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Karmazin writes back to Brownback

Viacom's Mel Karmazin sent a letter 3/12/03 in response to a 3/1/03 missive from Sen. Sam Brownback (R-KS) concerning broadcast indecency policies at his company. In particular, the letters touched on a 2/24/04 incident on the Howard Stern Show which prompted Clear Channel to drop Stern from six of its radio stations. Karmazin came to Stern's defense, and took the occasion to attack the vagueness of the FCC indecency rules.

Karmazin noted that delay systems were used for the Stern show in question, but that based on their knowledge of the rules, Viacom employees involved in the broadcast did not think that any indecency rules were being violated.

This included when a caller, not employed by Viacom, used a derogatory racial epithet. "I apologize that such an offensive racist term was broadcast on one of our radio stations," Karmazin wrote. "But, while offensive, this language does not fall within the ambit of the indecency definition."

Karmazin went much further, pointing out that good faith efforts by broadcasters to follow the rules are next to impossible, if only because the FCC can't even demonstrate consistency enforcing them. He referred to his testimony before the House Subcommittee on Telecommunications and the Internet, where he mentioned the indecency fines levied against broadcasters who aired material by Eminem and Sarah Jones. In both cases, the fines were rescinded after the material was reclassified as not indecent. There was also the reverse situation, when the infamous Bono f-word slip was deemed not indecent, a decision that is under serious consideration for reversal.

"...these multiple course 'corrections' by the FCC in the context of adjudicatory proceedings typically involving a single party and taking months, or even years, of deliberation underscore the difficult task facing broadcasters as an industry to make subjective determinations within a matter of several seconds as to whether specific program material is legally indecent."

Karmazin began and ended the letter with assurances that Viacom is doing whatever it can to make sure it is in compliance with the rules.

RBR observation:

Imagine driving down highway I-101.1 (red-handed WWDC-FM DJ Elliot in the Morning's favorite). You see a sign: "Speed limit strictly enforced." Next sign: "Private citizens with personal electronic equipment encouraged to make citizen's arrests." Next sign: "$500,000 fine for speeding violations." Next sign: "Speeders lose licenses."

Next sign: "Speed limit ??? mph."

Let's be honest. Even if the rules are vague, if you're going to put your pedal to the metal and let the edgy material rip for all its worth, you shouldn't be all that surprised when the indecency cops pull you over, vague rules or not.

For example, the Elliot in the Morning case does not leave Clear Channel much room to call it a "gray area" incident, at least so long as President Bush avoids naming Larry Flynt to the federal bench.

However, a lot of times, the call isn't quite so easy to make, and the person with a finger on the delay button needs to have a good grasp of the rules.

If only broadcasters could be sure what the rules are...