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Op dinsdag 13 december 2005 17:52 schreef more het volgende:[..]
Nee joh. Dat is pure nonsens. er zijn net als in ons land wel bepaalde regels.
CBS heeft alleen op eigen houtje tijdens de Grammy uitzending vijf seconde vertraging "ingebracht". Maar dat was éénmalig en niet verplicht.
Men heeft de netwerken wel zodanig afgedreigd dat ze al bij voorbaat censureren. Bovendien werden ook zendstations die de show gewoon overnamen verantwoordelijk gehouden, een maatregel waarmee effectief programma's gecensureerd worden
waarbij enkel de mogelijkheid bestaat dat ze controversieel zouden kunnen zijn.
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Nevertheless, the complaints could have been fully addressed simply by increasing the time delays that allow review -- and censorship -- of live broadcasts. Indeed, that's exactly what happened on the Grammy Awards, aired the following Sunday, February 8. And of course, with the "enhanced" time delay, nothing remotely like the Jackson breast exposure occurred.
So is it time to forgive, forget -- and simply mandate the use of enhanced time delays? Not according to the FCC or Congress.
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Powell also threatened fines for all of the relevant stations -- even affiliates and local stations that no one has claimed knew anything about the stunt. He also made clear that his standard of decency was, in essence, "I know it when I see it," commenting, "I don't think you need to be a lawyer to understand the basic concepts of common decency here."
The networks listened, and so the "chilling effect" began. On February 5, NBC aired an "E.R." episode only after editing out a scene that would have shown a glimpse of an elderly patient's breast -- even as "E.R." Executive Producer John Wells complained of the "chilling effect" on "dramatic integrity."
[..]
Then, on February 11, Congress vowed to focus on "indecent" shows offered via satellite, and on cable -- where speech has traditionally been freer than on network television.
In sum, the chilling effect here seems to have been expanding. Not only has the investigation into the Jackson/Timberlake incident grown to encompass the whole Super Bowl half-time show, but cable programming is under scrutiny; networks are making pre-emptive changes even to programming, like "E.R." that is designed to be watched primarily by adults; and MTV is changing its video rotation, so that controversial videos are played only when children are likely to actually be asleep.
First, Powell has suggested fines for violations may now be increased greatly. But why? The outcry over the Jackson event was doubtless, in itself, sufficient warning to anyone who might have contemplated risking another violation. The current fines -- or even the threat of them -- are obviously more than enough.
Second, Powell has made clear that he has no problem with imposing strict liability -- that is, liability regardless of fault -- on broadcasters. Even entirely blameless local stations and affiliates will be swept within his net, he has insisted. But that's unfair: Only culpable parties -- if any -- should be punished.
Third, Powell has indicated that he will apply a vague and capricious standard as to what is indecency -- a standard that you "don't have to be a lawyer" to understand. But without legal wording, and legal limits on what can be considered indecent -- that is, without strict legal lines drawn in the sand -- the chilling effect will only be amplified. Any speech that the speaker fears might run afoul of viewers' sensibilities will predictably be chilled.