After a year without a decision, The Federal Communications Commission came down on Wednesday with a host of rulings on indecency, including record monetary fines of almost $4 million. Its most notable action was affirming the $550,000 fine against CBS for the Janet Jackson “wardrobe malfunction” during Super Bowl XXXVIII. The Commission also assessed fines against CBS for an episode of “Without a Trace” and against the WB for an episode of “The Surreal Life.”
The FCC’s decisions also impacted TV advertising. Two of the ads in question – one of which was an ad for a hotel and the other a political ad – were not found indecent. However, a promo for a DVD that aired during a block of music videos on a San Juan, PR, television station was determined by the FCC to be indecent. The Commission found that the ad violated “community standards” for broadcast television and assessed the station with a $220,000 fine. As far as we are aware, this is the first time an advertisement has been found to be indecent by the FCC.
This increased focus on advertising by the FCC – which the Commission has been threatening since complaints were made about certain ads that aired during Super Bowl XXXVIII – suggests that the broadcast clearance of ads, which already is very stringent, will only tighten up further.
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