Regulation

Okay, Jeff Jarvis just won me over. His FOIA request for the complaints that led to a record fine against Fox for a program that featured the suggestion of sex as opposed to actual sex revealed that a mere 3 people actually complained.

I believe that the Federal government has not only a right but in fact an outright obligation to regulate broadcast networks for indecent content. However, it's becoming increasingly clear that the FCC is acting in a reactive manner following the Janet Jackson Lingerie Bowl fiasco.

Markets require regulation in order to function, and in fact, open and free markets require a disproportional level of regulation to remain free and open. However, the FCC is not engaging in the appropriate level of implementation with regard to standards. Perhaps a few warning shots over the bow is not a bad thing in the long run, but it's time to re-evaluate the FCC's approach to indecency and come up with a better system that can't be gamed in the manner that it has been.

Update: The ABC Monday Night Football dustup is a prime example of network behavior that is not helping this issue. ABC decided that the intro segment was "inappropriate" only after it aired and a number of people complained, including the NFL. Why didn't someone from ABC look at the segment before it aired and decide it was inappropriate, or was it only after the complaints rolled in that it was decided to be inappropriate? This is exactly why I'm not suggesting the FCC is outside of it's mandate to regulate content for indecent material, just that we need a better system that is transparent and subject to scrutiny. We've got a big problem in our country with television not being a reflection of culture, but in fact a driver of culture and anyone who doesn't see this might as well go stand in line with the tobacco executive who for years denied that cigarettes are a health hazard.

Comments

[Jack Phelps]

Jeff,

The most recent issue of Reason magazine (the major Liberetarian rag) has a fantastic interview with Michael Powell. The man scapegoats his duties a bit onto congress, and you don't get to hear anything about exactly how many complaints it takes to set him off, but it's still very interesting. Not sure if it's available on the web or not.

[jeff]

I think I may have read that interview, he's done a couple over the last few months.

I find that I'm fluctuate between thinking that Powell is a weak chairman, and also think that the FCC as a regulatory agency does operate under the weight of Congress.

Personally, I think it's time to revamp the agency and consider making it a Cabinet level agency. The telecommunications market is not fully open and fair, yet it's a strategic market for our nations global competitiveness. Cable networks are increasing their reach into American homes, and becoming a lot more than content distributors (e.g. VoIP), yet still operate as sanctioned monopolies.