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FCC to Require Broadcasters to Keep Tapes of Shows

The Importance of writes "Under current FCC rules, in order to make an indecency complaint about a broadcast you have to provide "a significant excerpt from the program or a full or partial tape or transcript of the program." However, broadcasters aren't required to keep a tape of their broadcasts so, rarely, an indecency complaint gets dismissed for lack of evidence. But that is going to change. The FCC has issued a Notice of Proposed Rulemaking [PDF] [TXT] that will require broadcasters to maintain recordings of their broadcasts for 60-90 days. The FCC is also considering reducing what you must claim in order to enter a complaint, thus opening the floodgates for indecency complaints by groups like the Parents Television Council, which is already keeping the FCC censors busy. Doesn't the government have better things to do?"

14 of 531 comments (clear)

  1. I don't understand ... by Burb · · Score: 5, Insightful

    Why is it censorship if you require the broadcaster to keep a record of what was transmitted?
    And if a broadcaster has something to say, whether contentious or not, why would you not want to keep a record of it?

    --

    1. Re:I don't understand ... by Anonymous Coward · · Score: 5, Insightful

      When someone accuses you, he's the one who has to bring the evidence. You don't have to incriminate yourself. The new requirement is not censorship per se, but it helps those who want to control what other people can see, simply by shifting some of the costs to the broadcasters.

    2. Re:I don't understand ... by Anonymous Coward · · Score: 5, Insightful

      I think the point is that of course all broadcasters already keep recordings of all their output, so this is a no-op for them.

      It also does not seem that unreasonable to me that, in return for being granted use of the airwaves, you need to have an audit trail of what you have transmitted to 200 million people.

      Too much knee-jerking going on here. The country is not run on principle it is run on pragmatism, and that is the way it should be.

    3. Re:I don't understand ... by DarkSarin · · Score: 4, Insightful

      I am seeing a lot of complaints about this being censorship, and in some ways I agree--the gov't should stay out of these matters, and parents should step in and take responsibility.

      In order for parents to do this, however, broadcasters must be honest about the shows content before broadcasting. Personally I deplore a lot of the material on TV/Radio these days, but I respect that they have the right to broadcast it, just as anyone who wants to has the right to listen/watch.

      Someone mentioned that media companies are trying to have their cake and eat it too, with the broadcast flag. Personally, I think that if they are going to make it illegal/impossible to record broadcast shows, they should require companies to record the broadcast in order to provide evidence of truth in advertising (hey, this show is rated TV-Y, but they are talking about sex, that's not right!).

      That said, I am comfortable with either situation--either make it easy to obtain the broadcast later, or make it legal/easy to tape it yourself.

      As someone who feels that personal liberty is of supreme importance, I think that it should be perfectly legal to record a broadcast. As far as decency is concerned, I'm not that concerned--censorship should be practiced at the level of the family. If you don't want your kids watching a certain show, then don't let them. Complaining to the gov't is not the way to go.

      --
      "We don't know what we are doing, but we are doing it very carefully,..." Wherry, R.J. Personnel Psychology (1995)
    4. Re:I don't understand ... by Refrag · · Score: 4, Insightful

      With the Broadcast Flag, the only person that can supply evidence is the broadcaster. This is a good law. If we can ever get rid of the Broadcast Flag, this'll be a bad law.

      --
      I have a website. It's about Macs.
    5. Re:I don't understand ... by kfg · · Score: 5, Insightful

      The country is not run on principle it is run on pragmatism, and that is the way it should be.

      It may have escaped your notice, but the one thing that America has always claimed that set it apart from other countries is that it is founded on principle.

      KFG

  2. Who does it help? by lachlan76 · · Score: 5, Insightful

    From what I can tell, only a minority of the population would actually care enough about TV to actually complain. Most people just turn off the tv or watch something else when something's on that they don't like.

    Back, a long time ago, (I think), there were many, many complaints about a lingerie poster with Kylie Minogue in it. A couple of hundred got through, out of about 20000, IIRC. Even if that seems significant, more people entered a competition to win the poster than the number of people who complained.

