WASHINGTON, DC – Last Friday, legislation that would increase fines against radio and television studios received unanimous approval from the U.S. Senate. The new legislation would increase existing penalties to a maximum of $325,000 for “each violation or each day of a continuing violation,” with a cap of $3,000,000 for “any single act or failure to act.”The House of Representatives passed a bill last year that allowed the FCC to issue penalties of up to $500,000 per violation. The bill that passed last Friday (S.193) now needs to be reconciled with the House bill by way of a joint House-Senate committee before the increased fines become law.

“Parents should be able to watch television with their children without worrying about exposing them to unsuitable content,” said Republican Senator Bill Frist. “Faced with only minimal penalties, some broadcasters for too long have flouted these standards with no regard for the negative impact on impressionable children.”

According to the FCC website, “Indecent material contains sexual or excretory material that does not rise to the level of obscenity. For this reason, the courts have held that indecent material is protected by the First Amendment and cannot be banned entirely.”

The law does, however, provide for limitations being placed on the broadcast of “indecent material,” including restrictions as to what times during the day such material can be broadcast.

“The FCC has determined, with the approval of the courts, that there is a reasonable risk that children will be in the audience from 6 a.m. to 10 p.m., local time,” the FCC website states. “Therefore, the FCC prohibits station licensees from broadcasting indecent material during that period.”

According to the FCC, the Commission does not monitor television and radio programs on its own, and instead relies on consumer complaints as the basis for any action it takes.

“The First Amendment to the U.S. Constitution and Section 326 of the Communications Act prohibit the FCC from censoring broadcasters,” the FCC states on its website. “The FCC does not, therefore, monitor particular programs or particular performers, but rather enforces the prohibition on obscenity, indecency and profanity in response to complaints.”