Is Saving Private Ryan a Bridge Too Far?

Philip M. Stone November 15, 2004

We had warned that the US FCC crackdown on indecency after the Janet Jackson “nipplegate” incident would have effects far beyond US borders,  and first indications regretfully prove we are right.  On Veterans Day the ABC network screened Saving Private Ryan – recognized as a Steven Spielberg masterpiece dramatically portraying the Normandy landings and beyond -- and 30% of the network’s stations declined to show the film, fearing FCC fines for excessive violence and bad language.

The message those stations sent the network was clear. – “Since nipplegate we don’t know where the FCC draws the line, but we do know they are getting stricter in interpreting the rules, and the Congress wants them to increase the fines per infraction, and we are not going to take any chances showing programming which might fall afoul of the rules.”

ABC lost ratings points and advertising dollars because 66 stations dropped the broadcast. And what kind of message does that mean ABC and the other US networks will now send to their Hollywood production factories?  “Since nipplegate we don’t know where the FCC draws the line, but we do know they are getting stricter in interpreting the rules, and the Congress wants to increase fines per infraction, and our affiliates are telling us they don’t want to take any chances showing programming that might fall afoul of the rules, so cut back on the sex, violence and language.”

And since so many US programs are sold globally, that means what you and I watch here in Europe will change as well – unless the studios make one version for the US and throw in extra spice for the rest of the world (something they already do with TV movies).

Under a US Supreme Court decision, FCC rules do not affect US cable television which is why violent and sexy episodes of, say, The Sopranos, can be shown in the US, as well as sex-filled comedies like Sex in the City – both produced by HBO. But for Sex in the City to be shown via the public airwaves, large cuts had to be made. There are those in Congress who want to change the law to include cable programming under FCC review. As a response it is thought cable producers may bend to the pressure and review current indecency standards.

ABC did its utmost to “save” Private Ryan. It showed the film on the one day of the year when it counted most – Veterans Day.  It called upon Senator John McCain – considered THE Vietnam hero in the US Congress – to introduce the film (you think the FCC is going to go after a Senator McCain project?)  and  he even phoned some of the affiliates telling them they had nothing to worry about -- yet for all that, still 66 stations showed alternative programming.

The FCC was asked beforehand if the film violated rules, but the agency declined to comment saying that would be prior censorship. But in actual fact this was the third time ABC was showing the film, and on the preceding occasions no affiliate opted out and there was but one complaint to the FCC. It was denied with the FCC stating there were “no statutory restrictions regarding violent programming.” More complaints were filed after this most recent showing and the FCC says it will review those complaints before deciding whether to open an investigation.

So why the fuss this time by the affiliates? Probably some legitimate fear about FCC rules, but perhaps, also a message to the FCC about the can of worms it has opened with its CBS Janet Jackson $550,000 fine (which Viacom, CBS parent, is appealing).

The recent US elections indicate “moral values” are high on the priorities of many Americans. Most of the key House and Senate legislators involved in bringing television indecency to the front burner before the elections are still there, including Sen. Sam Brownback of Kansas who last year introduced the Broadcast Decency Enforcement Act which increases maximum fines some 10-fold for obscene and indecent broadcasts.  Although the House and Senate agreed on the increased fines, the entire Bill fell because compromises were not agreed on other sections of the proposed law.

Washington observers are paying close attention to the FCC membership. It is felt that any new board member will support strict enforcement of the indecency rules. Chairman Michael Powell, who led the charge to increase fines, had indicated before the election that he might step down soon, but observers now say he has changed his mind and wants to stay on.

Trivia: A CBS news producer has learned the hard way you do not interfere with a popular US television program to provide breaking news. The producer cut into the last five minutes of a top-rated program to announce Yasser Arafat had died. Competing networks did not. CBS was flooded with viewer complaints that they didn’t know how the program ended. A CBS spokesman said the news was not worth the interruption. “Everyone knew he was going to die, it was just a matter of when.” The producer was fired; the program was rerun the next day.