This is not going to be an all-out vlog, because bar review calls, but let’s take a look at another FCC ruling concerning broadcast indecency. In particular, In re: WBDC Broadcasting, Inc. This ruling concerns the episode of Angel broadcast on Nov. 19, 2003.
The complaint singles out two scenes:
Spike is on top of Harmony, their clothes are on, but his body rocks back and forth and their breathing is heavy. She tries to speak, but he tells her not to spoil the moment — her eyes start to bleed, and suddenly she turns to her vampire self and bites his neck
Spike walks in on Angel and Drusilla. He doesn’t see it Dru at first — only Angel’s hips moving back and forth.
The Commission rules that these two scenes are not “patently offensive,” because the cited material is not sufficiently graphic or explicit. Neither scene contains any nudity. The scenes are merely metaphor.
The three main factors that the Commission uses to evaluate indecency are:
- the explicitness or graphic nature of the description or depiction of sexual or excretory organs or activities;
- whether the material dwells on or repeats at length descriptions of sexual or excretory organs or activities;
- whether the material appears to pander or is used to titillate, or whether the material appears to have been presented for its shock value.
Both the Angel ruling and the Arrested Development ruling discussed in the previous vlog go to the explicitness factor and follow the general rule that mere insinuation is not indecency. The mere suggestion of sexual acts or indecent language are insufficient to constitute indecency. See the Industry Guidance On the Commission’s Case Law Interpreting 18 U.S.C. § 1464 and Enforcement Policies Regarding Broadcast Indecency.
More of these video entries and vlogs will follow when I get video of the television programs which were the subject of indecency rulings.
Note that these videos were taken from the episode as broadcast in syndication. The original broadcast was in letterboxed widescreen format.
