f********4
发帖数: 2883 | 1 美国印度裔向FCC投诉某电台种族歧视的律师信
2005年，美国印度人向FCC投诉Philadelphia radio station,说他们种族歧视，嘲弄印
度人。比起ABC来这实在算不了什么。
http://intellibriefs.blogspot.ca/2005/01/complaint-to-fcc-again
The following is a complaint filed today before the FCC by Attorney Rahul
Manchanda, of Manchanda Law Offices, P.C. in New York on the
"Indecent, Racist, and Profane Radio Transmissions from Philadelphia radio
station, WUSL-FM (Power 99), owned by Clear Channel Communications".
Attorney Manchanda has taken this action at no cost to the community.
If you have any follow-up thoughts, please get in touch with Attorney
Manchanda whose coordinates are:
Rahul Manchanda, Esq.
Manchanda Law Offices, P.C.
14 Wall Street
20th Floor
New York, New York 10005
Tel: (212) 618-1830
Fax: (212) 618-1831
e-mail: r*[email protected]
web: http://www.manchanda-law.com
VIA ELECTRONIC TRANSMISSION, E-MAIL, AND CERTIFIED MAIL
Federal Communications Commission
Enforcement Bureau
Investigations and Hearings Division
445 12th St., SW, Room 3-B443
Washington, DC 20554
Re: Indecent, Racist, and Profane Radio Transmissions from Philadelphia
radio station, WUSL-FM (Power 99), owned by Clear Channel Communications
Dear FCC Investigator:
Our law office is herein filing a formal complaint with the Federal
Communications Commission (A FCC@ ) regarding a horribly indecent, racist,
and profane radio broadcast which was transmitted by a Philadelphia radio
station, WUSL-FM (Power 99), owned by Clear Channel Communications, on
January 5, 2005.
The following is a brief description of the events which has caused
thousands of Indian Americans in the United States to voice their outrage,
disgust, and sadness stemming from this terribly offensive and profanely
racist diatribe directed against both them, and their native country of
India, which enjoys superb relations with the United States in nearly all
avenues of international, political, and economic areas.
On or about January 5, 2005, a pair of A shock jocks@ on the Philadelphia
radio station WUSL-FM (Power 99 owned by Clear Channel Communications)
caused a big controversy by airing a call they made to a call center
operator in India. The resulting skit was filled with racist and sexist
comments, along with a violent threat to choke the innocent victim - among
other offensive statements, these two radio jockeys called an innocent
Indian lady on the phone a "bitch" and a "rat eater."
One can listen to the recording and read the transcript of that broadcast at
the following URLs:
http://www.edrants.com/reluctant/001697.html
http://www.turbanhead.com/mt/archives/002437.html
At least two stories have appeared in the major press, one by Arun Venugopal
, ran in the Rediff newspapers, and the other by Philadelphia Inquirer staff
writer Dan Rubin.
The Indian community in the U.S. as well as around the world has reacted
with profound grief, sadness, and disbelief - and this has resulted in
numerous angry phone calls, flurries of e-mail messages, petitions and other
complaints to Indian civic organizations. Some of the responses can be read
at the following URLs:
http://www.sepiamutiny.com/sepia/archives/000917.html
http://www.dronamraju.com/journal/2005/01/radio-jockeys-racist-
http://www.turbanhead.com/mt/
The Rediff newspaper article mentioned above, found at http://us.rediff.com/news/2005/jan/11bpo.htm stated the following:
A US RJs threaten Indian BPO worker@
Jan. 11, 2005
A By Arun Venugopal in New York
e-mail: a***[email protected]
An abusive call made by two prominent radio jockeys to a call center in
India has outraged listeners and prompted demands for the duo's resignation.
The live call, made during the Philadelphia-based morning show of Rjs Star
and Bucwild, ended with one of the RJ's repeatedly calling the female call
centre employee a 'bitch' and a 'rat eater' and threatening to choke her.
Star, whose real name is Troi Torain, initiated the call under the pretext
of inquiring into an order he had placed for a product known as 'Quick Beads
', hair beads marketed primarily to girls outside the black community (Star
and Bucwild are black). Midway through the call, Star became aggressive with
the call centre representative, Steena.
Star: This call has been outsourced to India?
Steena: That's right.
Star: Well, ma'am, what the eff would you know about an American white girl'
s - uh, uh - hair, and quick beads?
Steena: Just to inform you, ma'am, we're a national chain services company.
And we're just taking calls on the opposite.
Star: Listen, bitch! Don't get slick with the mouth! Don't you get slick
with me, bitch!
