Uncle Sam Fines CBS $3.6 Million for Naughty TV

CBS and more than 100 of its affiliates are facing a fine in excess of $3.6 million after a Federal Communications Commission ruling that an episode of its drama "Without a Trace" contained indecent material.

The commission also issued fines against a few other shows, including "The Surreal Life 2" and the PBS miniseries "The Blues," and upheld its fine against CBS for the 2004 Super Bowl halftime show that featured Janet Jackson's exposed breast and touched off the current indecency debate.

By far the biggest proposed fine is the collective $3.6 million faced by 111 CBS affiliates for airing an episode of "Without a Trace" called "Our Sons and Daughters" on Dec. 31, 2004. The FCC found a scene depicting a sex party among teenagers contained "explicit and lengthy ... depictions of sexual activity, including apparent intercourse" that went "well beyond what the story line could reasonably be said to require."

Well, of course the breast. But what's this other stuff? The Surreal Life 2? I thought that was on cable, and the restrictions on cable are "looser'".

The other fines handed out Wednesday included $27,500 against WB affiliate WBDC in Washington for a broadcast of "The Surreal Life 2" in 2004 that showed a number of guests at a pool party naked, though the nudity was pixellated. Despite the blurring, the FCC found clear enough depictions of sexual acts -- such as a man kissing a woman's nude breast -- to warrant a fine.

That's right, who are they trying to fool with that pixellation business. You know what's under it. But c'mon now -- PBS? The Blues? Wasn't that the MartinScorsese series about the old bluemen -- Robert Johnson, Muddy Waters, Howling Wolf, etc?

"The Blues" was hit with a $15,000 sanction for profanity when a PBS affiliate failed to edit several utterances of "f***" and "s***," which the commission considers indecent regardless of context.

Regardless of the fact that the median age of the audience was probably and 57 and 1/2, you can't say "f***" and "s***" on tv. No f***** way. (Unless you bleep it).

So that leaves Without a Trace. The episode was called "Our Sons and Daughters". CBS had broadcast it once already, in November 2003. It was protested, and they had to pay a $3.5 million out-of-court settlement. Nevertheless, then they thought they'd try it again, on New Years Eve 2004. The stations that showed it after 10:oo p.m. were okay. But those stations in the Central and Mountain time zones, and in Alaska and Hawaii, showed it before 10:00. Those stations -- not just the network, but the local affiliates themselves -- will be fined.

What were they thinking?

"[The episode], which aired in the last hour of primetime and carried a TV-14 V-Chip parental guideline, featured an important and socially relevant storyline warning parents to exercise greater supervision of their teenage children," the network says. "The program was not unduly graphic or explicit, and we will pursue all remedies necessary to affirm our legal rights, while knowing that millions of Americans give their stamp of approval to 'Without a Trace' each week."

How graphic was it? Well, ironically enough, if you want to find out, you'd have to go to the people who were particularly outraged by it -- the Parents Television Council. (Remember them?) You'll need a magnifying glass, but from what I could tell it's pushing the envelope for network tv.