How to Meet the FCC Regulations for Broadcast Decency
The Federal Communications Commission (FCC) is the governmental body that imposes regulations on the commercial use of public airwaves for television and radio broadcasts. While the FCC handles many different responsibilities, they're probably best known for restricting profanity and indecency in television and radio programs. After evaluating complaints received from viewers, the FCC has the power to enforce fines or other penalties against broadcasters who air offensive material. To make sure broadcasts meet FCC guidelines for decency, it's important to know how the agency evaluates and classifies objectionable content.
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Instructions
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Understand the Three Classifications Used in Broadcast Decency Regulations
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Never broadcast material that can legally defined as "obscene." That specific classification of objectionable programming is the only one that's never allowed on public airwaves. The definition of obscenity is ambiguous at best, but the guidelines set forth in Miller vs. California have defined the court's understanding of obscenity since the 1970s.
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Restrict "profane" language in radio and television programs to the hours between 10:00 p.m. and 6:00 a.m. The FCC defines profanity as "language so grossly offensive to members of the public who actually hear it as to amount to a nuisance."
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Air "indecent" programming during specially designated times. "Indecent" programming includes excretory or sexual content that's not explicit enough to be qualify as "obscene," but would still be considered inappropriate for younger viewers. For that reason, indecent programming is restricted to the hours between 10:00 p.m. and 6:00 a.m.
Understand the Legal Definition of Obscenity from Miller vs. California
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Study the opinions expressed by the Supreme Court in the case of Miller vs. California (see Resources below). The Justice developed a three-pronged test to determine whether material rises to the level of "obscenity." For something to be classified as obscene, it must meet all three of these criteria.
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Determine whether the content of your program, "when taken as a whole, appeals to the prurient interest." The material should be evaluated by "contemporary community standards." The term "community" can change drastically from city to city, so this point can be difficult to apply.
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Decide whether the programming in question features "sexual activity specifically defined by the applicable state law" that could be considered "patently offensive." This can be the easiest of the Miller criteria to establish in an obscenity case.
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Evaluate the programming to see whether it "lacks serious literary, artistic, political or scientific value." Unlike the other steps in the Miller test, these standards should be evaluated based on national standards instead of those of the individual community.
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Tips & Warnings
It's not necessary for people filing obscenity complaints with the FCC to submit videos or recordings of the programming in question. Similarly, a broadcaster isn't required to submit a recording to plead their innocence of obscenity charges, though a recording can help to establish context, a key component in refuting obscenity charges through the Miller test.
