The Federal Communications Commission (FCC) thought long and hard about whether Charlotte Ross's buttocks were both shocking and titillating. Five years later, they've decided they were indeed, and are fining 52 ABC stations $1.4 million.
Or $27,500 per Central and Mountain time zone station that presented Ms. Ross's derriere before 10 PM.
In case you missed the February 25, 2003 pre-Nipplegate episode on its first run, the news of the FCC's indecency fine has spurred millions to check it out on YouTube. If YouTube deletes it for fear of copyright infringement, likely it'll pop up again from other users.
If not, the Parents Television Council, who made the initial complaint and who hates any type of raunchiness on TV, has a
The 16-page proposal is a must read for entertainment buffs, as the FCC fends off ABC's argument that views of Ross's nude body from the back and side were not "lewd, prurient, pandering, or titillating." But the FCC declared that not only was the scene "shocking and titillating," but also that the camera lingered on her buttocks and returned to them. (And if you're quick and extra-pervy, you can almost see her whats-it.) The argument follows then, that if ABC had only shown her buttocks once and went on, then they'd be in the clear.
That the little boy's ears where aptly placed in the full frontal shot didn't seem to help ABC's cause either. In a statement, FCC Commissioner Deborah Tate said, " Our action today should serve as a reminder to all broadcasters that Congress and American families continue to be concerned about protecting children from harmful material and that the FCC will enforce the laws of the land vigilantly. In fact, pursuant to the Broadcast Decency Act of 2005, Congress increased the maximum authorized fines ten-fold. The law is simple. If a broadcaster makes the decision to show indecent programming, it must air between the hours of 10 p.m. and 6 a.m. This is neither difficult to understand nor burdensome to implement."
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