NAB ready to take lead in search for decency solution

NAB President/CEO Eddie Fritts briefed reporters on yesterday's Summit on Responsible Programming, saying that the long day was productive. However, it did not produce any concrete results, nor was that an expected outcome. "I don't think anybody came here today expecting to walk out with a firm imperative. It's not going to be resolved in 30 days or even 60 days."

It did function as an opportunity to build consensus, and as a forum to propose and discuss options.

Fritts said there was virtual unanimity that whatever standard is applied to broadcast programming, it must also be applied to cable and satellite services. A three-year-old with a remote doesn't understand the difference between ABC and MTV, so that playing field should, and must, be level.

There was concern about protecting First Amendment rights of broadcasters. At the same time, as Fritts said, "The large preponderance of broadcasters never approach the line - - that has to be balanced."

Some panelists posited the idea that the serious problem centered in programming aimed at 20-something males, the 18-34 demo. But it goes beyond that - - Fritts said somebody mentioned a Rock tune drawing a fine when played on a Rock station, but not when played on an Urban station. (Editors note: If, by chance, this person was talking about the Eminem song which resulted in a NAL, but no fine, for just one station, we note that it was played thousands of times on all types of stations without drawing any other NALs.)

Fritts mentioned four options that were on the table. (1) establishment of a new code of ethics of some sort, an option almost universally mentioned; (2) establishing best practice guidelines; (3) establishing ethics codes on a company-by-company basis; and (4) adopting zero-tolerance policies.

Fritts said the consensus was that there was serious concern among those present, and that the NAB was expected to take a leadership role in determining the appropriate next step. The issue will be under serious consideration at NAB2004 in Las Vegas.

FCC Commissioner Michael Copps suggested that broadcasters and their opposite numbers in the cable industry should get together and find common ground on this issue. Fritts agreed that would be desirable, but that what discussion has been held recently between the two industries has been focused more on carriage in the upcoming digital transition.

NAB legal eagle Marsha MacBride discussed the problems with the original NAB Code which caused the courts to strike it down. Although programming issues threatened to a degree to run afoul of the First Amendment, it was advertising concerns which led to the oft-cited antitrust problems. She said it was certainly possible to craft a code for the industry, so long as similar problems are avoided.