Fox vs. The FCC: Just what is indecency anyway?
Interesting article up at Ars Technica regarding the FCC's curious habit of not publishing what its indecency rules are. Fox is challenging its fines saying that it's unfair that they should be penalized for not following unpublished rules. The FCC's stance is that if they published a rulebook regarding what you could and couldn't say on broadcast TV, they'd be censoring people. By leaving it unpublished and only reacting when there's a complaint, they're encouraging self-censorship and I guess can sleep easy at night knowing that the first amendment is kinda, sorta still in place.I personally think the self-censorship thing is splitting hairs and it's hard to justify any need for the FCC at all except for its original purpose: the regulation of broadcast licenses. It makes sense that everyone can't broadcast at the same frequency, but beyond that the FCC should have no say whatsoever in what people can and can't say on the airwaves. To put it another way, having the FCC police the airwaves is kinda like having the DMV police the highways. Giving the guy who takes your license picture a squadcar and a gun makes about as much sense as letting the head of the FCC determine how much of Janet Jackson's nipple is indecent.
(Further irony in having the FCC regulate indecency: it's supposed to grant licenses based on whether a broadcaster meets the public "interest, convenience, or necessity." If the public they're talking about in that statement is the same one I hang out with, it's a public that loves pornography and dirty words!)
Ultimately, though, I think the best summary of indecency is that of the famous philosopher, Kyle Broflovski: it's either all okay or none of it is. Where do you stand?

11 Comments