FCC Ruling: Steamy MNF Skit -- While 'Titillating' -- Falls Short of Indecency
by Jody Brown and Rusty Pugh
March 17, 2005
(AgapePress) - A spokesman for the American Family Association says he's not surprised that the federal agency charged with enforcing decency standards on television found nothing wrong with a sexually provocative pre-game skit aired prior to a broadcast of ABC's Monday Night Football last fall.The infamous episode, featuring NFL player Terrell Owens and actress Nicollette Sheridan of Desperate Housewives -- clad only in a towel -- has drawn fire from pro-family groups because it aired just before a Monday night football game, when many young children were watching. In the scene, which aired on November 15, 2004, Sheridan drops the towel, exposing her bare back to the viewers, and then jumps into Owens' arms. (See related story)
Earlier this week, the Federal Communications Commission (FCC) dismissed complaints about the skit, declaring that a towel-clad woman suggesting to a football player that they have sex in the locker room did not meet all the criteria for indecency.
"We conclude that material in question is not patently offensive, and thus, not indecent," the FCC says in its Memorandum Opinion and Order. "[The Owens-Sheridan] segment, although sexually suggestive, is not graphic or explicit. Although the scene apparently is intended to be titillating, it simply is not graphic or explicit enough to be indecent under our standard."
Randy Sharp | |
Randy Sharp, director of special projects for the American Family Association, says this is yet another example of the FCC's non-enforcement."We didn't believe that the FCC would find this indecent -- although it was highly offensive -- because of the definition that the federal government has to follow," Sharp explains. "So we're disappointed, but we're not surprised at the decision."
Sharp adds that one needs look no further than prime-time TV any night of the week to see many examples of the agency's lackadaisical approach to doing its job.
FCC Commissioner Michael Copps, who regularly comes to the defense of families in these matters, issued a separate statement about the decision. He took the opportunity to remind broadcasters of the responsibility they have during the "family hour."
"[The skit] does raise the issue of broadcasters acting responsibly when deciding what to air during the hours when children are likely to be in the audience," Copps writes. "At a time when recent surveys show that a substantial majority of parents are very concerned that children are being exposed to too much inappropriate content, I would hope that television broadcasters would go the extra mile in exercising self-discipline when airing or promoting programming that may not be appropriate for younger viewers."
It is obvious Copps saw no effort toward that end in this case. "There wasn't much self-discipline in this particular promotion," he concludes. "As stewards of the public airwaves, broadcasters can and should do better."
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Kevin Martin |
A Change for the Better?
Perhaps Sharp and other family advocates will see the pending change in FCC leadership result in stricter enforcement of broadcast indecency regulations. On Wednesday (March 16) President George W. Bush appointed FCC Commissioner Kevin Martin to replace the outgoing Michael Powell as the agency's chairman.Martin, who was appointed to the Commission in 2001, has a "consistent and strong track record of decency enforcement," says Concerned Women for America's Jan LaRue. "He has been a champion of cleaning up the filth in broadcasting, and being chairman will only further posture him to do just that." LaRue adds that that is why CWA has backed Martin as Powell's replacement.
AFA's Randy Sharp also applauds Martin's move up the ladder at the FCC. He describes Martin as a "family-friendly advocate" who has "historically sided with parents on issues of indecent programming."
"We look forward to the day when parents finally reclaim ownership of the public airwaves from the networks -- and [the appointment of Kevin Martin] is the first step in the right direction," Sharp says, adding that he is hopeful that with Martin at the helm, "politics and network lobbying will ... have less influence on what broadcasters can get away with on the public airwaves."
The New York Times also notes Martin's past criticism that the FCC has not been aggressive enough in enforcing rules against broadcast indecency. But that report also attributes Martin's promotion partly to his political connections. The FCC chairman-designate served on the Bush-Cheney transition team following the 2000 election, during which he was deputy general counsel for the presidential campaign. And just prior to joining the FCC in the Spring of 2001, Martin was a special assistant to the president for economic policy.
In addition, according to the Times, there may have been another consideration. Because Martin was already a Commission member, states the report, his appointment does not require confirmation by the Senate.
