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2/11/08

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Fatality

Fatality

SUICIDEGIRL

Connecticut, USA

JAN 29, 2008 07:37 PM

I'm just grateful that the FCC does not have the authority to regulate the internet. And I'd bet that members of the Anal Sex and Ass Appreciation groups agree. Because, let me tell you, The Federal Communications Committee has something against butts.



And this isn't just any grudge, it's a rancor for whichthe ABC network might have to pay $1.4 million USD. The story goes like this:



In 2003, ABC showed an episode of NYPD Blue that showed images of a woman's ass as she got ready to shower. The woman was Charlotte Ross, the character was Det. Connie McDowell. Some of you may remember the episode. If not, and once again, let me be grateful for the Internet, you can see screenshots here or the video clip here. Fast-forward to the present, when the FCC is fining 52 ABC stations for showing the episode and the nudity contained therein.



The FCC deems "sexual or excretory activities" shown in an "offensive" way before 2200 as indecent.



ABC has rejected the claims, saying the buttocks are not a sexual organ.





But that isn't even the whole story - oh no! Because the FCC goes on to point out that the episode also portrayed some of the woman's breasts. And for this partial breast and butt transgression, ABC may be paying upwards of a million dollars, as the United States has recently sanctioned a very large escalation in such fines.



The broadcaster has said it will appeal against the decision, which is the second largest indecency fine imposed on a broadcaster.



In 2006, the FCC imposed a $3.6m (£1.8m) against CBS for an episode of Without A Trace, which was settled for $300,000 (£152,000).





I know, I know, the argument can be made that, while one does not have to agree with the rules that are in place, you can't argue against the enforcement of said regulations. But I'm still a little confused. And a bit humored, in fact, as I attempt to envision FCC officials - white and old and male - sitting around discussing, "Cartoon butts? Okay! Female butts? No good. What about tightly fitting, sheer material over a female butt? Hmmm…" I am perhaps oversimplifying the issue, but I still get carried away with such scenes.



-"Well, Dick, what do you think? Are buttocks more offensive than breasts? Which will scar our children more?"



-"And, hey, what about the value of the fines; how do we decide those? Should we base them on absolute or relative size? Do we charge more for more, how do they say, 'junk in the trunk'? Or, what about the super skinny actresses with no meat on their behinds…should they be charged as much?"



-Ad infinitum



Fun, isn't it?



In addition, let me highlight something that I find particularly ridiculous about this story: The episode aired in 2003. By charging the network such a high fine and bringing national (and international) coverage to the story, many more people are going to view the guilty body parts. I know I wouldn't have seen the t'n'a without hearing of the story. Then, let me ask the perpetual (and probably rhetorical) question, "Is this about money or principles?" Does the FCC really care about protecting the viewers (from the allegedly potential harms of viewing such flesh), or are the fines predominantly created for the purpose of generating revenue?



That video clip and those images were definitely the least sexual things Fatality saw all day…

Hastur

Hastur

Eugene, OR
February 2003

JAN 30, 2008 01:09 AM

The religious right has well organized campaigns of complaints of indecency to the FCC. Imagine if the free expression movement were as well organized in opposing this censorship.

DexterMorgan

DexterMorgan

Miami, FL
January 2008

JAN 30, 2008 01:16 AM

StarBelliedBoy

StarBelliedBoy

Philadelphia, PA
December 2003

JAN 30, 2008 03:25 AM

Maaaan, that was on network tv?

bairdduvessa

bairdduvessa

Centerville, MA
April 2005

JAN 30, 2008 05:23 AM

*walks down the street....wow every person has an ass, as do most other animals.

formerviking

formerviking

Denver, PA
May 2006

JAN 30, 2008 01:30 PM

More then anything else , the one thing I hate about my countries ideas concerning censorship , is the double standard that nudity is evil but violence is not so bad . I never understood it when I followed stories about what was cut out of movies to get a R instead of a X , & I still don't get it . I guess I'm just not a fan of censorship in general . I feel the more truth that is out there available to be seen by everyone , the sooner we can all work out our differences . And that truth includes the fact that we all have genitals . Deal with it America , please .

