Monday, November 15, 2004

 

$1.2 Million FCC "indecency" fine based on 3 letters of complaint

Jeff Jarvis writes
With not much original reporting, I discovered that the latest big fine by the FCC against a TV network -- a record $1.2 million against Fox for its "sexually suggestive" Married by America -- was brought about by a mere three people who actually composed letters of complaint. Yes, just three people.

I filed a Freedom of Information Act request on Oct. 12 asking to see all of the 159 complaints the FCC cited in its complaint against Fox.

I just received the FCC's reply with a copy of all the complaints -- and a letter explaining that, well, there weren't 159 after all. William H. Davenport, chief of the FCC's Investigations and Hearings Divison, admits in his letter that because the complaints were sent to multiple individuals at the FCC, it turns out there actually were only 90 complaints. It gets better: The FCC confesses that they come from only 23 individuals.

It is shocking enough that what tens of millions of us are permitted to see by our government can be determined by 159 ... or 90 ... or 23.

But it gets even better: I examined the complaints and found that all but two of them were virtually identical. . . . So in the end, that means that a grand total of three citizens bothered to take the time to sit down and actually write a letter of complaint to the FCC. Millions of people watched the show. Three wrote letters of complaint.

And on the basis of that, the FCC decided to bring down the heavy hammer of government censorship and fine Fox an incredible $1.2 million . . .
Who's zoomin' who?

Jarvis concludes with a handy guide for citizens and citizen-journalists who wish to file FCC Freedom of Information requests. Great work, Jeff. Way ahead of the Times and the Post.

"Constitutionally abhorrent . . . The FCC should be ashamed of itself," Jarvis writes. He understates the case.

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