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Monday, May 10, 2004

Self-Censorship by the Media

Eye on F.C.C., TV and Radio Watch Words
By JACQUES STEINBERG
NY Times Business
Published: May 10, 2004

The reverberations from this year's fiasco of a Super Bowl half-time show are reaching every corner of the broadcasting world, and not even the viewers of "Masterpiece Theater" are immune.

The producers of "Masterpiece Theater," intent on staying in the good graces of a Federal Communications Commission increasingly vigilant for instances of indecency, took a step last month they never had before. They chose not to make available to PBS member stations an unexpurgated version of the critically acclaimed British series "Prime Suspect," and instead sent out two edited versions: one with all of the salty language edited, and another with only some of the possibly offending words excised.

Television and radio broadcasters say they have little choice but to practice a form of self-censorship, swinging the pendulum of what they consider acceptable in the direction of extreme caution. A series of recent decisions by the F.C.C., as well as bills passed in Congress, have put them on notice that even the unintentional broadcast of something that could be considered indecent or obscene could result in stiffer fines or even the revocation of their licenses.

"If you're asking if there has been overcaution on the part of broadcasters today, I think the answer is yes," said Jeff Smulyan, the chairman and chief executive of Emmis Communications, which owns 16 television stations and 27 radio stations in Chicago, Los Angeles, New York and other cities. "Everyone is going to err on the side of caution. There is too much at stake. People are just not sure what the standards really are."

The uncertainty over standards, Mr. Smulyan said, has convinced station executives to hire at least two paralegals whose responsibilities will include deleting potentially offensive material on live broadcasts before those words can be heard by the audience, using technology that delays the airing of those programs by an interval of several seconds.

Among those who will be subject to that legal backstop is the Chicago radio host known as "Mancow," who mixes celebrity interviews with racier fare. Michael J. Copps, an F.C.C. commissioner who has been one of the strongest critics of media companies, acknowledged that some broadcasters appeared to be overreacting. But, he said, "I applaud the effort at self policing."

He also disputed the notion that the commission's standards on indecency were too vague. "I think most of the things we're dealing with right now are pretty clear, from the standpoint of being indecent," he said. "There's enough stuff out there that shouldn't be on." Still, Mr. Copps said that the broadcasters themselves could resolve any ambiguities they perceive by drafting and adopting what he described as a "voluntary code of broadcaster conduct."

James P. Steyer, founder and chief executive of Common Sense Media, a nonpartisan organization that advocates better programming aimed at children and families, said that "a few extreme, silly examples" of media companies being perhaps too cautious were far preferable to what he considers the "completely unregulated environment" of the recent past.

Complaints about indecency on the airwaves are not uncommon in election years, although they often grow fainter once the first Tuesday in November goes by. This year, the exposure of Janet Jackson's right breast during a Super Bowl halftime show seen by tens of millions of viewers provided something of a gift to a Republican administration seeking to shore up its standing with conservatives, as well as with those who complain that media companies have grown large in recent years while facing little government scrutiny.

Two recent rulings by the F.C.C. have had a particularly chilling effect on broadcasters. Last month, the agency proposed levying nearly $500,000 in fines on six radio stations owned by Clear Channel Communications for broadcasting a 20-minute snippet of Howard Stern's program dealing mostly with sexual talk. (Clear Channel has since stopped carrying Mr. Stern's program.)
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