US TV stations challenge FCC profanity decisions

16 Apr, 2006

Major US television networks and their affiliates said on Friday they have asked appeals courts to overturn decisions by regulators finding broadcasters violated decency standards by airing profanity.
News Corp's Fox Television Stations Inc and CBS Broadcasting Inc asked the US Court of Appeals for the Second Circuit in New York to declare the decisions by the Federal Communications Commission (FCC) unlawful.
The decisions were "unconstitutional, contrary to the relevant statutes, arbitrary and capricious and contrary to law," the broadcasters said. General Electric Co's NBC filed to participate in the case siding with the broadcasters.
Walt Disney Co's ABC Inc and Hearst-Argyle's Kansas City affiliate filed a similar appeal in the US Court of Appeals for the District of Columbia. More than 800 television network affiliates joined the court efforts.
CBS also asked the FCC to back down from its proposed $3.3 million fine against 103 stations for airing a scene depicting group sex during the show "Without a Trace."
Additionally, CBS urged the agency to reconsider its decision to fine 20 of its stations $550,000 for Janet Jackson's showing her bare breast during the 2004 Super Bowl.
US regulations bar television broadcast stations from airing obscene material and limit them to airing indecent material, such as profanity and sexually explicit content, during late-night hours when children are less likely to be in the audience.
The FCC last month ruled against Fox for the 2002 Billboard Music Awards during which actress and singer Cher said "fuck 'em" and the 2003 Billboard Music Awards when reality television star Nicole Richie said "shit" and "fucking."
The agency said the word "bullshit" on the ABC show "NYPD Blue" violated the decency limits. The FCC also found CBS stations in violation for the word "bullshitter" on the news program "The Early Show." The agency, however, decided against proposing fines against stations that aired the shows.

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