February 3, 2004

 

 

VIA FACSIMILE (1-866-418-0232)

AND CERTIFIED MAIL RETURN RECEIPT REQUESTED (#7003 0500 0001 5068 4823)

 

Mr. Michael Powell, Chairman

Federal Communications Commission

445 12th Street, S.W.

Washington, D.C.  20554

           

Re:      COMPLAINT ON INDECENCY DURING SUPER BOWL BROADCAST

                       

Dear Mr. Powell:

 

            Judicial Watch, Inc., on behalf of its supporters and all concerned Americans, hereby presents a formal complaint against CBS Broadcasting, Inc. (“CBS”), MTV Networks (“MTV”), Viacom, Inc., all local TV stations which broadcast the Super Bowl Halftime, Janet Jackson, Justin Timberlake, “P. Diddy”, “Nelly”, and “Kid Rock”, including each of their agents and/or affiliates who, acting individually and/or in concert with one another for purposes of furthering a joint enterprise, caused indecent material and/or “drug lyrics” to be broadcast into millions of American homes during the “Super Bowl Halftime Show” on February 1, 2004.

 

            The above-described offenders, in violation of public trust, engaged in a willful display of indecent behavior, broadcast live into millions of American homes, and watched by unsuspecting parents and their children.

 

            The broadcast material depicted sexual activity that was potentially offensive as measured by contemporary community standards for television broadcasting.  See Indecency Policy Statement, 16 FCC Rcd 7999 (2001).  And the standard for decency must be judged in the context of the broadcast event, while recognizing the age and sensitivities of the target audience.  Without question, the indecent acts displayed during the Halftime Show are violative of community standards for family programming.  As such, the above-described offenders are jointly and severally liable for violations of federal criminal law, as well as FCC Regulations.  18 U.S.C. §1464; 47 C.F.R. §§73.3999 and 73.4165. 

 

            Further, the offending broadcast contained “drug lyrics” in violation of 47 C.F.R. §73.4095; See also In the Matter of Licensee Responsibility to Review Records Before Their Broadcast, 31 FCC 2d 379 (1971)(requiring that, in the public interest, broadcast licensees ascertain, before broadcast, the words or lyrics of recorded musical selections played on their stations).  The broadcaster’s duty to review is justifiable to protect the public interest and nothing less should be expected from a public trustee to whom the frequency has been licensed.  Id.  The subjects of this complaint have failed their respective duties.

 

            The American public deserves full compliance with broadcast standards of decency over the public airwaves.  The activity complained of herein presents the Commission with the opportunity to reset the bar and demand that broadcast television return to a standard of family values and public trust.

 

            We urge you to enforce federal law to its fullest extent in this matter.  American families, and especially our children, deserve nothing less.  Moreover, broadcasts of this nature tarnish America’s image in the global community with respect to the integrity of our great nation.  Return us to the days when the Super Bowl was more about national pride and family entertainment --- than exhibitionist behavior and sex for profit.

 

 

 

Very truly yours,

 

JUDICIAL WATCH, INC.

                       

                                                                                    Thomas Fitton, President

                                                                                    501 School Street, S.W., Suite 725

                                                                                    Washington, D.C.  20024

                                                                                    Telephone:  (202) 646-5172

                                                                                    Facsimile:  (202) 646-5199

 

                       

                                                                                    _________________________

                                                                                    by Russell J. Verney, Director

                                                                                    Southwestern Region

 

TF/rdd