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  • FCC bad word???

    Posted by Steve Cohen on June 27, 2010 at 1:16 pm

    My captioning company is questioning if it is ok to leave the word DAMN in the caption file.

    Does anyone know where to find out if the FCC prohibits this word, in captioning or audio.

    The exact phrase used is ”
    LIFE’S NOT WORTH A DAMN TILL”.

    Thanks for the help.

    Steve Cohen
    Supervisor of Post Production
    O2 Media Inc.

    Steve Cohen replied 15 years, 9 months ago 13 Members · 20 Replies
  • 20 Replies
  • David Johnson

    June 27, 2010 at 1:49 pm

    Believe it or not, the FCC doesn’t necessarily “ban” specific words from TV per se … it is essentially the first line of defense in enforcing obscenity laws that are really enforced by the legal system. It’s role is to keep broadcasters reasonably in line via threats to suspend or revoke licenses. So, in a practical sense, it’s more the broadcasters’ fear of losing advertisers that keeps them relatively clean than it is the FCC.

    That said, although I am not an attorney, I seriously doubt that “damn” would break any obscenity laws, which in general terms, consider things like:
    community standards (specific market the broadcast is in)
    time of day (less strict guidelines during late-night hours))
    sexual explicitness (self-explanatory)
    context (literary value, etc.)

    The bottom line is, it’s basically up to the broadcaster whether they want to allow the word “damn” in that context on their broadcast so you might double check with the Program Director of the station the program will air on, but it should be fine unless it’s in a children’s program.

  • Walter Biscardi

    June 27, 2010 at 2:58 pm

    You need to have the broadcaster weigh in on this. It is their decision to make, not the caption company.

    Walter Biscardi, Jr.
    Editor, Colorist, Director, Writer, Consultant, Author, Chef.
    HD Post and Production
    Biscardi Creative Media

    “Foul Water, Fiery Serpent” featuring Sigourney Weaver coming soon.

    Blog Twitter Facebook

  • Steve Cohen

    June 27, 2010 at 3:00 pm

    Thanks for the info.
    After posting this I did a little more searching and found this on the FCC website itself…

    17. Further, we conclude that uses of the words
    “Jesus,” “Jesus Christ,” “God,” “God damn” and its
    variations, and “damn” and its variations, are not
    actionable under section 1464 for the reasons set forth in
    Raycom America, Inc., Memorandum Opinion and Order, 18 FCC
    Rcd 4186 (2003).

    I will consult with Lifetime, but I feel it is safe to airs.

    Steve Cohen
    Supervisor of Post Production
    O2 Media Inc.

  • David Johnson

    June 27, 2010 at 3:21 pm

    Thanks for sharing the info you found as well. Just a thought about it … “not actionable under section 1464” doesn’t mean not actionable under any other section of the law. That’s why it’s best to leave such calls to station/network officials and/or their attorneys.

  • David Roth weiss

    June 27, 2010 at 4:29 pm

    The word “crap” is used in primetime all the time, and it doesn’t trigger the Cow’s moderation engine, so I gotta believe damn is fair game.

    David Roth Weiss
    Director/Editor/Colorist
    David Weiss Productions, Inc.
    Los Angeles

    POST-PRODUCTION WITHOUT THE USUAL INSANITY ™

    EPK Colorist – UP IN THE AIR – nominated for six academy awards

    A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.

  • Rafael Amador

    June 27, 2010 at 4:43 pm

    First I thought was a new version of Final Cut, but..sorry for my ignorance, what is FCC?
    rafael

    http://www.nagavideo.com

  • Andy George

    June 27, 2010 at 5:11 pm

    Federal Communications Commission

    -Andy

  • John Pale

    June 27, 2010 at 5:16 pm

    Just call or e-mail the person in charge of standards and practices for the broadcaster you are delivering to. Ultimately it’s up to them. Some networks really like to push the envelope, others are unbelievably cautious.
    They will usually be delighted you actually asked first before delivery.

  • Craig Alan

    June 27, 2010 at 5:42 pm

    https://www.slashfilm.com/2009/12/05/movie-trailer-chris-rocks-death-at-a-funeral-remake/

    Scroll down to movie trailer. “I was like, “Damn!,” aired (nationally, I think) on TV. I hear the phrase “You’re damn straight,” often. Granted, I’ve also heard the word “darn” used in its place.

    I think you’re safe.

    OSX 10.5.7; MAC Book PRO (EARLY 2008); Camcorders: Sony Z7U, Canon HV30, Sony vx2000/PD170, Canon xl2; Pana, Sony, and Canon consumer cams; FCP certified; write professionally for a variety of media; teach video production in L.A.

  • Mark Raudonis

    June 27, 2010 at 6:06 pm

    I’m reading this thread in disbelief.

    How can you be delivering a final master WITHOUT having heard from somebody in standards and practices??? If you’re doing a commissioned work for a network, their S & P folks will have been involved from your first rough cut. (At least that’s my experience)

    Something’s very wrong here.

    mark

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