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.

Ask AI
Amendment Number
10
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.
Purpose
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.
Congress
109
Type
HAMDT
Latest Action Date
Feb 16, 2005
Latest Action Text
On agreeing to the Upton amendment (A001) Agreed to by voice vote. (text: CR H662)
Latest Action Time
13:28:55
Submitted Date
Feb 16, 2005
Chamber
House of Representatives
Update Date
Dec 5, 2020
Amendment 10 — Informed