Fox Refuses to Pay “Arbitrary” Indecency Fine
By Jane Ivory
10:50, March 25th 2008
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Fox Refuses to Pay “Arbitrary” Indecency Fine

Fox Broadcasting announced Monday it would not pay the $91,000 fine it received for broadcasting an episode of reality show “Married in America” which included graphic scenes at a bachelor party.

A statement issued Monday by Fox Broadcasting contests the Federal Communications Commission’s fairness in fining the network fines totaling $91,000 for broadcasting a certain “Married in America” episode that included graphic scenes which depict sexual organs.

Fox is also asking the F. C. C. to reconsider the fines on the 13 owned and affiliated stations that broadcast the “Married by America” episode, the New York Times reports.

“Fox believes that the F. C. C.’s decision in this case was arbitrary and capricious, inconsistent with precedent and patently unconstitutional,” Scott Grogin, the company’s senior vice president for corporate communications, said in a statement.

“Married in America” no longer runs on Fox. During the episode in question, the possibly offensive body parts shown were pixilated; Fox has previously said it “strongly disagrees with the commission's conclusions in the notice” and that it would “be actively considering” its options.

Last month, the F. C. C. commented: “While it is true that the nude female breasts and buttocks shown were pixilated, the commission has never held that the full exposure of sexual or excretory organs is required to satisfy the first prong of the broadcast indecency standard.”

The F. C. C. fined 13 Fox stations and affiliates $7,000 each. The agency had initially proposed a $1.2 million fine against 169 affiliates of Fox that broadcast the April 2003 show but then decided to fine only the Fox stations in markets where viewers complained about indecency.

F. C. C. spokeswoman Mary Diamond responded to Fox’s statement saying: “We believe in enforcing indecency standards especially when children are watching,” the Times reports. It remains to be seen whether the current situation will lead to court.



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