U.S. court ruled that where --- happens on television, this is not a crime

WASHINGTON: U.S. law to ban "fleeting expletives" on television, mostly ruled accidental profanities during a live broadcast was thrown out of court of appeal, as threatened free speech in the center of the First Amendment. "

A three-judge U.S. Circuit Court of Appeals in New York, described the law vague and contradictory and unconstitutional.

Critics said the decision meant open slather for the "F word" on television. But the headline writers had a field day. "O% @!, They bleeped of indecency rules!" Said Los Angeles Times.
In short, expletive policy - which was introduced by the FCC in 2004 and led to record fines for errant operators - entered into force after a series of slip-ups during the live broadcast, in particular with lead singer of U2, Bono, in 2003 Golden Globe Awards, when he uttered the phrase "is brilliant --- ING.

For the same time, the reality TV show star Nicole Richie said during the Billboard awards shows: "Have you ever tried to get cows --- one Prada bag? This is not so simple --- ING. "

Commission warns of fines of up to $ US35 million ($ 39,700,000) each breach, ruling that the "F word" in any context "inherently has a sexual connotation. The prohibition applies television network between 6am and 22:00.

Regulators had previously focused primarily on the screenwriter obscene materials to turn a blind eye to the travails during the live broadcast. Protects networks at first censure of "bleeping Out" profanities for domestic viewers while maintaining dialogue copies intended for export to other countries, including Australia.

Court of appeal judges, said: "By prohibiting all" clearly offensive "references to sex, sexual organs and excretion without providing adequate guidance about what" clearly offensive "means the Commission [] effectively chills speech because television operators spread, nobody knew what FCC would find offensive. "

Writing on behalf of the Committee, Judge Rosemary Pooler of the Commission indicate a discrepancy: although it found some frequently used expressions to be inappropriate, while others, such as "up yours" and "Kiss my ass," were not deemed to be manifestly offensive .

"English is full of creative ways to depict sexual or excretory organs or activities," she writes. "Even if the FCC were able to provide a complete list of all such expressions, new offensive and obscene words are invented every day."

The judge said that the rule placed an unfair burden on the networks are trying to foresee the Commission and in effect promoted self-censorship "of valuable material which should be fully protected by the First Amendment [the Constitution]."

The policy was challenged by Fox TV, owned by News Corporation of Rupert Murdoch.

The U.S. Supreme Court last year confirmed the policy on procedural grounds, but it sends an appellate court to test its constitutional validity.

At the Court of Appeal judges said they thought the Commission could also craft a policy that does not infringe the First Amendment.

Tim Winter, president of Parents Television Council, said: "For parents and families across the country, this decision is nothing less than a slap in the face."