Amendment printed in House Report 109-6 to clarify that the liability standard for non-licensees (performers, networks) is "willful and intentional"; clarify that for non- licensees to be found liable, the indecent statement must have been made "knowing or having a reason to know" that the statement would be broadcast; change the reference to the "General Accounting Office" to its new name of "Government Accountability Office"; provide that if a violator of the provisions of the Act is an individual, the financial impact of a penalty can be taken into account; require the FCC's annual indecency enforcement report to include data going back to 2000; require the GAO's indecency enforcement report to include data going back to 2000; and to require the FCC to promptly, and regularly thereafter, update its Policy Statement that provides guidance on the Indecency Standard.
Rep. Fred Upton (R-MI)Description
Amendment clarifies that the liability standard for non-licensees is willful and intentional; clarifies that for non-licensees to be found liable, their indecent statement must have been made knowing or having a reason to know that the statement would be broadcast; changes the reference in the bill to the "General Accounting Office" to its new name of "Government Accountability Office"; requires the FCC to look at the impact of a forfeiture penalty on an individual; requires the FCC's annual indecency enforcement report to include data going back to 2000; requires the GAO's indecency enforcement report to include data going back to 2000; and requires the FCC to update its broadcast indecency enforcement guidelines at least every 3 years.
Legislative Activity
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House amendment agreed to: On agreeing to the Upton amendment (A001) Agreed to by voice vote.(text: CR H662)
February 16, 2005 • 1:28 PM
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House amendment agreed to: On agreeing to the Upton amendment (A001) Agreed to by voice vote.(text: CR H662)
February 16, 2005 • 1:28 PM
Amendment agreed to by House: On agreeing to the Upton amendment (A001) Agreed to by voice vote.(text: CR H662)
February 16, 2005 • 1:28 PM
House amendment offered
February 16, 2005
House amendment offered/reported by : Amendment (A001) offered by Mr. Upton.(consideration: CR H662-664)
February 16, 2005 • 1:15 PM
Amendment (A001) offered by Mr. Upton. (consideration: CR H662-664)
February 16, 2005 • 1:15 PM
The previous question was ordered on the amendment (A001) pursuant to the rule.
February 16, 2005 • 1:28 PM
On agreeing to the Upton amendment (A001) Agreed to by voice vote. (text: CR H662)
February 16, 2005 • 1:28 PM