Senator Pushes Jail Time for Broadcast Indecency

SAN FRANCISCO — The chairman of the House Judiciary Committee told a group of cable executives this week that he thinks broadcasters who violate indecency regulations should be locked up.

Speaking at the National Cable and Telecommunications Association Conference, Rep. F. James Sensenbrenner III, R-Wis., said the current system of fines is not doing enough to curb violations.

“I’d prefer using the criminal process rather than the regulatory process,” Sensenbrenner said. “People who are in flagrant disregard should face a criminal process rather than a regulatory process.”

Sensenbrenner offered no specifics on how he would go about criminalizing violations of indecency statutes.

Under the current system, the Federal Communications Commission notifies the accused offender, who is given a specific period of time to respond to the complaint. If the offender does not or cannot provide evidence to contradict the complaint, the FCC then issues a fine.

As reported by XBiz earlier this year, the House of Representatives approved legislation to dramatically raise fines for broadcast indecency to a whooping $500,000 per violation and revoke a station’s license after three violations.

While broadcasters are forbidden to air obscene speech, which is not protected by the First Amendment, the FCC does allow indecent speech to be broadcast between 10 p.m. and 6 a.m., when children are not likely to be watching or listening.

The FCC defines indecency as material that depicts “sexual or excretory organs or activities” or that is “patently offensive as measured by contemporary community standards,” but broadcasters and free speech proponents argue that definition is vague and provides no clear guidelines to differentiate between obscenity and indecency.

“The reason we have a serious objection [to criminal penalties for indecency] is that there’s no clear definition of what constitutes indecency,” Marv Johnson, legal council for the ACLU, told XBiz.

Johnson also pointed out that current U.S. code 1464 already allows for criminal penalties for broadcasting indecent speech, but the law has not been enforced because no one seems to be able to pin down a rock solid definition of indecency.

Last year, the FCC released industry guidelines in an attempt to clear up vagaries of the law, but Johnson told XBiz that regulators continued to make contradictory rulings, including shifting positions on whether “Saving Private Ryan” should be allowed to be shown in prime time.

Since no one is quite sure what’s allowed and what’s prohibited, “you get to guess whether you’re going to jail,” Johnson said.

Newly appointed FCC Chairman Kevin Martin also weighed in on the issue at the cable and telecomm show, saying the cable industry has an obligation to take steps to cut back on what he considers rampant indecency.

Cable and satellite companies are currently sheltered from broadcast regulatory statutes, but with paid-programming providers now reaching 85 percent of U.S. homes, there is a growing movement in Congress to bring them into the regulatory mix.

Last Month, XBiz reported that Sen. Ted Stevens, R-Alaska, expressed his desire to regulate indecency on pay TV services, citing that cable TV reaches more viewers than the broadcast networks and that cable is a “greater violator in the indecency arena.”

Copyright © 2026 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

Jesse Pony, Alexa Chains Headline Latest 'Hookup Hotshot: Internet Sex Addicts'

Jesse Pony and Alexa Chains topline the 13th volume of director Ryan Gozzling's "Hookup Hotshot: Internet Sex Addicts" for Evil Angel.

Codi Vore, Lani Rivers Star in Latest From Brazzers

Codi Vore and Lani Rivers star with Van Wylde in the latest release from Brazzers, titled "The Bar With the Best Rep."

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Ravyn Alexa, Lexi Lore Star in Latest 'Lez Be Bad'

Ravyn Alexa and Lexi Lore star in the latest installment of the Adult Time series "Lez Be Bad," titled "After Hours Mess."

Director/Performer Mark Anthony Passes Away at 56

Veteran performer and director Mark Anthony has reportedly passed away at the age of 56.

Lola Morango Makes Her Immoral Debut

Lola Morango has made her debut for Immoral Productions alongside Terry Banks, Matt Bird, and studio honcho "Porno Dan" Leal.

Leilani Li. Cali Sweets Star in Latest From TransAngels

Leilani Li and Cali Sweets star in the latest release from TransAngels, titled "Sorry I Fucked Your Sister."

Bellesa Plus Reveals Upcoming Reality Series Is Titled 'King or Cuck'

Bellesa Plus has revealed the title of its upcoming fan-competition reality series, "King or Cuck."

Leah Hayes, Elizabeth Skylar Front Latest Release From Transfixed

Leah Hayes and Elizabeth Skylar star with Sage Roux in the latest installment of the Transfixed series "Devil's Tgirls."

Sophia Sterling Toplines Latest 'Creampie Cuties' From Doghouse Digital

Sophia Sterling headlines the 12th volume of "Creampie Cuties," from Mile High Media studio imprint Doghouse Digital.Directed by Mike Quasar, the title also features Lana Smalls, Emma Rosie, and Ava Amira.

Show More