What to do about hardcore pornographic films on your cable TV system

By Robert Peters, Esq.
President, Morality in Media, Inc.

Blocking access to channels that carry pornography

During the 1990s, Morality in Media received many calls and letters from cable TV subscribers complaining that unordered pornographic films could be viewed, or heard, or both because the signals were inadequately scrambled.  Many callers were parents, and in several instances children were exposed to the films.

When individuals complained to their local cable operators, they were told that they could block the offending channel. The cable operators, however, did not always act promptly; and when they did act, the signal was not always fully blocked.  Moreover, blocking happened after exposure to pornographic content had already occurred.

In response to the above state of affairs, Congress enacted a law that would have required cable TV operators to either completely scramble the signals for pay porn channels (so that the signals wouldn’t “bleed” into TV sets of non-subscribers) or to air the imperfectly scrambled signals only after 10 p.m.  Unfortunately, in U.S. v Playboy, 529 U.S. 803 (2000), the Supreme Court invalidated this needed and reasonable law.

Today, a federal law (47 USC 560) requires that upon request by a cable service subscriber, a cable operator must, without charge, fully scramble or otherwise fully block the audio/video programming of any channel carrying offensive content.

Hardcore pornography shown on cable/satellite TV

In the 1980s and 1990s, hardcore pornographers made "edited" versions of their videos for distribution via mainstream cable TV systems, hotels, and neighborhood video stores. These so-called "cable versions" were produced one of two ways. Either shots focusing on the genitals, particularly during sexual activity, were edited out of the film, or the film was produced with two sets of cameras -- one of which did not show genital shots.  That “cable versions” were edited, however, did not mean they were not obscene.  In 1991, a distributor of so-called "cable versions" of hardcore pornographic videos pleaded guilty to Federal obscenity charges in Florida.

Because obscenity laws are rarely enforced against cable/satellite operators, however, most films now shown on cable/satellite TV show unedited hardcore pornography.

Your cable/satellite TV operator

If pay pornographic films are offered on your cable/satellite TV system, complain to the operator.  Point out the harmful effects of pornography, and also point out that this is not a question of "censorship" but rather of social responsibility and good business judgment. Citizens also have the right to organize orderly protests and consumer boycotts.  If your local cable company is owned by a parent company, letters of complaint can also be sent to the parent company.

Your U.S. Attorney

In the 1973 Miller v. California (413 U.S. 15) case, the Supreme Court held that obscenity laws could constitutionally be enforced against “hardcore” pornography.  Typical “hardcore” pornography consists of little if anything more than graphic depictions sex acts.

A federal law [18 USC 1468] prohibits the distribution of obscene material on cable/satellite TV, and your U.S. Attorney is responsible for enforcing it.  In making a complaint to the U.S. Attorney, citizens should request that he or she "investigate for possible violations of the Federal obscenity laws." 

The www.obscenitycrimes.org website has a Federal Obscenity Report Form (“Porn Problem & Solutions” page), which can be directed to your local U.S. Attorney to complain about possible violations of the federal cable/satellite obscenity law.

Your state prosecutor

Over 40 states have a statewide obscenity law, and some states permit local regulation of adult obscenity. Check with your state prosecutor to see if the laws apply to cable/satellite TV. If no law exists or if it doesn't apply to cable TV, ask your state legislators to look into the matter. Morality in Media has a State Obscenity Complaint Form (with Instructions) you can submit to your local prosecutor to complain about possible violations of state cable/satellite TV obscenity laws.

Your mayor and city council

Federal law [47 USC 544 (d)(1)] authorizes the local franchising authority and cable operator to specify in the franchise agreement that cable services that are "obscene or otherwise unprotected by the First Amendment" shall not be provided. Because the City would enforce the provision in a civil proceeding, it should not be necessary to prove that the material is obscene "beyond a reasonable doubt."

Conclusion

Not surprisingly, citizens are outraged when the cable TV signals for unordered pay pornographic films bleed into their homes so that the content can be viewed or heard (or both).  But there is a much more serious problem – namely, that once responsible "mainstream" cable and satellite TV companies have chosen to profit from the distribution of hardcore pornography, whether ordered or not.

Morality in Media, Inc. 
475 Riverside Drive, Ste. 1264, New York, NY 10115
(212) 870-3222   870-2765 (fax) email: mim@moralityinmedia.org