Stevens Seeks Voluntary Cable Decency Curbs, Aide Says
Senate Commerce Committee Chmn. Stevens (R-Alaska) wants cable to volunteer in the fight against indecency, rather than submit to legislative controls, said an aide to the panel. The comments came after talks between industry executives and Stevens in which the industry side offered to submit to some broadcast indecency rules. The matter later was tabled (CD Nov 28 p8), likely due to concerns about constitutionality. Courts probably would not affirm such rules, a Constitutional scholar said.
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“A legislative solution predicated on court [action] is not the way to go,” said the majority aide to the committee, asking not to be identified. This view is consistent with previous statements, the aide said, calling a “voluntary solution” preferred. But such a solution may not be in the offing. Officials at cable operators and NCTA, asked what more they'd be willing to do, wouldn’t name any adjustments, though officials left the door open for talks with Stevens. “We're willing to continue to talk with and work with” Stevens and FCC Chmn. Martin on indecency, said a industry official who asked not to be named. Both Martin and Stevens want less sexual content and vulgarity on TV. A draft bill circulated by the Senate Commerce Committee would boost penalties levied against broadcasters found to have shown obscene material more than 15-fold to $500,000 for each transgression. Martin wants cable to do more, such as instituting a family programming tier (CD Nov 14 p5).
Martin is set to participate in a Hill “forum on decency” 9:30 a.m.-5 p.m. Tues., with NCTA Pres. Kyle McSlarrow and 23 others who represent groups from MPAA to Parents TV Coalition and firms like Disney. Voluntary curbs are crucial; a law probably would violate the First Amendment, said George Wash. U. Prof. Jonathan Turley. “The offer of a voluntary program is designed to give some political cover to these politicians who have campaigned on these decency standards,” he said: “The other alternative is they can pass a clearly unconstitutional law and have it struck down.”
NCTA is cooperating with Stevens’ panel, officials said. “We do want to work with the committee and with the FCC,” said Rob Stoddard, NCTA senior vp-communications & public affairs. “We won’t comment publicly, either respond to or react to, any proposals that are being floated either formally or informally at this point, in part on the assumption that there will be a pretty full discussion of the issue in tomorrow’s forum.” Cable firms echoed him. “We're in lockstep with NCTA and the industry in terms of what we've recommended via NCTA on this matter,” David Andersen, Charter senior vp-communications, said. Other firms touted parental controls. “Comcast has a longstanding commitment to give parents flexibility and choice to control the content that comes into their homes,” the firm said in a statement to us. “We are communicating with our customers through numerous channels about the many tools that are available to them.”