Public Policy and Advertising
Marvin Tanner
Vice President
Silicon Networks Corporation 

Emotional products are more prone to be an objectionable advertisement and subject to scrutiny.   Condoms, sexual products, tobacco, religion, and lingerie are products considered too controversial for broadcast television.According to Federal Communications Commission, Commissioner Michael J. Copps (2001), “Congress long ago enacted statutes prohibiting the broadcast of indecent programming when children are likely to be watching, and gave the job of enforcing these laws to the Federal Communications Commission. These laws – which have been upheld by the courts – are designed to protect our youngest citizens from programming which may be inappropriate for them. The Commission has instituted rules to carry out the statute. Now it has the obligation to follow-up on the complaints it has received.”

Commissioner Copps continues with “I would hope that television broadcasters would go the extra mile in exercising self-discipline when airing programming during the hours when children are likely to be in the audience.”

Commissioner Copps policy on directing the Federal Communications Commission to investigate every decency complaint filed by a citizen of the body politic, provides a level of censorship on mass media to protect young viewers.

Public policy was extended in the area of censorship with the Communications Decency Act of 1996.  Section 502 is tilted:  “OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER THE COMMUNICATIONS ACT OF 1934.”  Section 502 specially states:

"(A) by means of a telecommunications device knowingly-

 "(i) makes, creates, or solicits, and

 "(ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person;”

The 1999 Victoria’s Secret fashion show was moved from broadcast television to the Internet.  Enforcement of the FCC policy is indirect through speeches by Commissioner Coops to broadcasters to reduce complaints by the viewing public.  It is clear that the commission places burden of proof on broadcasters and not the public.

According to the Museum of Broadcast Communications, the landscape of broadcast has changed the American electoral experience.  “Televised political advertising is now the major form of communication between candidates and voters in the American electoral system.”

 There has been some concerns about Senate Bill 193 signed into law by President George W. Bush (2005), “A bill to increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane language.”   At some point condoms could be considered obscene, indecent, and profane objects.

President Richard Nixon, in 1973, transferred responsibility from nationwide networks to local stations.  According to the Congressional Record, May 7, 1973, “Clay Whitehead says we need more localism.”  Clay Whitehead was catalyst behind the localization of public television, director White House Office of Telecommunications.  The Whitehouse doctrine became local stations held accountable for content, instead of networks.  Under the Whitehead Doctrine,  local stations were held accountable for content, and Victoria’s Secret comes under the Whitehead Doctrine.

When applying for renewal of local broadcasters license, the application of the Whitehouse doctrine allows for the public to register complaints about broadcast content.  This fear was the catalyst for migrating the Victoria’s Secret fashion show from the ABC network to the Internet in 1999.   Certainly, condoms could be considered obscene, indecent, profane objects and  broadcasters displaying such advertisements will be held accountable when renewing licenses.

References

Congressional Record, Senate (May 7, 1973).  Retrieved October 26, 2008, from http://www.congress.org/congressorg/bill.xc?billnum=S.193&congress=109

Statement of Commissioner Michael J. Copps on Complaints Received Regarding Broadcast of Victoria’s Secret Fashion Show

(November 19, 2001).  Retrieved October 26, 2008, from

http://www.fcc.gov/Speeches/Copps/Statements/2001/stmjc128.html

Museum of Broadcast Communications (2008).  Political Processes and Television, Retrieved October 26, 2008 from http://www.museum.tv/archives/etv/P/htmlP/politicalpro/politicalpro.htm