No Indecency From Congress?

WASHINGTON -- The last year-and-a-half has seen a lot of talk about indecency laws, ever since Janet Jackson's nipple graced viewers' screens at a Super Bowl halftime show. Although the House of Representatives was quick to raise indecency fines last year, the Senate remains stalled on similar measures.

Responses to the proposed laws by activists on the left have compared the period to one of Orwellian proportions, while activists on the right are more than a little dismayed at what they see as a lack of progress.

Despite strong political support from both major parties, only the House has made a move, clearing legislation that raised maximum fines for indecency from $32,500 to $500,000 in 2004. Soon after the bill passed, the FCC hammered shock jock Howard Stern, along with broadcasting giant Clear Channel Communications, with a $495,000 fine for indecent material broadcasts.

An edited version of the House bill remains stalled in a Senate Commerce Committee. The Committee's chairman, Sen. Ted Stevens, R-Alaska, has given no explanation for the hold up, although he has made it clear in the past that he strongly supports stricter indecency rules.

Internet companies have been lucky when it comes to avoiding indecency laws. The first bill to really focus on the vast ocean of data that is the Web was the Communications Decency Act (CDA), which attempted to expand portions of broadcast-related laws to cover the Internet.

Passed in 1996, the CDA essentially tried to hold people responsible for intentionally transmitting "patently offensive sexual or excretory activities or organs" to minors. The CDA was quickly stripped of weight by judges on free speech grounds and was declared largely unconstitutional by the Supreme Court in 2002. The Child Online Protection Act (COPA), often described as a slimmed-down version of the CDA, met a similar fate.

Whether the Internet will weather the latest indecency storm is unclear. In July the FCC hired anti-pornography activist Penny Nance to advise the Commission in strategic planning. Though Nance will work primarily on broadcast and cable-related social issues, the founder of the Kids First Coalition has been a long-time proponent of stricter legislation for online material.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Wicked Premieres 1st Installment of Seth Gamble's Erotic Drama 'Love/Hate'

Wicked Pictures has released the debut installment of multi-XMAs award winner Seth Gamble's latest series, "Love/Hate."

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Aleksa Mink Fronts Latest From Reality Kings

Aleksa Mink stars with Dick Dealer Don in the latest release from Reality Kings.

Angie Lynx Toplines Angelo Godshack's 'Hardcore Gangbangs 6'

Angie Lynx headlines the sixth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Flirt4Free Co-Founder Gregory Clayman Passes Away

Gregory Clayman, a pioneering figure in the live cam sector and cofounder of the long-running webcam platform Flirt4Free, has passed away.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

ASACP Announces F2F as 1st Gold Sponsor

The Association of Sites Advocating Child Protection (ASACP) has announced Friends2Follow (F2F) has upgraded its sponsorship and become the organization’s first Gold Sponsor.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Segpay Adds 'Pay by Bank (UK)' Payment Solution

Segpay has added the Pay by Bank (UK) option to its direct payments solutions.

Show More