The Federal Communications Commission (FCC) has been told by the United States Court of Appeals that it may not have the right to police American television airwaves.
The FCC is the federal agency in charge of overseeing interstate telecommunications in the U.S. including television broadcasts.
The FCC, along with the Bush Adminitstration, was attempting to tighten laws on what constitutes indecent language broadcast over the public airways. Basically a clampdown on swearing on TV.
What’s this got to do with Internet TV?
The scope of the ruling did not cover or refer to Internet TV in all its various forms or platforms however; I think this is an important ruling for the TV community in general.
As OTA content is migrating on-line, content creators from established media outlets as well as Indie producers want to be free from governmental limitations on their work.
The ruling highlighted the following passage of note:
“Indecent speech is language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs. Such indecent speech is actionable when broadcast at times of the day when there is a reasonable risk that children may be in the audience.”
FCC Out of Touch with TV Technology Changes
What is clear from this statement is the current definition as measured by the FCC is wholly out of sync with changes in technology as reflected in Internet TV. Specifically, how can there be a “community” standard when content spans the globe?
For example, if a show were produced in Seattle under that community standard for OTA air but with the intent of rebroadcast or simulcast over the Internet how would this standard apply, would there have to be two different versions?
What About the Children?
In addition, how could a broadcaster or content creator even begin to address the issue of “reasonable risk” that children might be in the audience?
Certainly, there is content that is inappropriate for children however, short of parental guidance (where the responsibly should reside) there is no technology or governmental action that could protect children without a total restriction on what speech could appear on-line.
For example, YouTube is not even able to control copyright content automatically on their site, how would they control so-called offensive language?
Technology Ahead of the Law
What has become apparent from legal professionals we have spoken to at various industry conferences, be it Streaming Media East or The Virtual Worlds Conference is that as often happens, technology is way ahead of the law.
In addition to all the tech conferences, I think it wise to hold a legal summit to outline all the issues and determine future steps so that standards are not imposed on our global internet community.
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[Content in whole or part adapted from IPTVe and is licensed
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