Senate Closer to Indecency Bill

WASHINGTON, D.C. -- The U.S. Senate Commerce Committee plans to finish work on a broadcast indecency bill on Tuesday and send it to the Senate floor, where it is expected to pass overwhelmingly.

The bill, authored by Sen. Sam Brownback, R-Kansas, is similar to one introduced in the House that increased the maximum fine for indecency to $275,000 from $27,500.

But the House on Wednesday substantially strengthened its bill by increasing the maximum fine to $500,000 and including a “three strikes” license revocation provision.

Senators are likely to toughen the Brownback bill but may strike a compromise between the original legislation and the new House bill, sponsored by Rep. Fred Upton, R-Mich.

The full House will vote sometime later this week.

In related news, the FCC said it won’t reconsider a fine levied in December against a Michigan FM radio station owned by Infinity Broadcasting, a division of Viacom Inc.

Friday’s decision is small, but the ruling’s inference is big.

It indicates that the regulatory agency would consider each utterance in a broadcast as a violation of the FCC indecency guidelines.

The amount would increase dramatically if Upton’s bill is passed that would allow the FCC to impose a maximum fine of $500,000 per violation, with no overall maximum.

The FCC fines stations, not individuals, for violations of its standards. Under the guidelines, “indecent” material generally refers to broadcasts containing sexual or excretory references that are aired between 6 a.m. and 10 p.m.

The FCC also said it would weigh whether to initiate license revocation hearings for similar violations.

Viacom in the appeal had questioned the move toward considering license revocation proceedings. It also questioned the FCC’s decision to impose the maximum fine on the matter.

The FCC fined WKRK-FM in Detroit for a half-hour “Deminski and Doyle” show. The 4:30 p.m. broadcast included nine callers who discussed their sexual activities in detail.

Infinity didn’t deny that the material met established definitions for indecency but raised First Amendment questions.

While the agency’s decision to uphold the $27,500 fine against WKRK was unanimous, FCC Commissioner Michael Copps said the fine is “insufficient and not even a slap on the wrist for airing what can only be described as a vulgar and disgusting broadcast.”

FCC Commissioner Kevin Martin said there were several that would have justified a total fine of $200,000.

FCC Commissioner Jonathan Adelstein said he was “disappointed that the licensee in this case continues to challenge this sanction rather than accept responsibility for such an extreme violation of our rules.”

Rulings by the FCC can be appealed to the U.S. Court of Appeals.

The FCC’s decision comes a week Clear Channel Communications Inc agreed to pay a $775,000 fine for airing programs by a Florida disc jockey called “Bubba the Love Sponge.”

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

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Show More