Gillionaire

Gillionaire

Manchester, NH
February 2007

JAN 30, 2008 01:37 PM

I'm still surprised people finds butts offensive. Hilarious, sure. Attractive, depends on the person. But seriously, everyone has one. What's so offensive about that?

Salome

Salome

SUICIDEGIRL

Illinois, USA

JAN 30, 2008 02:03 PM

It's shit like this that makes me want to leave.

Maxx

Maxx

Los Angeles, CA
July 2002

JAN 30, 2008 02:38 PM

i love the most recent comment on the youtube video of that

who cares, im 12 and i've seen like 100+ porn videos. Everyone does it. Seein an ass is not a big deal. We got some ninth graders in the back of the bus giving head every day, not even kidding


hahaha! listen to the kid, people!

Ferretbite

Ferretbite

Mexico
September 2006

JAN 30, 2008 02:39 PM

If banning butts from TV means Bill O'Reilly won't be showing his face on it anymore, I'm all for it.

xfinitex

xfinitex

East Lansing, MI
August 2005

JAN 30, 2008 02:45 PM

Calvin: I wonder why other animals don't wear clothes.
Hobbes: If our naked pink butts showed, we probably would.
Calvin: Our butts are just fine!

hk85

hk85

Guerneville, CA
October 2007

JAN 30, 2008 02:52 PM

At we don't have to watch people being murdered on Network TV, because that would truly be heinus.

KingMike

KingMike

Westfield, NY
October 2006

JAN 30, 2008 03:47 PM

The FCC deems "sexual or excretory activities" shown in an "offensive" way before 2200 as indecent.

ABC has rejected the claims, saying the buttocks are not a sexual organ.



If the buttocks is not a sexual organ, then Dorsal is in trouble. How can you not find her ass sexy?

Seriously though, how can you be offended by looking at a butt on TV? If they are going to disallow this instance of a butt, then I don't want to see any diaper commericials with a baby's bare butt in it if the buttocks is a "sexual organ" and is deemed "offensive," before 10:00 PM. This hits on both the "sexual" and "execretory" as we all know what a diaper is used for.

And if this was such a big deal, why deal with it 5 years after the fact? Does the FCC apply to all television or only over the air broadcast television? If it applies to all television, Sir Mix A Lot, Wrecks N Effect, and The Black Eyed Peas and any channel that aired their videos better watch out because they have a lawsuit coming their way.

IDGAS

IDGAS

Jackson Heights, NY
March 2004

JAN 30, 2008 06:28 PM

When ABC showed Andy Sipowicz's (Dennis Franz) ass it may not have been obscene however, it was ugly.

Subrosa

Subrosa

San Francisco, CA
July 2004

JAN 30, 2008 06:36 PM

In addition, let me highlight something that I find particularly ridiculous about this story: The episode aired in 2003. By charging the network such a high fine and bringing national (and international) coverage to the story, many more people are going to view the guilty body parts. I know I wouldn't have seen the t'n'a without hearing of the story. Then, let me ask the perpetual (and probably rhetorical) question, "Is this about money or principles?" Does the FCC really care about protecting the viewers (from the allegedly potential harms of viewing such flesh), or are the fines predominantly created for the purpose of generating revenue?


Not that I agree with the FCC's stance, but this is pretty standard lag time for administrative hearings of this scope. The Bono "fucking excellent" fleeting expletive case from 2002 just got resolved last year, for example.

crispy

crispy

NEWSWIRE

Philadelphia, PA

JAN 30, 2008 06:37 PM

I remember watching this episode when it first aired (huge NYPD Blue fan) and the scene in question was like the first two minutes of the show. I remember thinking at the time, "CAN THEY SHOW THAT?!?"

So, yeah ... it was definitely a little risqué for prime time TV, but handing down a fine five years after the fact? Give me a break.

