Three TV shows beat indecency rap
Episodes of "Keen Eddie," "Coupling" and "Off Centre" which were targets of indecency complaints have been let off the hook, although for two of them, it was by a 3-2 split decision among the five FCC commissioners. The dissenting commissioners were Democrat Michael Copps and Republican Kevin Martin. Republican Kathleen Abernathy and Democrat Jonathan Adelstein reluctantly supported the exoneration. Republican Chairman Michael Powell supported the moves but offered no comment.
Abernathy and Adelstein issued a joint statement, saying, "Balancing First Amendment protections with our restriction on indecency requires a careful, measured approach that does not infringe upon fundamental constitutional rights. We have had to review many programs, which, as parents, we certainly would not want our children to watch. Yet, whether a program is suitable for our children is not the standard that as Commissioners of this agency we must apply. Certainly, there is a great deal of material that is not directed towards children and that many may find objectionable or in bad taste, yet the material does not rise to the level of being indecent."
The "Keen Eddie" episode, which aired on Fox, involved a hooker and a horse, and was infamous at the time, getting prominent mention in the course of a Senate Commerce Committee hearing. Dissenting on this particular, Copps wrote, "In the face of thousands of complaints, the majority concludes that this episode concerning a prostitute and a horse contains "references of a sexual nature," but is not indecent as it is not intended to pander, shock, or titillate. I disagree with this entire analysis and therefore must dissent." Martin also dissented.
The WB's "Off Center" episode explored the excretory side of indecency, revolving around a prospective love relationship based on a broken toilet. However, the majority found that the language didn't quite cross the line, nor were there over-the-line visual images.
Copps thought this was an appropriate instance to bring up the radio/TV double standard. "I disagree with the decision not to impose a fine against this broadcaster for violating the indecency statute. If analogous dialogue had occurred on a radio broadcast, I believe the Commission, under its existing precedent, would have found the program to be indecent. We must ensure that we do not impose a different standard for television than for radio."
Martin also mentioned the great indecency divide, and thought this stuff was indecent anyway. "This decision appears to be inconsistent with our precedent. In the past, if similar references, in similar contexts, have been made on radio shows, the Commission has fined the radio station. I believe the Commission should apply the same standard to television and radio broadcasts."
Parents Television Council was listed by the FCC as a primary complainant about "Coupling," an offering from NBC. Although the program was about the intertwined relationships of six individuals, it relied on double enterdres and innuendo to get the point across, and physical contact goes no further than kissing. Its dismissal was not specifically challenged by any of the commissioners.
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