    Why make laws to fix a problem when it can be fixed with an ON/OFF switch? I for one am sick of these 'think of the children!!!' laws, which don't help the children at all. Being 14, I don't think that restricting content or information from getting through is a good way of doing things. My parents have tried to give me certain opinions my whole life. Trying to censor information isn't the way to make things good. Especially when you can't stop it after it has been done.

  3. Why government listens to these people by October_30th · · Score: 4, Insightful
    Doesn't the government have better things to do?

    Yes. However, since the prudes (religiously motivated prudes in particular) make a very loud crowd that also tends to vote, the government listen to them.

    I for one am worried about the recent re-emergence of social conservatism both in Europe and abroad. One good thing about conservatism is that it encourages people to vote. Voting just doesn't seem to be "cool" amongst the young social liberals and now we're seeing the results.

    --
    The owls are not what they seem
  4. Re:Quite usefull by torpor · · Score: 4, Insightful

    Thing is, why should the onus -only- be on the broadcaster in these cases?

    If you've got an indecency complaint to make, you should be able to make your -own- copy of the event.

    Copyright laws seem more designed to prevent open criticism of the quality of media, than the actual control of copy of that media. Frankly I think far too many TV and "Mass Media" broadcasters are getting away with nefarious info-war rubbish, and it has gone on too long... the public need education on propaganda, and they -need- the right to record all media they perceive, on persistent and undeniable basis.

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  5. Re:Quite usefull by rokzy · · Score: 4, Insightful

    how does that work?

    "hey that was disgusting, put a tape in quick and record 5 minutes ago"

  6. What are you paid for? by 192939495969798999 · · Score: 4, Insightful

    My guess is your job isn't to be a raunchy DJ. Howard's JOB is to do that. And yet he is fined for it. If you're a computer scientist and you make fart jokes, it might be considered inappropriate at work. However, construction workers that want to hear fart jokes can tune in Howard. If your office wants to censor you listening to Howard, technically they probably can. The government can NOT, however, and should NOT, because 18 million people (about) enjoy listening to the show in various public (and allowed private) places. If you think for one minute that your kid is being warped by Howard, turn it off, or better yet, get real, because your kid has heard 10 times worse at school every day since kindergarden.

    --
    stuff |
  7. Re:So what your saying is... by wfberg · · Score: 4, Insightful

    So what your saying is that people like howard stern should not be liable for what comes out of their mouths. I am held liable for what I say at every job I have ever had. How is he above that? Because he is a celebrity? Please explain it to me.

    Because you can switch him off if you find him offensive? Same as your boss tells you to shut your mouth, only you don't even have to tell him to his face, just hit that dial! The feeling of POWER must be overwhelming!

    Inoffensive speech needs no protection. That's what the First Amendment is all about. Protecting speech that others don't like.

    --
    SCO employee? Check out the bounty
  8. What I don't understand is... by fataugie · · Score: 5, Insightful
    Why something said on the Howard Stern show back 2 1/2 years ago is all of a sudden something that needs to be investigated. 2 years ago, no one had a problem with it. Why now?

    I'll tell you why

    Because whoever is behind this shit sees the blood in the water and is now looking at past tapes to see if they can apply Today's standards to yesterday's broadcasts.

    I think it stinks and is completely unfair.

    --

    WTF? Over?

  9. Parents should be parents by Pedrito · · Score: 4, Insightful

    Our problem in the States these days is that parents want the government to be responsible for their kids. When their kids get in trouble for shoplifting or shooting another kid over a pair of shoes, they want to point to violence on TV or the music they listen to as the problem. Unfortunately, the real problem, as most intelligent people know, is the parents themselves. They don't want to take the time to raise their kids. They want the onus of responsibility to be with the government, hence these absurd laws.

    The Republicans are always going on about family values, and while I'm a liberal myself, I have to agree with that one issue. Family values in this country have, for the most part, gone to shit. I was raised by a single mother who worked full time. She still managed to raise me to know the difference between right and wrong. Even after a long, hard day's work, she managed to come home and spend time with me and talk to me about my day.

    The fact is, getting the government to charge out after indecency on TV is a complete and utter waste of time. As if kids can't find stuff 100 times more indecent and profane in the SPAM in their inboxes anyway.

    What we need is to start prosecuting parents for the crimes of their children so that parents will start taking responsibility for their kids again. At least that's my opinion. Parents can be much better parents than any government, if they have the incentive.