House increases indecency fines for broadcasters

WASHINGTON — Brushing aside warnings about stifling free speech, the House on Wednesday overwhelmingly passed legislation to increase fines on entertainers and broadcasters who air sexually explicit and overly vulgar material.

By a 389-38 vote, the House approved legislation that would allow federal regulators to fine broadcast companies and individual entertainers as much as $500,000 for violating decency standards, a substantial hike in the current ceilings — $32,500 for a company and $11,000 for an individual.

The House also would require regulators to consider revoking a broadcaster's licence after three violations of indecency rules within eight years — the so-called "three strikes" provision.

The legislation now goes to the Senate, where a similar measure has been introduced.

The House vote marked the second time in the 12 months since singer Janet Jackson's "wardrobe malfunction" exposed her bare breast during the 2004 Super Bowl halftime show that Congress has moved to clean up the public airwaves.

"A parent should not have to think twice about the content of the public airwaves," said Rep. Fred Upton, R-Mich., the chief sponsor of the measure. "Unfortunately, that situation is far from reality. (But) with passage of this legislation, I am confident that broadcasters will think twice about pushing the envelope."

But opponents warned that the measure would chill constitutionally protected speech and lead to more self-censorship by broadcasters, such as when 66 ABC affiliates declined last year to air the World War II drama "Saving Private Ryan" because of worries that the violence and profanity in the Oscar-winning film would lead to fines.

"Free expression and Americans' First Amendment rights are the real target of this legislation," said Rep. Bernie Sanders, I-Vt. "Ironically, we already have television stations refusing to air a film about the sacrifice of America's 'Greatest Generation' to preserve freedom because of the danger of the arbitrary fines that the FCC imposes under its overly vague so-called indecency standards."

The White House, in a statement Wednesday, said President Bush supports legislation that "will make broadcast television and radio more suitable for family viewing." But it also said the administration would work "to make appropriate adjustments to the language of the bill."