FCC Issues NAL in Case of “Without a Trace”

The FCC has responded to viewer complaints of indecency in the case of an episode of the CBS series “Without a Trace”. The agency found that the CBS broadcast of the December 2004 episode of “Our Sons and Daughters” was the broadcast of “material graphically depicting teenage boys and girls participating in a sexual orgy. Based upon our review of the facts and circumstances of this case, we conclude the the licensees…are apparently liable for a monetary forfeiture in the amount of $32,500 per station for broadcasting indecent material….”

The FCC went on to complete its analysis, and discussed the content of the programming at length, explaining that “while no nudity is shown, it is clear…that the scene depicts numerous sexual activities…We also find that the material is, in the context presented here, patently offensive as measured by contemporary community standards for the broadcast medium…..[t]he scene is explicit and graphic. The material contains numerous depictions of sexual conduct among teenagers that are portrayed in such a manner that a child watching the program could easily discern that the teenagers shown…were engaging in sexual activities, including apparent intercourse. The background sounds, which include moaning, add to the graphic and explicit sexual nature….The scene is not shot as clinical or educational material….Next, although not dispositive, we find it relevant that the broadcast dwells on and repeatedly depicts the sexual material, the second principal factor in our analysis….As for the third factor, we find that the complained-of material is pandering, titillating, and shocking to the audience. The explicit and length nature of the depictions…goes well beyond what the story line could reasonably be said to require….In sum, because the scene is explicit, dwells upon sexual material, and is shocking and titillating, we conclude that the broadcast of the material…is patently offensive under contemporary community standards….” The total fine imposed on CBS and its licensees will amount to $3.6 million.

Read the FCC’s entire notice here.