James M. Talent: “today I rise to make a few remarks about my vote today for Senator Brownback's amendment regarding broadcast indecency.…”

“today I rise to make a few remarks about my vote today for Senator Brownback's amendment regarding broadcast indecency. I supported this amendment as modified by the Burns second-degree amendment because it includes protections for small market stations. Combined, the Burns and Brownback amendments would curb the broadcast of indecent material without unjustly penalizing local broadcasters who unknowingly transmit it. I have spoken with Missouri broadcasters who worry that the stand-alone Brownback legislation would subject them to large fines for merely transmitting a program containing indecent material, like that contained in the Superbowl halftime show, without their knowledge of the indecency. Combined, the Burns-Brownback amendments would not place broadcasters in this situation since it requires the Federal Communications Commission to consider several factors including knowledge in determining whether to levy a fine, and how much that fine should be. Under current law, local broadcasters are essentially liable for everything that comes across their airwaves, even a Janet Jackson-type incident that they are downstream from and have had no opportunity to review. This quasi-strick liability standard is simply not fair, and that is one reason why I believe the law should be changed.”