FULL COMMISSION DENIES COMPLAINTS AGAINST FOX AND UPN SHOWS
The full FCC ruled Mon. Will & Grace and Buffy the Vampire Slayer episodes that contained sexual material didn’t violate the Commission’s decency rules. The programs aired at times children would likely be watching.
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The full Commission rather than the Enforcement Bureau denied complaints filed by the Parents TV Council (PTC), Americans for Decency and others that claimed the shows violated FCC rules. In the past, the Bureau would have most likely issued the opinion and order, but the Commissioners have said they want to be more involved in any issues dealing with indecency complaints, an FCC source said. The Commissioners also want to decide these cases to give guidance to the Bureau on the FCC’s new decency rules, another FCC source said. More denials are expected to come before the Commissioners, including involving another Will & Grace episode and episodes on CSI and Cold Case, the source said.
The FCC received complaints that KSAZ (Ch. 10, Fox) Phoenix, aired a Will & Grace program March 31, 2003, that included a scene in which a female photographer kisses a woman author and then performs what she calls a “dry hump.” The show ranked 9th on PTC’s worst list this year. The Americans for Decency and others alleged the material to be patently offensive. But the FCC said it wasn’t graphically sexual enough to be punished. “Both characters are fully clothed, and there is no evidence that the activity depicted was dwelled upon, or was used to pander [to], titillate or shock the audience,” the FCC said.
“There is a level of uncertainty of what is considered indecent,” said Media Access Project Pres. Andrew Schwartzman. Since the FCC’s ruling on Bono’s utterance of “fucking” on the 2003 Golden Globes on NBC, broadcasters and complainants have struggled to define what’s considered indecent and profane, Schwartzman said. The number of indecency rulings -- both to fine and to deny complaints about programs -- has increased because organizations such as the PTC have gotten better at organizing members to file grievances with the Commission, Schwartzman said. PTC couldn’t be reached for comment.
In the case of Buffy the Vampire Slayer, WDCA (Ch. 20, UPN) Washington, D.C., aired an episode Nov. 20, 2001, that included a scene where characters Buffy and Spike straddle each other and kiss after a fight.
Again, the FCC noted that the material contained no nudity and didn’t dwell on the content. The FCC also said “the full context in which the material appeared is critically important.” The FCC weighed the graphic nature of the content, repetitiveness, and whether the material is used to shock the audience. “In examining these 3 factors, we must weigh and balance them to determine whether the broadcast material is patently offensive because each indecency case presents its own particular mix of these, and possibly, other factors.”