Controversial Programming Policy

Introduction
City of Erie Cable TV Access Corporation Policy
Rules of Operation
 

CITY OF ERIE CABLE TV ACCESS CORPORATION
GUIDELINES FOR HANDLING CONTROVERSIAL PROGRAMMING

PASSED BY CECTAC BOARD OF TRUSTEES 12 MAY 1997

INTRODUCTION

Community Access Television is intended to be a conduit through which community members communicate with one another through the medium of cable television.

Community Access Television will enhance the quality of life in our community through its mission of promoting "community involvement in the production and cablecasting of television programs that benefit the subscribers of Erie Cablevision in the City of Erie…" and encouraging citizens "to exercise their First Amendment rights of free speech and expression…." This requires policies and procedures that advance the goal of making the public access channel "a powerful resource for encouraging and strengthening the free expression of ideas and opinions [and] a useful tool for promoting awareness and understanding of the diversity within our community…."

Community Access Television of Erie provides the access for non-commercial community programming. But it is neither feasible nor desirable for the Access Corporation or staff to control program content. We are not the policemen of the Access channel. It is the trained Access producer who is solely responsible for the content of his/her program.

These guidelines are designed to spell out the policies for programming on Community Access Television and to ensure that there are open lines of communication between the trained Access user and the staff and management of Community Access Television of Erie. We all have an incredible opportunity to be "heard" through the exciting medium of Community Access Television and an awesome challenge to exercise that opportunity responsibly.

CITY OF ERIE CABLE TV ACCESS CORPORATION POLICY

It is the policy of CECTAC to inform ALL Access users of these guidelines during training sessions and to continually reinforce the Rules of Operation during an Access user's "life span" with Community Access Television.

RULES OF OPERATION

All access users are required to comply with the Rules of Operation that are in place (refer to your Community Access Television Producers packet that you received at the first training session). The Rules clearly state that all Access users are "personally responsible for the content of such programming." The Rules also clearly prohibit any material that is obscene (see Rules section 8 paragraph A number 2).

A program is considered legally obscene if it meets ALL of the following criteria: 1.) The program, as a whole, appeals to prurient interests (defined as a shameful to morbid interest in sex and/or excretion); 2.) It depicts hard core sexual conduct in a patently offensive manner; and 3.) As a whole, it lacks serious literary, artistic or scientific value. Prevailing community standards are used to determine whether a program is patently offensive and appeals to prurient interests.

The penalties for cablecasting obscenity are very severe and include a two-year jail term and a $10,000 fine. Two important things to remember: a program is not obscene simply because people don't like it--the offensive material has to pass the legal test for obscenity; and IT IS ULTIMATELY THE PRODUCER WHO IS ENTIRELY RESPONSIBLE FOR THE CONTENT OF THE PROGRAM.

According to the Rules (see section 8 paragraph B number 2), if a program contains materials in the category of "protected speech" but known to be sensitive or offensive, it may be scheduled for cablecasting during adult viewing times (i.e. late evening hours). In addition the Access user may be required to add a disclaimer before, after, and perhaps during, depending on the length of the program, to advise the audience of the sensitive nature of the program.

No program will be cablecast unless the Access producer or sponsor declares (by signature on the appropriate documentation) that the program is in FULL compliance with ALL of the Rules of Operation set forth by CECTAC, all local, state and federal laws and indemnifies CECTAC, its board of directors and employees, the City of Erie and its officer and employees, Erie Cablevision and its officers and employees from any claims or damages which may occur as a result of said programming. This signed documentation will be considered as a program contract between the Access user and CECTAC.

CECTAC will not censor or review programs before they are cablecast. However, CECTAC will not knowingly permit the Access facilities or Access channel to be used for the production or cablecasting of any material or programming that is in violation of local, state or federal laws regarding obscenity. CECTAC will prohibit such programming from cablecasting or suspend such programming in progress, if and when CECTAC receives actual knowledge of the content of said programming.

CECTAC may suspend from play any material that appears to be in violation of the Rules of Operation or any local, state, or federal law. If a program is suspended from play prior to or during the original cablecast, CECTAC will promptly initiate a review by an appropriate court of law. The ruling of the court will determine the program's eligibility for cablecasting. If the program is found to be in violation, the program will not air and the producer will be deemed to be in direct violation of his/her contract with CECTAC. This violation will constitute loss of Access privileges for up to one year and may necessitate re-certification. If the court does not find the program to be in violation, the program will be cablecast at a time mutually agreed upon by CECTAC and the producer.

Within three working days following the suspension of a program, the Executive Director will confer with the Access user and attempt to seek voluntary compliance with the Rules of Operation, and every reasonable attempt will be made to assist the Access user in making the changes (e.g. editing time, equipment, facilities) that are needed to bring the program into compliance. If the Access user is unwilling to make necessary changes then the suspension will continue for fifteen working days, or until an appeal is filed with the CECTAC Board of Directors and a hearing scheduled, whichever occurs first. If the Board overturns the ruling of the Executive Director, then the program will be cablecast as agreed upon. If the Board finds the suspension to be justified the program will not be cablecast.

If the Access user has submitted unlawful material for cablecast or has submitted material in direct violation of the Rules of Operation, the Access user will be subject to loss of all Access privileges including the loss of the right to submit programming, for a minimum of one year. An Access user who is in litigation, including criminal indictment or civil litigation for actions in any way related to the use of CECTAC resources, may be placed on indefinite suspension, including loss of the right to submit programming for cablecasting.

CECTAC will regularly carry announcements encouraging viewers with questions or comments to write or e-mail their thoughts and opinions to the Executive Director. Comments will be made public at the offices of Community Access Television of Erie and passed on to program providers. They will also be a part of the permanent record of Community Access Television of Erie.