Industry Guidance on the Commission’s Case Law Interpreting 18 U.S.C. §1464 and Enforcement Policies Regarding Broadcast Indecency

According to the FCC, indecent material may be broadcast during the safe harbor time period, which is defined as

Group of answer choices

10 a.m. to 6 p.m.

4 p.m. to 2 a.m.

10 p.m. to 6 a.m.

6 a.m. to 10 p.m.

10 p.m. to 6 a.m.

In enforcing the rules on indecency, the FCC says it relies on

Group of answer choices

its own monitoring of broadcasters.

complaints from viewers and listeners.

reports of violations from local police.

self-reporting by broadcasters.

complaints from viewers and listeners.

The FCC's regulation of indecent material on broadcast television and radio applies to depictions of [Select "sexual or excretory actions or organs", "excessively violent or sacriligious actions", or "sexual or excessively violent actions"] that are [Select "highly offensive", "clearly pornographic", "highly prurient", or "patently offensive"] under contemporary community standards for the broadcast medium.

sexual or excretory actions or organs, patently offensive

The FCC's Industry Guidance on indecency lists three factors that it will use to determine whether broadcast material is patently offensive. Which of the following is NOT one for the three factors?

Group of answer choices

Literary, artistic, political or scientific value.

Pandering or titillating presentation.

Explicitness or graphic description.

Repetition or dwelling.

Literary, artistic, political or scientific value.

What law does the FCC enforce regarding broadcast indecency?

18 U.S.C. §1464, which prohibits broadcasting obscene, indecent, or profane language over radio communication.

Is obscene content ever allowed on broadcast media?

No. Obscene content is not protected by the First Amendment and is never allowed.

How is indecent content treated under the law?

It is protected speech but can be restricted to protect children, usually outside “safe harbor” hours.

What are the FCC’s “safe harbor” hours?

10 p.m. to 6 a.m.; indecent content may only air during these hours.

Which case established the FCC’s authority to regulate indecency?

FCC v. Pacifica Foundation (1978).

What is the FCC’s definition of indecency?

Language or material that depicts sexual or excretory organs or activities and is patently offensive by contemporary community standards for broadcasting.

What are the two requirements for content to be considered indecent?

(1) Subject matter: depicts sexual or excretory organs/activities. (2) Patent offensiveness: clearly offensive by broadcast standards.

How does the FCC determine “patently offensive”?

Using the “average broadcast viewer/listener” standard, not local or individual complaints, and evaluating full context.

Name the three main factors the FCC considers when assessing indecency.

(1) Explicitness/graphic nature, (2) dwelling/repetition, (3) pandering, titillation, or shock value.

Can innuendo ever be considered indecent?

Yes, if the sexual or excretory meaning is unmistakable, even without explicit language.

How does repetition affect indecency determinations?

Persistent or repeated sexual/excretory content increases the likelihood of an indecency finding.

Are fleeting references to sexual or excretory material usually indecent?

No, fleeting or isolated references generally do not warrant an indecency finding.

What is an exception to fleeting references being considered non-indecent?

Fleeting references to sexual activity with children or extremely graphic content can be indecent.

How does the purpose of a broadcast affect indecency?

Material presented to pander, titillate, or shock increases the chance of being found indecent.

Can explicit sexual content in educational or news contexts be non-indecent?

Yes, if it is instructional, clinical, historical, or part of legitimate news coverage.

Give an example of material the FCC found indecent.

Howard Stern Show segments with graphic sexual jokes, the “Uterus Guy” song, and candy-bar innuendo song with unmistakable sexual meaning.

Give an example of material the FCC did NOT find indecent.

Fleeting profanity on live radio, clinical sex education on TV, John Gotti wiretap in news, nudity in Schindler’s List.

What enforcement actions can the FCC take?

Issue warnings, impose monetary forfeitures, or revoke a broadcast license.

What documentation is needed for the FCC to consider a complaint?

A full/partial tape or transcript, date/time of broadcast, and station call sign.

What is the overall test to prove broadcast indecency?

(1) The content depicts sexual/excretory organs or activities AND (2) it is patently offensive using broadcast standards, evaluated by explicitness, repetition, and pandering, with context considered.

Does humor, music, or artistic style automatically protect content from being indecent?

No. Humor, music, or artistic context does not automatically prevent an indecency finding; context and sexual/excretory meaning are what matter.