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

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

Morality in Media has received many calls from cable TV subscribers complaining that the unordered signals for hardcore pornographic films were inadequately "scrambled" and that the programming could be viewed, or heard, or both. Many of the callers were parents, and in several instances children had been 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, the blocking usually happened after exposure to the offending material -- i.e., after the damage was done.

Some local cable companies also said the films were "R-rated" and not "pornographic." Individuals who contacted MIM, however, said the films consisted of little more than explicit depictions of unclothed individuals engaging in one scene after another of "hardcore" sex -- i.e., vaginal, anal or oral sex, sadomasochism, etc. Furthermore, films shown on these channels are not submitted to the Motion Picture Association of America for a rating.

What are 'cable versions' of hardcore pornographic videos?

To reach a wider audience than the patrons of an "adults only" bookstore, the pornography industry makes "edited" versions of its hardcore pornographic films and videos for distribution via mainstream cable TV systems, hotels, and other mainstream businesses. These so-called "cable versions" are produced one of two ways. Either shots focusing on the genitals, particularly during sexual activity, are edited out of the film, or the film is produced with two sets of cameras -- one of which does not show the genital shots.

That "cable versions" of hardcore pornographic movies have been "edited," however, does not mean they are not obscene. Both Federal and state courts have held that sex material can be obscene without showing any penetration of the vagina, anus, or mouth (in oral sex), and in 1991, a distributor of so-called "cable versions" of hardcore pornographic videos pleaded guilty to Federal obscenity charges in the Northern District of Florida.

Furthermore, because obscenity laws have not been enforced against cable operators, films are now being shown which do show "unedited" actual penetration.

The real problem

Citizens, particularly parents, are rightly outraged that the signal for unordered hardcore pornographic movies is "bleeding" into their homes But the real problem is not that the signal is "bleeding" but rather that such movies are available on their cable systems.

If the pornography wasn't offered on the cable system, there would be no danger of a signal "bleeding" into a home that didn't order it. There would also be no danger of youth ordering the films without parental permission and one less opportunity for adults to develop or feed a destructive addiction to pornography.

Your cable TV company

If hardcore pornographic videos are being offered on your cable system, complain to your local cable company. 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 judgement. Citizens also have the right to organize orderly protests and consumer boycotts.

In many communities, the local cable company is owned by a parent company, and letters of complaint should also be sent to the parent company.

Your U.S. Attorney

Federal laws [18 USC 1468 and 47 USC 559] prohibit the distribution of obscene material on cable TV, and your U.S. Attorney is responsible for enforcing them. 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 ObscenityCrimes.org Web site has a Federal Obscenity Report Form, which can be directed to your local United States Attorney to complain about possible violations of the federal cable TV obscenity law.

Your state prosecutor

Over 40 states have a statewide obscenity law, and many also permit local regulation of adult obscenity. Check with your state prosecutor to see if the laws apply to cable 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 the cable TV obscenity laws.

Your mayor and city council

Federal law [47 USC 544] 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 rather than a criminal proceeding, it should not be necessary to prove that the material is obscene "beyond a reasonable doubt."

The Federal Communications Commission

Federal law [47 USC 544] requires that upon request of a subscriber, a cable operator must provide (by sale or lease) a device to block a particular cable service. If the device is unavailable or ineffective, the operator is not in compliance. The FCC has administrative authority to enforce this law, as well as the Federal laws already on the books which prohibit obscene material on cable TV.

Conclusion

Not surprisingly, citizens are particularly outraged when the unscrambled audio or visual signal, or both, for pay-per-view hardcore videos bleeds uninvitedly into their homes, but what should be of utmost concern is that "mainstream" cable TV companies and other "mainstream" companies choose to profit from the distribution of hardcore pornography, whether ordered or not.

And what every concerned citizen should do is use the constitutional means available -- e.g., law enforcement, public education, consumer boycotts -- to fight back against the pornography evil growing in our midst, and, like a cancer, weakening the moral fabric of society and injuring adults, children, and families.