Fatality

Fatality

SUICIDEGIRL

Connecticut, USA

JAN 30, 2008 06:40 PM

Subrosa said:

In addition, let me highlight something that I find particularly ridiculous about this story: The episode aired in 2003. By charging the network such a high fine and bringing national (and international) coverage to the story, many more people are going to view the guilty body parts. I know I wouldn't have seen the t'n'a without hearing of the story. Then, let me ask the perpetual (and probably rhetorical) question, "Is this about money or principles?" Does the FCC really care about protecting the viewers (from the allegedly potential harms of viewing such flesh), or are the fines predominantly created for the purpose of generating revenue?


Not that I agree with the FCC's stance, but this is pretty standard lag time for administrative hearings of this scope. The Bono "fucking excellent" fleeting expletive case from 2002 just got resolved last year, for example.


Interesting. I'm not "hip" on the general trajectory of such things, but...if this is standard...that seems a fucked up standard. Bureaucratic nonsense?

Also, resolution differs from bringing up the fines in the first place, no?

crispy

crispy

NEWSWIRE

Philadelphia, PA

JAN 30, 2008 06:43 PM

Then why did Janet Jackson's nipple get such a quick response? If I recall correctly, they fined CBS out the wazoo within a matter of months.

punk

punk

Phoenix, AZ
January 2004

JAN 30, 2008 06:56 PM

To be fair, that's a bit more than some butt cheeks. In one of those shots, had the lighting been different, you would have seen nipple.

Not that I agree with the FCC, but NYPD Blue has shown ass for years and not caught any flak for it.

StarBelliedBoy

StarBelliedBoy

Philadelphia, PA
December 2003

JAN 30, 2008 07:00 PM

punk said:
To be fair, that's a bit more than some butt cheeks. In one of those shots, had the lighting been different, you would have seen nipple.



Why is a nipple any more extreme than a butt cheek?


Ok, ok, I know, it's just the world we live in. But man. Retarded.

Stiles

Stiles

New York, NY
November 2002

JAN 30, 2008 08:28 PM

In contrast, the FCC lost regarding Bono's use of "fucking" back in '02, and:


The court's language on the V-chip and the nature of cable and satellite TV could effect more than just indecent speech on TV and radio. Recently, the FCC asked Congress for the authority to regulate violent speech in much the same way it regulates broadcast indecency on all platforms. Monday's ruling could make it more difficult for Martin to push those plans.



By some analysis, the FCC's authority over broadcast TV itself may be in question, since IIRC it was founded largely upon broadcast TV being ubiquitous and unalterable by the viewer back in the 1950s, when there were no alternatives. That is not true now in either case. Federally mandated television V-chip technology is now commonplace, so parents can exclude inappropriate programming if they feel like it. Equally importantly, more US households get their TV through cable now and not through broadcast.

Both of these developments put the basic reasoning of the FCC's regulation of indecency in question. It will be interesting to see if Martin's right wing hardline ends up getting the FCC's power of enforcement limited or revoked entirely in the future.

30sgangster

30sgangster

USA
October 2007

JAN 30, 2008 10:02 PM

And that's worse than half of the violent imagery on network TV how? Seriously you can turn on CSI or something and see all manner of dead bodies, but God forbid you see a nice ass and some side boob. Its a human body, and not a bad looking one if I may say so. Why, in the 21st century, are we as a country still so hung up over nudity and sexuality. I'd be far more worried about a kid getting ideas from violent programming than I would of a kid getting ideas about a naked blonde. The latter is just part of growing up anyway.

Now having watched the clip I am very surprised this made it to network TV and have no understanding of why it took the FCC 5 whole years to get pissed about it. Ridiculous.