Steena: Now if you continue to speak this language, I will disconnect the
call.
Star: Listen to me, you dirty rat eater. I'll come out there and choke the
eff out of you (laughter).
Star: You're a filthy rat eater. I'm calling about my American six-year-old
white girl. How dare you outsource my call? Get off the line, bitch (
laughter, applause, end of call).
This is not the first time the RJ's have provoked listeners. In 2001, after
the death of the R&B singer Aaliyah, their show attempted to make light of
the tragedy by playing the sound effect of a plane crashing, along with the
sound of a woman screaming. That segment, according to some reports, drew as
many as 80,000 signatures to a petition and led to the duo being fired from
their station at the time, New York's Hot 97 FM. Their latest segment has
inspired a number of bloggers and online activists to rally against Star and
Bucwild, initiating a letter-writing campaign to the station, WUSL-FM (
Power 99), as well as to its corporate parent, Clear Channel, and the
Federal Communications Commission, which monitors the broadcast media.
Although the station pulled the segment from their website, one blogger
posted the audio file on his own website:
http://www.sideangleside.com/cgi-bin/redirect.cgi?
dest=http://www.sideangleside.com/sas/media/
power99_call_to_india.mp3
Another blogger posted the full transcript:
http://www.edrants.com/reluctant/001697.html
In a form letter sent to some protesters, the station's general manager,
Richard Lewis, said the station did not condone the use of offensive
language, stating: A This situation has been discussed with the people in
question and I am confident nothing of this nature will happen again,@ wrote
Lewis. A I sincerely regret any discomfort this may have caused you or any
friends and family.@
However, Lewis hasn't agreed to either of the demands protesters were
looking for: a public apology from the shock jocks or even their suspension.
> Again I apologize to you personally for this and I understand your point
of view,@ he wrote, in closing. > I do appreciate your taking the time to
let me know your thoughts.= @
Additionally, the following article appeared in the Philadelphia Inquirer on
January 11, 2005, regarding the horrific comments made by the shock jock
duo with regards to India and its people:
A Shock jocks' skit pulled by Power 99
By Daniel Rubin
Inquirer Staff Writer
Contact staff writer Daniel Rubin at 215-854-5958 or
d*******[email protected]
WUSL-FM (Power 99) conceded yesterday that an on-air routine by morning
shock jocks Star and Buc Wild was "racially inflammatory" and pulled an
audio clip of it off the station Web site.
Community-affairs director Loraine Ballard Morrill, who has fielded more
than 130 angry e-mails and phone calls, said the station reprimanded the
employee who posted the clip on the Web.
On the clip, part of a show that aired last month without complaint, Star
posed as a white father trying to buy beads so his 6-year-old daughter could
look like tennis stars Venus and Serena Williams.
After learning his query had been answered by a call center in India, he
exploded, blasting the woman who answered as "a filthy rat eater" and
threatening to "come out there and choke the... out of you." Rita Addessa,
executive director of the Pennsylvania Lesbian & Gay Task Force, said she
was "appalled" when another human-rights activist forwarded her the audio
file. "I couldn't believe in the year 2005 that any broadcaster would dare
be so racist and misogynistic," she said.
In an e-mail to members of Asian cultural and journalism associations,
Devalina Guha-Roy, who teaches at a Head Start program in Philadelphia,
called the crank call "outright racism."
Since the Star and Buc Wild show began airing on Power 99 three months ago,
the duo has grabbed an increasing share of young audiences. They're also
syndicated in Hartford, Conn., and Augusta, Ga., and are to return to New
York this month, on WWPR-FM.
The two aired in New York from 2000 to 2003, and were suspended after Star
made fun of the death of singer Aaliyah in a plane crash. Morrill said
station managers have had "extensive discussions" since learning about the
clip Thursday with Star, whose real name is Troi Torain, and Buc Wild, his
half-brother, Timothy Joseph.
"It was made clear this is not acceptable, and it won't happen again,"
Morrill said.
She said the more serious matter was posting the clip on the Web site. "That
probably made it a much more - just a worse situation. Then people could
click on it and hear it. That was not cool... . He made a big ol' mistake in
judgment."
The employee who posted the clip on the Internet will undergo sensitivity
training, she said. The station also planned to post an apology. A
Essentially [we're] apologizing for things on our Web site that were
racially inflammatory and insensitive, saying, 'We took it off our Web site
and it won't happen again."
