Here I was, all riled up to be pissed off at the FCC over their latest indecency rulings… Then I actually *read* the 75 page report, and I’m feeling really really really sorry for the folks that have this job.
“The Surreal Life 2” is a “reality-based” television program in which six cast members from diverse backgrounds share a luxurious house for 12 days. One of the six cast members, Ron Jeremy, is a veteran actor in pornographic movies. In the Pool Party Episode, he gives a pool party for about twenty of his friends in the pornographic movie industry. During the ten-minute sequence depicting this party, the episode displays approximately 20 pixilated views of various female guests’ nude breasts and, in one case, a female guest’s entire nude body. In addition, there are numerous other examples of sexual images and innuendo, including two brief, pixilated scenes in which Mr. Jeremy touches or kisses a female guest’s bare breast; a scene in which Andy Dick, another guest at the party, places his mouth on the top portion of a female cast member’s breast and makes a comic sound, and the female cast member explains that they are just friends; another scene in which Andy Dick kisses a female guest’s pixilated bare breast and spanks her buttocks, stating jestingly that she should go to her room and he’ll join her there shortly; a scene where a female guest appears to sexually proposition a male cast member; and a scene in which another female cast member suggests that the party attendees play a game of “strip truth or dare to get naked,” saying to Ron Jeremy, “[c]ome on porn star, everyone knows about your big [bleep], though I haven’t seen it.”
44. On February 11, 2005, the Bureau sent a letter of inquiry to Sherjan Broadcasting Company, Inc., the licensee of Station WJAN-CA, concerning the material described above allegedly broadcast over the station. Sherjan responded by letter dated March 14, 2005. As confirmed by the videotape of the program provided by Sherjan, during the segment in question, the host introduces a female guest by stating, “before we present Juliana I want to tell the gentlemen to be careful because she is dressed in a way that can cause a heart attack.” The female guest then appears in an open-front dress, with her nipples covered, but her breasts otherwise fully exposed. As she makes her entrance, she pirouettes in front of the audience, then shakes her breasts towards the cameras. When she turns to face the host, he briefly stares at her breasts, then mugs for the camera. Sherjan acknowledges that the material in question was aired over Station WJAN-CA at 7:00 p.m. on October 19, 2004, and that the female guest appeared in an open-front dress. However, Sherjan maintains that the complained-of material is not actionably indecent because it is “a comedy routine” and does not shock or titillate.
…Now, I understand that those things can be offensive to some people…(even if I’d gladly pay to watch it) However….here’s some of the abolsute TRIPE…the complete, utter schlock that they have to rule on… If even one person complains, they *MUST* investigate. Examples of your tax dollars at work – put there by idiots who have nothing better than to complain about what’s on the boob toob *and* who apparently have no grasp of what the legal definition of “obscene” is. (BTW, it’s the three part “Miller” test. )
The Commission received a complaint concerning a commercial for the Golden Phoenix Hotel and Casino, located in Reno, Nevada, broadcast on February 19, 2005 by Sierra Broadcasting Company (“Sierra”), licensee of Station KRNV(TV), Reno, Nevada. The advertisement features a hotel show entitled “Perfect 10.” It begins with ten women in casino show-style costumes suddenly jumping onto the bed of a fully clothed man who has been reading “Perfect 10” magazine, then features excerpts of singing and dancing from the show mixed with graphics, and ends with a brief view of the man alone on the bed with his partially bare upper torso and face covered by lipstick kisses. The voice-over describes the concept and content of the show and its male star (who is not the man in bed) and identifies the hotel. The complainant describes the bed scenes as “a mostly naked man laying in bed with . . . almost completely naked women exposing their breasts and other body parts [and] acting in a truly obscene and sexual manner.” The complainant alleges that the commercial is obscene and briefly enumerates the criteria for that finding.
Indecency Analysis. …Turning to the first principal factor in our contextual analysis, we find that the material at issue is neither explicit nor graphic. In the first bed scene, the man is shown fully clothed on top of the bed, and the women’s costumes, though sexually suggestive, do not actually display their sexual organs. Likewise, the women put their arms around the man in a manner that is suggestive rather than explicit or graphic. The second bed scene merely shows the man alone from the waist up, with his shirt unbuttoned and lipstick marks on his face, without depicting sexual activity or organs.
Yes, the complainant apparently saw a very different commercial than you or I did.
How about a *seriously* hawkeyed 9-year old?
“The Amazing Race 6” is a CBS Television Network (“CBS”) program in which two-person teams race around the world for a cash prize. The Commission received a complaint regarding the December 21, 2004 broadcast of the program by CBS affiliate Station KYW-TV, Philadelphia, Pennsylvania, licensed to CBS Broadcasting, Inc. According to the complaint, “[m]idway through that episode, my nine-year-old daughter asked me what was written on the side of a bus that the contestants were embarking upon. She stated that she thought that was a bad word that she was not supposed to say. Sure enough, the words ‘FU** COPS’ was [sic] visible on the side of the bus near the door where the contestants are getting on the bus.”