Subrosa

Subrosa

San Francisco, CA
July 2004

JAN 30, 2008 10:25 PM

Fatality said:

Subrosa said:

In addition, let me highlight something that I find particularly ridiculous about this story: The episode aired in 2003. By charging the network such a high fine and bringing national (and international) coverage to the story, many more people are going to view the guilty body parts. I know I wouldn't have seen the t'n'a without hearing of the story. Then, let me ask the perpetual (and probably rhetorical) question, "Is this about money or principles?" Does the FCC really care about protecting the viewers (from the allegedly potential harms of viewing such flesh), or are the fines predominantly created for the purpose of generating revenue?


Not that I agree with the FCC's stance, but this is pretty standard lag time for administrative hearings of this scope. The Bono "fucking excellent" fleeting expletive case from 2002 just got resolved last year, for example.


Interesting. I'm not "hip" on the general trajectory of such things, but...if this is standard...that seems a fucked up standard. Bureaucratic nonsense?


Kinda. Administrative agencies are intended to be bureaucratic. I should say I'm certainly no expert on the standard timeline of FCC actions, but in general administrative actions are a lot like trials. Sometimes they take a long time. Sometimes they take a really long time. There isn't necessarily anything nefarious about it.

That said, here they just recommended a ruling. That means they had to give notice in advance and wait for public and party comments in advance of this. In other words, I seriously doubt that this was the first ABC heard of this. This did not come out of the blue to them, I'm sure.


Also, resolution differs from bringing up the fines in the first place, no?


Yes, and very much so. Here, they still have to finalize the ruling, which can then be appealed, which will then take plenty of time on top of that. I'm sure ABC isn't sweating it. The way things are shaping up in the presidential elections, the next adminstration (be it McCain or Obama/Clinton) will likely be more lax with these types of actions than Bush was.

Subrosa

Subrosa

San Francisco, CA
July 2004

JAN 30, 2008 10:35 PM

Stiles said:
In contrast, the FCC lost regarding Bono's use of "fucking" back in '02, and:


The court's language on the V-chip and the nature of cable and satellite TV could effect more than just indecent speech on TV and radio. Recently, the FCC asked Congress for the authority to regulate violent speech in much the same way it regulates broadcast indecency on all platforms. Monday's ruling could make it more difficult for Martin to push those plans.



By some analysis, the FCC's authority over broadcast TV itself may be in question, since IIRC it was founded largely upon broadcast TV being ubiquitous and unalterable by the viewer back in the 1950s, when there were no alternatives. That is not true now in either case. Federally mandated television V-chip technology is now commonplace, so parents can exclude inappropriate programming if they feel like it. Equally importantly, more US households get their TV through cable now and not through broadcast.

Both of these developments put the basic reasoning of the FCC's regulation of indecency in question. It will be interesting to see if Martin's right wing hardline ends up getting the FCC's power of enforcement limited or revoked entirely in the future.


Again, I'm not an expert on FCC jurisdiction, but I do know that part of their jurisdiction was based on the idea of the airwaves as a public trust. Even though broadcast TV doesn't have the same market penetration as it once did, that doesn't mean it's not still possible for you to throw up a pair of rabbit ears and tune in to the Big 34 networks. Moreover, there's a sort of precedential issue at play here. The FCC has asserted jurisdiction over broadcast issues for a half-century. I doubt that courts would be in a hurry to rock that boat too drastically for a few excesses of power here and there.

Finally (again, not that I'm arguing for the FCC here), but the Bono incident is easily distinguishable from this one. With the Bono incident, the FCC was punishing broadcast networks for so-called "fleeting expletives" that weren't planned or anticipated in advance. There was an obvious fundamental unfairness to such a punishment that the courts seized on to reverse the FCC ruling. The network hadn't intended to air such an obscenity, so why should they be punished for it?

By contrast, this here was clearly an intentional action on the part of the network. They wanted to show some ass (and some fine, fine ass at that.) They did. So the FCC doesn't have to get around the "fleeting expletive" hurdle, they just have to show that this chick's sweet hindquarters offended common standards of decency.

SarahFlower

SarahFlower

USA
September 2007

JAN 30, 2008 10:44 PM

Fucking aye.

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