Most of the e-mails came from people who do not listen to Power 99, whose
audience is mainly African American, she said. Power 99 is owned by Clear
Channel Communications, which adopted a "zero-tolerance" policy last year,
dropping Howard Stern and paying a record $1.75 million fine for indecency.
Contact staff writer Daniel Rubin at 215-854-5958 or dan.rubin@phillynews.
com.@
Needless to say, thousands of concerned Indians are very upset by this
contemptuous and criminal broadcast. The broadcast has been described by
many in the Indian American community as A pure racism and should not be
tolerated.@
Below is the contact information to the Power 99 Station Address:
Power99 WUSL-FM440 Domino LanePhiladelphia, PA 19128
General/Business Line: 215.483.8900
Studio Hotlines: Philly Area & Local: 215.263.6699
Worldwide: 800.669.99FM
Programming:Director of Urban Programming/Program Director: Thea
MitchemMusic Director: Coka LaniNews & Public Affairs Director: Loraine
Ballard Morrill
Try this number too - 215-482-7936
Here again, is the full transcript of the indecent, profane, violently
threatening, and blatantly racist radio broadcast:
NARRATOR INTRO: Wakeup with Star and Buc Wild in the mornings of Power 99 FM
.
STAR: I'm going to play this call from earlier before we get out of here.
This is the, uh, call that I made to -- I thought it was a company here
locally. Not that I was surprised.
(laughter)
STAR: I saw this infomercial about, uh, what are these things called again?
Oh, the, uh...
FEMALE VOICE: Bead? Oh shoot.
STAR: Anyway, let -- let's just play the call. I was surprised when I got
somebody on the line in East India. These little beads that I saw. Little
white kids, uh, a little machine that puts them in their hair.
FEMALE VOICE: Mm'hm.
STAR: Play it.
(tape begins)
STEENA: This is Steena. How may I help you?
STAR: Hi, Stain-a, you say?
STEENA: Yes.
STAR: (in fake Indian accent) Yeah, I called and I just got hung up on. I'm
calling from America about the quick beads for my daughter's, uh, hair.
Quick beads.
STEEA: Okay. May I have your ZIP code please?
STAR: 10274.
STEENA: 10274?
STAR: Yes. Get it right. Now are you in India? Because I just spoke to
someone in India who hung up on me.
STEENA: Thank you. I am from India, ma'am.
STAR: Okay. So my call is being outsourced to India.
STEENA: That's right.
STAR: In... in regards to my six year old, white American daughter who wants
to get the quick beads like Serena and Venus Williams.
STEENA: Now. I'll definitely place an order for that. See...
STAR: What's that?
STEENA: ...in the ad, she called to place a quick bead of counier.
To ensure proper handling...
STAR: Ma'am, I don't know what the hell you're saying. Hang on a second. Let
me try and get something straight here. The quick beads, like Venus and
Serena Williams, that to advertise to -- to the white kids on television.
This call has been outsourced to India?
STEENA: That's right.
STAR: Well, ma'am, what the eff would you know about an American white girl'
s -- uh, uh -- hair? And quick beads.
STEENA: Just to inform you, ma'am, we're a national chain services company.
And we're just taking calls on the opposite...
STAR: Listen, bitch! Don't get slick with the mouth! Don't you get slick
with me, bitch!
STEENA: Now if you continue to speak this language, I will disconnect the
call.
STAR: Listen to me, you dirty rat eater. I'll come out there and choke the
eff out of you.
(laughter)
STAR: You're a filthy rat eater. I'm calling about my American six year old
white girl. How dare you outsource my call? Get off the line, bitch!
(laughter; end of tape)
STAR: Pull it up.
(laughter)
STAR: Heard they listen well out there.
According to FCC Guidelines, it is a violation of federal law to broadcast
indecent or profane programming during certain hours. Congress has given the
Federal Communications Commission (A FCC@ ) the responsibility for
administratively enforcing the law that governs these types of broadcasts.
The Commission may revoke a station license, impose a monetary forfeiture,
or issue a warning, for the broadcast of obscene or indecent material.
Indecent Broadcast Restrictions
The FCC has defined broadcast indecency as A language or material that, in
context, depicts or describes, in terms patently offensive as measured by
contemporary community broadcast standards for the broadcast medium, sexual
or excretory organs or activities.@ Indecent programming contains patently
offensive sexual or excretory references that do not rise to the level of
obscenity. As such, the courts have held that indecent material is protected
by the First Amendment and cannot be banned entirely.
It may, however, be restricted in order to avoid broadcast during times of
the day when there a reasonable risk that children may be in the audience,
as it was here.
