The baring of a female characters' behind in a NYPD Blue episode in 2003, could end up costing Disney's (NYSE:DIS) ABC $1.4 million. The fine would be levied against 52 ABC Television Network stations for airing the program.
According to the Federal Communications Commission (FCC) release order on Friday, there were "multiple, close-up views" of the woman's "nude buttocks" in a scene where a young boy comes upon a woman about to take a shower.
A large number of complaints were lodged at the FCC after the program aired, which prompted the investigation.
According to ABC, people have V-Chip technology and enough parental warnings to handle the situation. They also implied that viewers were at fault saying after about 10 years on the air, "the realistic nature of its storylines was well known to the viewing public."
This is a poor road to take by the Disney-owned ABC. The issue is whether they broke the indecency laws enforced by the FCC, not whether they put warnings at the beginning of a telecast.
The agency described the show as indecent because "it depicts sexual organs and excretory organs -- specifically an adult woman's buttocks."
I don't see the upside for Disney fighting this. All they could possibly do is alienate families who interact with their other content. They should just pay the fine. Their arguments reveal they were trying to see what they could get away with. That alone is reason enough to fine them.
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