Senate votes 99-1 to increase indecency fines

By Tom Strode - Jun 15, 2004

The Senate voted nearly unanimously June 22 to increase fines dramatically for broadcast indecency.

The Senate voted 99-1 in favor of a proposal to increase ten-fold the maximum penalty the Federal Communications Commission may issue for a decency violation on television and radio. The measure would increase the maximum fine from $27,500 to $275,000 when the FCC determines a broadcaster is guilty of “obscene, indecent or profane language.” The legislation also would set a limit of $3 million for a single violation that continues or produces multiple complaints.

Sen. Sam Brownback, R.-Kan., proposed the Senate measure, known as the Broadcast Decency Enforcement Act, as an amendment to the Department of Defense authorization bill, S. 2400. Brownback requested a roll-call vote on the amendment, S.A. 3464, and only Sen. John Breaux, D.-La., voted against it.

“I applaud Senator Brownback for holding the senators’ feet to the fire and obligating them to stand up and be counted in a roll-call vote on this issue,” ERLC President Richard Land said. “There’s no question where the vast majority of Americans are on this issue, and I’m glad to see the senators for once accurately representing their constituencies. It’s interesting—the one senator who did not vote for it is not seeking re-election. It’s a wonderful thing to see how election cycles focus politicians’ attention.”

In March, the House of Representatives voted 391-22 for a stand-alone bill, also titled the Broadcast Decency Enforcement Act, H.R. 3717. That measure differs from the Senate version. The House proposal would increase the maximum FCC fine to $500,000. The measure also would call for FCC license revocation proceedings after three violations by a radio or television station.

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