Congress Acts to Curb Offensive Programs

Like the House Energy and Commerce Committee, the Senate panel approved increasing fines for indecency, from the current $27,500 per incident to a maximum of $500,000 after a third violation.

The House version allows for a $500,000 fine after a first offense, and requires the FCC to consider revoking a broadcaster's license after three violations. The Senate bill would require license revocation be considered with any fines, and allows the FCC to double fines for indecent, obscene or profane language or images when the offending programming was scripted or planned in advance, or if the audience was unusually large -- such as for a national or international sporting or awards event.

That would encompass entertainment awards shows, during which artists have uttered expletives. The bill approved by both the House and Senate committees would give the FCC the ability to impose the same fines on artists as on broadcasters, if the on-air talent willfully used indecent or profane language or images when they knew it would be broadcast.

That provoked sharp reaction from the union representing disc jockeys and other radio and television personalities, which fears Congress and the White House are hurtling toward censorship in an election-year frenzy to curry favor with certain voting blocs.

"If you're penalizing the person who is performing, because the words come out of their mouths . . . that has definite First Amendment implications," said Thomas Carpenter, national director of news and broadcasting for the American Federation of Television and Radio Artists.

Jack Myers, who publishes an independent newsletter about the media industry, sees the recent moves in even darker terms.

"The danger we face is when we are overly sensitive to the protective right guard," Myers said. "We've elevated Janet Jackson to a position of glorification, and we're on the verge of making Howard Stern a martyr. We're edging toward a McCarthyism that strikes fear in the hearts of communications companies."

Since the Jackson incident, Stern's syndicated show has been booted from six stations owned by radio giant Clear Channel Communications Inc. He remains on the air on about three dozen other stations. Florida radio personality Todd Clem, known as Bubba the Love Sponge, who worked for Clear Channel, was fired for indecent conduct on the air.

Stern, whose topics frequently include sex, has responded on his show with harsh attacks on the Bush administration, warning that he might soon be forced out of his job by FCC investigations and urging his listeners to vote against those who support censorship.

More recently, he has claimed that the FCC has delayed moving against him because it fears that he could turn tens of thousands of often conservative voters away from President Bush.

A spokeswoman for the FCC's enforcement bureau declined to comment on whether the agency is investigating Stern's show. Stern's agent, Don Buchwald, also refused to comment.

By a 12-11 vote, the Senate committee defeated a provision that would have extended the FCC oversight provisions of indecency and violence to cable and satellite programming, except for pay-per-view channels such as HBO.

Courts have generally held that any programming for which users must pay, including basic cable and satellite service, cannot be regulated in the same way as shows beamed over public airwaves.