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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?"

26 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 1u3hr · · Score: 4, Informative
      Not really. If it's broadcast it's already in the public domain, and someone else could quite legitimately have recorded it.

      No, broadcasting something doesn't put it in the public domain. That's actually one reason cited for requiring the broadcasters to keep copies, becasue it's technically illegal for viewer/listeners to do so (aside from time-shifting).

    4. Re:I don't understand ... by Short+Circuit · · Score: 4, Informative

      and when you're (retroactively!) guilty?

      I'd be very surprised if the FCC had the power to implement retroactive law. Under Article 1, Section 9, Clause 3 of the US Constitution, no ex post facto law may be passed.

    5. Re:I don't understand ... by beuges · · Score: 5, Interesting

      That was my immediate reaction as well, until I realised that if you're watching a show on tv, or listening to something on the radio, which ends up having 'questionable' material, you wouldn't have had the foresight to record it on the off-chance that the show you are watching/listening to would be 'questionable'. How often have radio DJ's been given formal warnings for inadvertedly swearing on air - it happens, and people phone in and complain, but it's very unlikely that someone is sitting and recording the show just in case the dj says something colourful.

      Having said that, I personally am against the rush to censor everything that we see and hear :)

    6. 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)
    7. 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.
    8. 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

    9. Re:I don't understand ... by Almost-Retired · · Score: 4, Informative

      If you have done nothing wrong, why not keep a record of what you have done? You only destroy evidence when you are guilty, right?

      I think that this line of argument for forced recording of material is just like the old argument about hiding stuff: it is an attempt to impose more restrictions on innocent people.


      I violently agree. I am a bc engineer, mostly retired.

      Makeing us, the small market window on your home town here in the markets rated as 100+, responsible for what the networks feed us in the form of making us keep an aircheck tape of a 24/7/365 operation, at $20 an hour for the tape and another $10/hour or more for machine maintainance, will gain no real benefits to society at large, and will reduce our already too narrow operating margin by a considerable percentage. Its an expense smaller market stations cannot afford as it doesn't scale to the market size, but rather is a fixed expense regardless of the market ranking of the station.

      For locally produced stuff, like our 5 times daily newscasts & morning cut-ins, yes, we do tape those, but asking us to save every tape for 60-90 days will multiply our tape costs by however many weeks that would be since like most, that tape has served its "review our own perfomance" duty at the end of the week, so tuesdays tape for the 12:00 noon cast is then re-written the next tuesday at 12.

      These aren't $2.00 walmart vhs tapes folks.

      From another viewpoint, we are simply incapable of responding in real time to bleep out a embargoed word when carrying what the networks feed us, or of recognizing and setting up an overlay fuzzball in real time of such goings on as the "wardrobe malfunction" during the superbowl. Our operators were as wide-eyed as the rest of the world at that instance.

      Such regulatory actions rightfully should be directed to the source of the program, and not the 1700 something broadcast tv stations under the commissions purview.

      As it is, we spend around 60 man hours a week scanning the syndicated and one time stuff that comes in on tape before we air it, and often wind up editing out a word or 3, but since we cannot do that to the syndi's tape, its their copyrighted property, that means we have to make yet another dub on our own tape.

      This is an ill-conceived idea, really.

      Cheers, Gene

    10. Re:I don't understand ... by Dun+Malg · · Score: 4, Funny
      "The country is not run on principle it is run on pragmatism, and that is the way it should be."

      Oh, that's a nice line.

      I'll remember that the next time I decide to rob a bank.

      "It's just not efficient for all that money to be sitting around in a drawer all day when it could be out in the economy circulating around. Now fill this bag or I'll kill every damn one of you!"

      --
      If a job's not worth doing, it's not worth doing right.
  2. Why don't they call it by Anonymous Coward · · Score: 5, Funny

    The 'Janet Jackson Nipple Law'...

    ..it has a nice ring to it :-)

  3. Quite usefull by Zappa · · Score: 5, Interesting

    Working for a radio station in Austria, we have about the same rules here (90 days, real airplay), and we saw it as quite a pain originally. We kept the records on mp3s wich got deleted after the "holdtime".
    One day we got sued from a company that a moderator had said "offensive things" about them and at court the mp3s were the key to show that this wasnt true. Since then we see this also as a mechanism to be able to show what really got broadcast in situations like this.

    1. 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. --
    2. 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"

  4. I'm shocked by your attitude by not_a_product_id · · Score: 5, Funny

    "Doesn't the government have better things to do?"

    Are you suggesting that education, health, freedom and peace are more important than keeping Janet Jackson's breast out of sight? You damn liberal!
    --

    ---
    We spoke for about a half an hour. I don't recall a thing we said. - Colorblind James Experience

  5. Amazing they're not kept already by ObsessiveMathsFreak · · Score: 4, Interesting

    I find it difficult to believ that broadcasters aren't already required to keep records permenently for historical purposes.

    Just think of the millions of hours of TV that no one will be able to research. Admittedly most of it isn't of the highest quality, but still, some historian might well be interested in the future.
    The cost is nowadays minimal anyway. DivX, 400GB HDDs and backup tapes have made it simple to record everything that gets broadcast. Perhaps an archive of broadcasts should be recorded from all stations. I hardly think this affects anyones rights as we could all view it anyway.

    As an aside it's also very sad when brief exposures of a naked human breast are considered indecent.

    --
    May the Maths Be with you!
  6. 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.

  7. It's always "Won't Someone think of the Children?" by bheer · · Score: 4, Informative

    Doesn't the government have better things to do?

    Uh, no.

    Actually, between large numbers parents who vote (and organize themselves into pressure groups), and the large numbers of twentysomethings who don't vote, and teenagers who *can't* vote, who do you think makes a more effective pressure group? Who do you think the guv'mint will try to pander to?

    Off topic: I've been reading this and been wondering about how much of this "won't someone think of the children" crap would still exist if legal age for voting was 14 or 15.

  8. 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
  9. copyright? by capoccia · · Score: 4, Interesting

    how is an individual supposed to make said tape in light of current copyright laws?

  10. So what your saying is... by millahtime · · Score: 4, Interesting

    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.

    1. 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
  11. 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 |
  12. 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?

  13. 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.