Careful what you ask for:
KRON-TV fined $27,500 for indecent exposure 'Puppetry' show performer flashed genitals on cameraThe Federal Communications Commission fined the owners of Bay Area television station KRON $27,500 Tuesday for broadcasting a live news segment in which a performer from a stage show flashed his genitals.
The penalty is the maximum allowed for a single infraction and was only the second fine in the FCC's history for a television broadcast, according to one commissioner. [snip] The KRON incident occurred on the morning of Oct. 4, 2002, when the two members of a traveling theater act titled "Puppetry of the Penis" were invited to the station's San Francisco headquarters. After a brief discussion about the show -- which features performers twisting their privates into shapes resembling people, places and things including a hamburger and the Loch Ness Monster -- a camera panned over "Puppetry" member David Friend's uncovered genitals, which flashed on screen for less than a second.
KRON maintained from the beginning that the station hadn't intended for viewers to see the penis, and station owner Young Broadcasting Inc. challenged the fine. But the FCC maintained in a nine-page ruling that KRON failed to take adequate precautions "despite its awareness that the interview involved performers who appear nude in order to manipulate their genitalia. Under these circumstances, the airing of the indecent material during the interview was clearly foreseeable."
"While hard to believe, this appears to be only the second time the commission has ever found a television broadcast to be indecent,'' said Commissioner Kevin Martin.
While the FCC said the incident could have been prevented, KRON employees were clearly horrified the moment Friend was exposed. Members of the morning news team apologized repeatedly on the air immediately afterward.
KRON General Manager Paul "Dino" Dinovitz continued to express regret on Tuesday after hearing about the FCC decision.
"It's unfortunate,'' Dinovitz said. "It happened, and we're very sorry about it."
While the FCC ruling is officially a proposal that allows the station to seek a reduction or cancellation of the fine, Dinovitz said he considers the matter over.
"Our intention is to pay the fine,'' he said.
Friend and Simon Morley had been doing promotions for "Puppetry,'' which opened at Theater on the Square later the same month. Friend and Morley also said the exposure was accidental but acknowledged that ticket sales spiked after the controversy.
The FCC started its investigation on the day of the broadcast after receiving a complaint from a viewer.
Lawyers for Young defended KRON, pointing out that the station apologized repeatedly and suspended three employees after the incident. The FCC also rejected an argument by Young that compared the "Puppetry" news coverage to the 1997 uncut broadcast of "Schindler's List," which contained full frontal nudity when it aired on NBC.
"By contrast, the manner of presentation of the complained-of material ... was pandering, titillating and shocking... ,'' the FCC ruling states. "We note, in particular, the off-camera employees' comments urging the performers to conduct a nude demonstration, and the partially off-camera demonstration to the show's hosts.''