and 10 p.m., when there is a reasonable risk that children may be in the audience. Indecent and profane content are prohibited on broadcast TV and radio between 6 a.m. Profane content includes "grossly offensive" language that is considered a public nuisance.įactors in determining how FCC rules apply include the specific nature of the content, the time of day it was broadcast and the context in which the broadcast took place.īroadcasting obscene content is prohibited by law at all times of the day. ![]() Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity. For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest depict or describe sexual conduct in a "patently offensive" way and, taken as a whole, lack serious literary, artistic, political or scientific value. Obscene content does not have protection by the First Amendment. Deciding what's obscene, indecent or profaneĮach type of content has a distinct definition: In other words, if you "know it when you see it" and find it objectionable, you can tell the FCC and ask us to check into it. In the Supreme Court's 1964 landmark case on obscenity and pornography, Justice Potter Stewart famously wrote: "I know it when I see it." That case still influences FCC rules today, and complaints from the public about broadcasting objectionable content drive the enforcement of those rules. That may seem clear enough, but determining what obscene, indecent and profane mean can be difficult, depending on who you talk to. ![]() Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV.
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