Indecency Analysis Looking at the three principal factors that comprise our contextual analysis, we note first that, although the “F-Word” is depicted in the program, the image is not graphic or explicit. The graffiti is small, out of focus, and difficult to read. Unless one is looking directly at or for the words, the average viewer would not even notice the graffiti. Second, while not dispositive, it is relevant that the material is not repeated or dwelled upon. Indeed, the image is displayed only momentarily. Finally, the shot of the graffiti is not shocking, pandering, or titillating because it is barely visible. Indeed, the average viewer would not have noticed the graffiti. Since each of the three factors examined above weighs against a finding of patent offensiveness, we conclude that the material is not patently offensive and therefore not indecent.
And here’s someone who was certainly busy with that pencil…but apparently too busy to write down the date on their complaint.
an undated complaint against Viacom International, Inc., licensee of Station WTOG(TV), St. Petersburg, Florida, for its alleged October 25, 2004 broadcast of the “Girlfriends” program, in which the word “ass” was allegedly aired during the 9:00 to 9:30 p.m. time period.244 The complainant believes that the material was “offensive.”
an undated complaint against Viacom International, Inc., licensee of Station WTOG(TV), St. Petersburg, Florida, for its alleged December 1, 2004 broadcast of the “America’s Next Top Model” program in which the words “ass” and “bitch” were allegedly aired during the 8:00 to 9:00 p.m. time period.247 The complainant believes that the material was “profane.”
an undated complaint against Viacom International, Inc., licensee of Station WTOG(TV), St. Petersburg, Florida, for its alleged December 21, 2004 broadcast of the “Family Matters” program in which the word “hell” was allegedly aired during the 10:30 and 11:00 a.m. time period.248 The complainant believes that the material was both “obscene” and “profane.”
an undated complaint against Viacom International, Inc., licensee of Station WTOG(TV), St. Petersburg, Florida, for its alleged broadcast of the “Cuts” program on February 28, 2005 during which the words “ass” and “damn” were allegedly aired during the 8:30 to 9:00 p.m. time period.249 The complainant believes that the material was “inappropriate.”
And finally…The Winners! – they all three *suck*, and I hope the complainants burn the pads of the fingers of their dominant hand at least once a year for the remainder of their miserable lives for wasting my tax dollars this way.
Second Runner Up!
The Commission received several complaints against the ABC Television Network’s broadcast of “The Academy Awards” program, alleging that show host Chris Rock uttered vulgar and offensive comments including “sit their asses down,” and the statement that the “Superman” film “sucked.” One complainant further alleges that the program featured a video montage in which a male actor was “naked from the waist up, standing in the background, [while a female actor] was apparently eating a sausage or other item, but it appeared to be superimposed and gave the appearance of her performing oral sex on the man.” The segments in question were all broadcast during the evening of February 27, 2005 before 10 p.m. Eastern Standard Time.
Err….shades of Austin Powers, anyone? Oh, *look!*
Moreover, we find that the program’s video montage, which allegedly “gave the appearance of” a depiction of oral sex, is not actionably indecent. In a recent case, the Commission denied substantially similar complaints directed against the broadcast of segments from the film “Austin Powers: The Spy Who Shagged Me.”
Imagine that…
First Runner Up!
“The Simpsons” is an animated comedy series featuring a number of regular characters, including the elderly Mr. Burns and his assistant Smithers. The complained-of episode, entitled “Hunka Hunka Burns In Love,” deals with Mr. Burns’s romantic ineptitude. The scene in question shows Mr. Burns leading Smithers into a club with a “Girls Girls Girls” sign and saying, “Maybe there are some girls in here.” In the club, female cartoon characters dance around poles clothed in two-piece or one-piece lingerie or underwear. Mr. Burns reacts by saying, “Great Heavens! This is one of those nude female fire stations! Oh, I’d always be second place to some kitten stuck in a tree. Let’s go, Smithers.” Smithers is momentarily depicted as crouching and whimpering in embarrassment as he is cornered by two dancers. Although the complaint states that the scene depicts physical contact between Smithers and a female cartoon dancer’s buttocks, we were unable to confirm this statement based on our viewing of the tape.
THE WIENER!!!!!
The Commission received a complaint about the January 11, 2005 broadcast of “The Today Show” between 6 a.m. and 10 p.m. Eastern Standard Time. That program contained a segment showing scenes of the devastating floods and mudslides that had occurred in California and of various rescue efforts. In one scene, viewers see an attempt to pull a man wearing only a shirt from raging water onto the safety of a highway overpass. As the man is hauled from water level to the boat, his penis is briefly exposed. At the end of the scene, the rescuers lose their grip on the man, and he goes crashing back into the water, narrowly missing a pillar of the overpass as he falls.
Unbelievable.