Congress sends Bush bill hiking indecency fines

By Jeremy Pelofsky

WASHINGTON (Reuters) – The U.S. Congress on Wednesday sent
President George W. Bush a bill to boost fines tenfold to
$325,000 on broadcast television and radio stations that
violate decency standards, a victory for conservative groups.

The legislation, which Bush is expected to sign, caps fines
at $3 million for continuing violations. The House approved it
by a 379 to 35 vote on Wednesday, while the Senate passed the
measure by unanimous consent last month.

The punishment was less than groups like the Christian
Coalition and Parents Television Council had sought, but the
passage of the bill could help bolster support for Republicans
who are facing tough re-election races in November.

The current maximum fine is $32,500 per violation.

The legislation is the culmination of two years of lobbying
for higher fines sparked by pop singer Janet Jackson, whose
bare breast was briefly exposed on national television during
the 2004 Super Bowl football halftime entertainment show.

Twenty CBS Corp. television stations were fined a total of
$550,000 for the stunt. But that penalty was a fraction of what
CBS charged for 30-second advertising spots during one of the
most-watched annual sporting events.

U.S. regulations bar obscene material from being aired and
limit broadcast television and radio stations from showing
indecent material, like sexually explicit scenes or profanity.
Indecent content is only allowed between 10 p.m. and 6 a.m.
when children are less likely to be watching or listening.

Those regulations do not apply to satellite television and
radio, or cable television. Some lawmakers had considered
expanding the rules to include those subscription services but
feared a court would find that it violated free speech rights.

Shortly after the Jackson incident, the House had passed a
broad bill to raise fines to $500,000 per violation and make it
easier to fine individuals who pushed the envelope on broadcast
television and radio.

That bill would also have required the U.S. Federal
Communications Commission, which enforces the decency
standards, to consider revoking a broadcaster’s license after
three violations.

But House leaders admitted it would have been difficult to
quickly work out their differences with the Senate. Because
they had support of parents groups and conservatives, House
leaders acquiesced to passing the narrower bill.