Bush Signs Indecency Bill, Fines for Broadcasters Increase Tenfold

WASHINGTON — The firestorm that began with Janet Jackson’s infamous 2004 Super Bowl “wardrobe malfunction,” has resulted in a new law signed by President Bush Thursday that subjects broadcasters to increased FCC fines for indecent material.

Under the new law, the FCC will be able to fine broadcasters $325,000 for each indecent broadcast via TV or radio. The old fine — $32,500 — amounted to what many in Congress called a slap on the wrist for wealthy broadcasters.

"The problem we have is that the maximum penalty that the FCC can impose under current law is just $32,500 per violation," Bush said. "And for some broadcasters, this amount is meaningless. It's relatively painless for them when they violate decency standards."

Bush went on to say that the fine hike would force the broadcast industry to take its duty seriously to keep the airwaves free of obscene, profane and indecent material.

The new law does not define what qualifies as indecent material, something that has adult entertainment attorney Lawrence G. Walters worried.

“For all intents and purposes, the definition of indecency does not exist,” Walters told XBIZ. “The increased fines will create a chilling effect on otherwise protected speech. The censorship will be real, but it will be inconsistent, leaving broadcasters in the dark.”

The network at the epicenter of the controversy, CBS, recently saw more than 100 of its affiliates get hit with $3.3 million in fines for airing an episode of “Without a Trace” that depicted an orgy.

Since 2003, the FCC has ratcheted up the frequency of its fines, prompting many broadcasters to cry foul. The agency dolled out almost $8 million in fines in 2004 — up from $440,000 the previous year.

According to Walters, the jump in fines could make indecency an issue broadcasters will eventually have to challenge in court.

“This is not good for the 1st Amendment,” Walters said. “Broadcasters may want to challenge the size of the fines or even the issue of indecency.”

Praising the new law, officials at the Parents Television Council — a group that has organized letter-writing campaigns to express concern over indecency to the FCC —called the increased fines “great news for families.”

Walters sees it differently.

“It’s simply a knee-jerk reaction by politicians who feel that they must appeal to a conservative base,” Walters said. “It does nothing for the quality of content in this country.”

Copyright © 2025 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

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

TGirls.Porn Marks 10th Anniversary With New Scene

Grooby paysite TGirls.Porn is celebrating its 10th anniversary with a new threesome scene.

Chloe Amour Stars in Latest From Bellesa House

Chloe Amour stars with Blake Bullet in the latest scene from Bellesa House.

Ashby Winter Crowned Newest 'Vixen Angel'

Vixen Media Group (VMG) has named Ashby Winter as its newest Vixen Angel.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Adult Time, AgentRedGirl Debut 'Oopsie! Animated' Limited Series

Adult Time has released the first episode of "Oopsie! Animated," a limited futanari-themed series produced in collaboration with animation studio AgentRedGirl.

Vanna Bardot Headlines Jonni Darkko's 'Anal Tag Team'

Multi-XMAs winner Vanna Bardot toplines director Jonni Darkko’s “Anal Tag Team,” from Evil Angel.

Lexi Lore, Chanel Camryn Star in Latest Installment of 'Out of the Family'

Lexi Lore stars with Chanel Camryn and Victor Ray in the latest installment of Devil’s Film series “Out of the Family,” titled “Wait…That’s Not the Remote?”

Harry Sparks Wraps Production on 'Scissors 2'

Harry Sparks has announced that production has wrapped on his new erotic horror film, "Scissors 2."

Abi James Stars in Latest From New Sensations

Abi James stars with Richard Glaze in the latest release from New Sensations.

Show More