In Wake of High Court Ruling, FCC May Expand ‘Indecency’ Restrictions

The Federal Communications Commission may move to expand the hours during which indecent radio and television broadcasts are prohibited as a result of Monday’s U.S. Supreme Court decision.

At present, so-called indecent broadcasts--which have been defined by the high court as having some serious value but which may contain vulgar words--are not allowed between 6 a.m. and 8 p.m. out of concern that children are likely to be in the audience.

The Supreme Court refused to allow the FCC to impose a 24-hour ban on such programming, as it does with obscene material, but left open the question of what hours at night were suitable for a “safe harbor” period.

FCC spokesman Bob Ratcliffe said that the regulatory agency now may consider whether to extend the ban on indecency to 10 p.m. or midnight. “The commission has been concerned about late evening, so 10 p.m. or midnight could be the cutoff,” Ratcliffe said in a phone interview. “You could make a real good argument for 10 p.m., though I can’t say specifically what the commission will do next.”

Morning drive-time radio, when the greatest number of complaints are made, will continue to be included in the period when indecent broadcasting is banned, he said.

“Practically, it won’t change things a whit (during morning drive),” Ratcliffe said.

Indecent broadcasting is defined by the FCC as “language or material that, in context, depicts or describes, in terms patently offensive as measured by community standards for the broadcast medium, sexual or excretory activities or organs.”

The commission does not monitor broadcasts for indecency or obscenity, but reacts to complaints from listeners. A station found guilty of indecent broadcasting may be fined up to $20,000.