Consistent with a federal statute and federal court decisions interpreting
the indecency statute, the Commission adopted a rule pursuant to which
broadcasts -- both on television and radio -- that fit within the indecency
definition and that are aired between 6:00 a.m. and 10:00 p.m. are subject
to indecency enforcement action.
Profane Broadcast Restrictions
The FCC has defined profanity as including language that A denote[s] certain
of those personally reviling epithets naturally tending to provoke violent
resentment or denoting language so grossly offensive to members of the
public who actually hear it as to amount to a nuisance.@
Like indecency, profane speech is prohibited on broadcast radio and
television between the hours of 6 a.m. to 10 p.m.
Enforcement Procedures and Filing Complaints
Enforcement actions in this area are based on documented complaints received
from the public about indecent, profane, or obscene broadcasting. It is
understood that the FCC= s staff reviews each complaint to determine whether
it has sufficient information to suggest that there has been a violation of
the obscenity, profanity, or indecency laws. If it appears that a violation
may have occurred, the staff will start an investigation by sending a
letter of inquiry to the broadcast station. Otherwise, the complaint will be
dismissed or denied.
Context
In making indecency and profanity determinations, the FCC states that
context is key. The FCC staff must analyze what was actually said during the
broadcast, the meaning of what was said, and the context in which it was
stated. Accordingly, the FCC asks complainants to provide the following
information:
Information regarding the details of what was actually said (or depicted)
during the allegedly indecent, profane or obscene broadcast. There is
flexibility on how a complainant may provide this information. The
complainant may submit a significant excerpt of the program describing what
was actually said (or depicted) or a full or partial recording (e.g., tape)
or transcript of the material.
In whatever form the complainant decides to provide the information, it must
be sufficiently detailed so the FCC can determine the words and language
actually used during the broadcast and the context of those words or
language. Subject matter alone is not a determining factor of whether
material is obscene, profane, or indecent. For example, stating only that
the broadcast station A discussed sex@ or had a A disgusting discussion of
sex@ during a program is not sufficient. Moreover, the FCC must know the
context when analyzing whether specific, isolated words are indecent or
profane. The FCC does not require complainants to provide recordings or
transcripts in support of their complaints. Consequently, failure to provide
a recording or transcript of a broadcast, in and of itself, will not lead
to automatic dismissal or denial of a complaint.
The Date and Time of the Broadcast
Under federal law, if the FCC assesses a monetary forfeiture against a
broadcast station for violation of a rule, it must specify the date the
violation occurred. Accordingly, it is important that complainants provide
the date the material in question was broadcast. A broadcaster= s right to
air indecent or profane speech is protected between the hours of 10 p.m. and
6 a.m. Consequently, the FCC must know the time of day that the material
was broadcast.
The Call Sign of the Station Involved
Of necessity, any documentation provided to the FCC about the complaint
becomes part of the FCC= s records and may not be returned.
It is kindly and respectfully requested that this complaint complies with
FCC Guidelines, and that the FCC take appropriate action against the
perpetrators of this horrifically indecent and profane radio broadcast which
has seriously affected and saddened millions of patriotic and positively
contributing Indian Americans, as well as the hundreds of millions of
Indians abroad, who have always loved and respected the United States of
America.
Respectfully submitted,
Rahul Manchanda, Esq.
(Complaint also submitted via electronic transmission to):
http://www.fcc.gov/cgb/complaints.html
and via e-mail to:
f*****[email protected] | B*****t
发帖数: 820 | 2 这是向FCC投诉，不是向法庭起诉。FCC不是法庭。有没有向法庭起诉的例子？
还有，结果是什么？投诉有没有效果？
因为hate speech告上法庭的，近年来有没有胜诉的？即使是hate speech，虽然不道德
，但不都是违法的。
【在 f********4 的大作中提到】
: 美国印度裔向FCC投诉某电台种族歧视的律师信
: 2005年，美国印度人向FCC投诉Philadelphia radio station,说他们种族歧视，嘲弄印
: 度人。比起ABC来这实在算不了什么。
: http://intellibriefs.blogspot.ca/2005/01/complaint-to-fcc-again
: The following is a complaint filed today before the FCC by Attorney Rahul
: Manchanda, of Manchanda Law Offices, P.C. in New York on the
: "Indecent, Racist, and Profane Radio Transmissions from Philadelphia radio
: station, WUSL-FM (Power 99), owned by Clear Channel Communications".
: Attorney Manchanda has taken this action at no cost to the community.
: If you have any follow-up thoughts, please get in touch with Attorney
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