions.
Which was the prior precedent.
The FCC then closed the loophole by saying that Bono's slip was indeed indecent, but they refused to fine or sanction the broadcaster due to the context (there's that word again!) of the utterance. [/B]
They didn't fine because of "context" they didn't fined because of prior precedent. Copps and Martin also both dissent reguarding fines but were overturned by the majority, who all acknogledge that there ruling causes a policy shift. Read the opinions.
Kathleen Abernathy says "I do recognize, however, that today's decision is a departure from prior Commission's precedent and policy. That is why I could not support a fine in this case."
So according to FCC comissioner Kathleen Abernathy a fine wasn't levied because they were changing precedent. Michael Powell echos this sentiment.
She goes on to state "I emphasize, however, that the law has
now changed and all licensees are on notice that even
isolated and fleeting broadcasts of the f-word may violate
our restrictions on indecency and profanity."
Which is where last nights broadcast begins to get fuzzy.
In the "Bono" incedent Michael Copps pushed for fines and stated that " The f-word clearly meets the definition of indecency whether used as an adjective, expletive, ``intensifier'' (as NBC
curiously argues here), or any other part of speech. "
Comissioner Kevin Martin states " I am pleased that the Commission finally is making clear that the use of the ``F-word'' during this prime-time broadcast was both indecent and profane, regardless of whether used as an adjective, adverb, or gerund. I am particularly pleased that, at long last, the Commission is
enforcing the statutory prohibition against the broadcast of
profanity. Better late than never."
If it were my station I would have seriously considered pulling the program. It isn't just fines. Michael Copps has been campaigning heavily that stations start loosing licenses. He proposed hearing to determine license seizure in the Bono case, and in several radio cases.
The climate has changed since the Superbowl. And because of that shift, stations have to be more and more careful with anything that could be called into question.
