Game Misconduct

[Radknowski]

Most readers in Western New York know last Thursday (2-22-07) night's Sabres-Senators NHL hockey game in Buffalo featured a second period full-card, knock-down-drag-out, fistic frenzy.

As the referees were assessing the 100 minutes of penalties, Sabres' coach Lindy Ruff engaged Ottawa Senators' coach Brian Murray in an emotionally charged, f-bomb laced, tirade which was broadcast on MSG cable and WGR. Sideline reporter and former Sabre Rob Ray stood between the two coaches in the camera box doing his best to shield an open mic from Ruff's volley of vitriol. I'm guessing WROC, the Sabres Rochester affiliate, also aired the salty salutations, so there's another station that might be served with notice.

Rick Jenerret commented, somewhat after the fact, "we might want to turn those microphones off." Too late Rick, the bell's been rung.

Now will WGR, WROC and MSG be sent to the FCC's penalty box as a result?

 

[John C]

I wish the FCC and everyone else for that matter paid enough attention to the NHL that it would matter. As a diehard Sabres/NHL fan who's frustrated at the lack of attention the league/sport receives I think this particular story is another example of something that's a HUGE story here in Western NY and probably a good portion of Canada but outside of hockey hotbeds in the U.S. most "sports" fans could care less. They care more about Nascar, the NFL combine in Indy or watching poker on ESPN. I'm sure the latest fracus will mean even better ratings for WGR but I'd be very surprised if any fines are levied.

JC

 

[Philip_Airtime]

I would suppose someone would have to lodge a complaint with the FCC regarding the language that was aired. I would assume MSG can't be fined because it's a cable operation and is outside the jurisdiction of the FCC. I must admit that I am at a loss to explain cable rules. Stations such as MSG, TBS and USA usually avoid nasty language and nudity. But HBO, as any viewer of the Sopranos knows, airs the F-word and shows nudity. Is the only distinguishing factor here that HBO is a premium channel that subscribers have to pay extra for? Well, it doesn't make sense to me that I can hear swearing and view nudity on cable channel 5 but cannot on cable channel 28. But that's severely off topic on a radio board. I will say that it would be extremely unfair for fines to be levied at WGR. Yes, I know the law says the owners are responsible for all content. But this was a live sporting event. This kind of thing has happened through the years. And I will point out that WGR has no control over the TV games. The Sabres are producing the telecasts for MSG, and WGR is simply picking up the TV audio. The only option for WGR is to run the audio through a delay. Again, this stuff happens during live sports events. It's not intentional on the station's part, and I don't think it would be fair to issue a fine in this case.

 

[Ron_Mexico]

Wheather or not WGR or MSG wanted to air the profanity laced tirade does not absolve them the way the current FCC law is written. It is one of the biggest problems with the law which was increased to a $500,000 fine per offense. If the FCC wanted to they could fine WGR and any other Sabres affiliate they have down the radio network. It is actually their responsibility to have a delay in place. If they run out of delay then it is considered defcon 4.

The FCC already levied a fine against television station's that carried Bono's F-Bomb, and Janet's wardrobe malfunction even though the networks had no control of the situation. So the precedent is set. Not sure if Cable is under the same rules (however Conservative and fundamentalist politicians would love to control cable and satellite content too), but WGR could definately be fined.

I've always taken issue with the FCC's views on obsenity, because they have never clearly defined what is obscene. They take it on a case by case basis. Oprah regularly talks graphically about sex, but has never been fined...if Howard Stern or Opie and Anthony had done the same bit on thier terrestial morning shows they would have racked up the largest fines in history. Apparently, if it is humor it is obscene.

 

[Element9]

The FCC can levy fines of $325 thousand per offense, up from $32,500 per offense. In defense of WGR, the f-words were incidental, the announcers appeared to warn listeners-viewers and Rob Ray was clearly seen attempting to shield the microphone.

An argument might be made that the language occured during live coverage of a news event. It was as much of a news event as a sporting event, considering how many newscasts and news services covered the brawl on the 11 o'clock news and on TV, radio and cable the next day. If I was a lawyer (I'm not) I might consider making that argument if I had to defend WGR.

Some poor SOB running the board at the station could probably have killed the audio, but he or she likely was watching the video monitor, eating pizza and editing audio all at the same time.

It could also be the board-op may have been taken totally by surprise by the f-bombs and was stunned ("...what a minute, did Lindy just say what I think he said?!") or it just might be that he/she didn't think f-bombs were any big deal because they occur in normal off-air conversation at radio stations. Then again, the board-op might have been totally clueless as to the FCC's jaundiced view of such words.

As usual in cases such as this, hypocrisy abounds.

Take your kids to a Bills game and you'll hear the f-word from the minute you get out of your car in the parking lot. Sitting in the stadium is a real treat, especially when some sh-faced fans are screaming the f-word at the opposing team's quarterback. And it isn't as if the f-word hasn't been heard on sidelines audio during NFL broadcasts, either.

Entercom's probably off the hook on this, unless some religious fundamentalist gets his-her shorts in a knot and writes the FCC. All it takes is a letter and a tape; and considering how many people tape or DVR Sabres games, it's altogether possible I suppose.

-9-

 

[ThePickleReport]

Nah, it won't happen.

I did hear a worse example on a Bills pre-game show this Fall. Larry Norton was interviewing a drunk Canadian on the air and the guy dropped an F-bomb as plain as day. No excuse for not using a delay or pre-recording a bit in that given situation.

 

[Ron_Mexico]

Sorry, the indecency fine is in fact $325,000 not $500,000 as I prievously posted. Still, raising the fine to that level poses a severe financial threat to even large broadcast companies. Not to mention that the FCC can fine the performer as well as the radio station (Lindy might need that fundraiser after all).

This is paraphrased from the FCC website as to how the law is written.

The Supreme Court has established that, to be obscene, material must meet a three-pronged test:

An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;

The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and

The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.

The FCC has defined broadcast indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” Indecent programming contains patently offensive sexual or excretory material that does not rise to the level of obscenity.

I seem to remember the FCC ruling that a delay would not exclude broadcasters from being fined, and they are not protected from live broadcasts. Does anyone have any info on this?