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

[David Farber <dave () farber net>]

------ Forwarded Message
From: Declan McCullagh <declan () well com>
Date: Tue, 01 Mar 2005 00:18:58 -0500
To: <politech () politechbot com>
Subject: [Politech] Indecent FCC Watch: Private Ryan, Angel, Arrested
Development OK'd [fs]

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

---

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


COMMISSION DENIES INDECENCY COMPLAINTS AGAINST
VETERANS DAY BROADCAST OF ³SAVING PRIVATE RYAN²

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 ³Saving Private Ryan.²

The Commission noted that the film contains numerous expletives and
other potentially offensive language generally as part of the soldiers¹
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 FCC¹s 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 Network¹s Presentation of the
Film ³Saving Private Ryan,²

         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 ³shock² 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

³ARRESTED DEVELOPMENT² 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 ³Arrested Development² program.

The Commission concluded that the episode of the ³Arrested Development²
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 ³WILL AND GRACE² 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 ³Will and Grace² 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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