A 2005 study conducted by the Pew Research Center found that 61 percent of Americans say they are very concerned over what children see or hear on TV. Two-thirds also believe that sex and violence on TV gives children the wrong idea about what is acceptable in society. Further, of those surveyed, 75 percent "favor tighter enforcement of government rules on TV content during hours when children are most likely to be watching."
The FCC is responsible for the task of managing and regulating the public airwaves. Perhaps the best kept secret regarding television broadcasters is that the government grants them conditional licenses to use the public airwaves. The law maintains that broadcasters must serve the public interest and not merely their own. Because of First Amendment freedoms, the FCC cannot preemptively tell broadcasters what they can and can't air in advance (censorship being defined as prior restraint by a government entity), but the Commission has the ability to fine broadcasters who violate the law and even revoke their licenses. According to the FCC:
"We are authorized to fine a station or revoke its license if it has, among other things, aired obscene language, broadcast indecent language when children are likely to be in the audience, broadcast some types of lottery information, or solicited money under false pretenses." 1
The FCC also makes clear that the definition of "obscene language" includes non-verbal communication.
Federal law prohibits obscene programming on broadcast and cable networks at any time. To be considered obscene, broadcast material must meet the qualifications set forth in standards established by the Supreme Court. They state:
The FCC is also charged with regulating indecent speech. This is speech or material that does not rise to the level of obscene but is still considered harmful to minors and society. The FCC
The FCC states that it "has defined broadcast indecency as language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities." 2
It is important to note that the FCC only enforces rules against indecency that occurs between the "safe harbor" hours of 6:00 a.m. and 10:00 p.m. Unfortunately, even then, enforcement is rare.
The laws against broadcast indecency do not apply to cable. Since broadcaster signals are delivered through the public airwaves, they are held to a higher standard than is content transmitted over a secure and privately installed cable. The FCC has also determined that satellite providers are exempt from broadcast decency standards.
Since the FCC grants operating licenses only to local broadcasters and not the networks that produce TV shows, the FCC applies obscenity and indecency prohibitions only to the broadcast affiliates responsible for airing an offensive program. FCC guidelines state:
The First Amendment and federal law generally prohibit us from censoring broadcast material and from interfering with freedom of expression in broadcasting. Individual radio and TV stations are responsible for selecting everything they broadcast and for determining how they can best serve their communities. …Stations are not required to broadcast everything that is offered or suggested to them. 3
These rules allow greater responsibility and flexibility for local stations, as well as give communities greater control over local broadcasting standards.
Research confirms rising levels of graphic sexuality, profanity and violence on television.
Historically, broadcast indecency laws have rarely been enforced against TV programs or radio stations. Lax enforcement by the FCC has left American homes vulnerable to inappropriate and harmful sexual material. Although the FCC attempted to rein in indecent TV programs, the major broadcast networks sued in federal court. These cases are still tied up in court, but will determine the future of broadcast decency laws when they are decided.
The need to limit graphic sexuality has never been greater. In 2005, the Kaiser Family Foundation reported that sexual content on TV had risen considerably since the Foundation's first report in 1998. After reviewing more than 1,100 daily TV shows, Kaiser found that:
Exposure to sexualized media is taking its toll on youth. Although dozens of studies have shown that sexualized media can influence children's attitudes about sex (even into adulthood), a groundbreaking 2004 RAND Corporation study found that exposure to sexual content also significantly influences teen behavior.
According to the study, "Adolescents who watch large amounts of television containing sexual content are twice as likely to begin engaging in sexual intercourse in the following year as their peers who watch little such TV."
"This is the strongest evidence yet that the sexual content of television programs encourages adolescents to initiate sexual intercourse and other sexual activities," said Rebecca Collins, a RAND psychologist who headed the study. "The impact of television viewing is so large that even a moderate shift in the sexual content of adolescent TV watching could have a substantial effect on their sexual behavior."
The RAND study also found that discussions of sex were just as likely as depictions of sexual activity to influence teen behavior. "Both affect adolescents' perceptions of what is normal sexual behavior and propels their own sexual behavior," Collins said.
We believe - and the law states - that the American public, not radio or television broadcasters, own the airwaves and have the right to determine how they are used.
The laws governing the public airwaves are clear that broadcasters must serve the public interest and refrain from transmitting offensive material. Many media conglomerates today feel there ought to to be no limits to what they broadcast and appear to have no regard for the harmful potential of their content. Citizens have a right to work through their elected and appointed leaders to rein in offensive broadcast content and take back the control of the airwaves.
We support consistent enforcement of laws against broadcast indecency on radio and television.
One of the chief functions of government is to restrain evil. Broadcast indecency makes it extremely difficult for parents to protect their children's mental and physical health against corrupting influences. Sexualized content on television, like other forms of pornography, reduces men and women to sexual commodities and violates God's beautiful plan and moral standards for human sexuality. We therefore call on elected and appointed officials to uphold public decency through consistent enforcement actions against indecency violators.
We encourage parents to cultivate media discernment in their children and act on their convictions regarding offensive entertainment.
God has given parents the primary responsibility for nurturing and protecting their children. Nurturing includes teaching children the difference between truth and lie, right and wrong, and healthy versus unhealthy depictions of relationships and sexuality. Parents protect their children by limiting the influence of corrupting media in the home and proactively working to clean up the culture in which their children live. Of course, any amount of protection cannot substitute for cultivating character and a strong Christian view of sexuality in our children.
Silence about broadcast indecency indicates approval – both to elected leaders and society at large. Therefore, Christian citizens should be equipped to effectively communicate the dangers of broadcast indecency to those who would defend it.
The following talking points can equip you to engage others on this issue: