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, 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 be considered obscene, indecent, profane objects and broadcasters
displaying such advertisements will be held accountable when renewing
licenses.