AH Programs: What's allowed? What's not?

ACCESS HUMBOLDT

AH PROGRAMS: WHAT’S ALLOWED? WHAT’S NOT?

Community access programming is a great opportunity, but it comes with real responsibility. It’s important to understand, at the outset, what is permitted and what is prohibited, to understand and follow all AH policies and procedures.

Use of AH’S equipment and services must result in programming that is played on one of our channels. Members enrolled in AH sponsored classes are expected to use their training toward the production of non-commercial programming for community access cablecast.

AH does not preview programming to screen for prohibited content. Producers assume complete creative control over the content of their programs and must assume full responsibility to abide by programming policies.

Producers of access programs assume all legal responsibility for, and retain all rights to the content of their program. Producers must secure all releases, copyrights, etc. The producer’s signature on a producer agreement and indemnification form verifies the producer’s acceptance of full responsibility for program content and releases the AH staff and Board of Directors from liability or legal fees and expenses incurred as a result of cablecasting the program. This agreement also gives AH the limited right to cablecast and, at AH’s discretion, to repeat the program on any of its access channels for two years.

In general, public access programming may be produced and cablecast with no outside content control. However, the following kinds of content are prohibited:

Commercial Content

Commercial content is prohibited on AH’s community access TV channels.

AH defines commercial content as information that is designed for the purpose of personal financial gain. Commercial content includes, but is not limited to, product placement, advertisement and service descriptions provided for value of any kind or nature. Commercial content also includes promotion of any individual business, partnership or corporation by direct or indirect reference or testimonial for the significant purpose of commercial exploitation. If the primary intent or impact of a segment or program is to advertise a service or product, that constitutes prohibited commercial content. When the prime motivation for a segment or program is to make a commercial pitch or to advertise a service or product for sale, the noncommercial use regulation is violated.

AH realizes that there are situations when a small amount of commercial content may be appropriate. When commercial content is incidental to a wider permissible purpose, and helpful as a matter of context, then the noncommercial use regulation is not violated, because the commercial content is meant to be illustrative.

An author may discuss and show her book; a host may mention where it is available. Viewers may be informed of a person’s occupation or where he or she is employed, when that information is germane to the topic. A nonprofit can inform viewers about an upcoming fundraiser, including where to buy tickets and the cost to attend. In these cases, while commercial or economic interests are advanced, AH understands that it would be difficult to disseminate ideas or content without providing practical information with some relationship to the world of commerce.

The following are allowed in a limited manner if related to program content and noncommercial in intent:

• web addresses and phone numbers may appear and be announced during a program and may appear in the closing credits when using the same style, font, color and background as other production credits;

• visuals of books, CDs, and other products that are part of the noncommercial content of a particular program may be shown on camera during a program.

The following are prohibited:

• calls to action (e.g., “Shop at Joe’s”)

• business hours may not be mentioned or displayed

• price information or dates of sales for goods, services or events of for-profit businesses.

• endorsements or promotions of a specific product or service are not permitted. Superlative descriptions, qualitative claims, or stated preferences for one product or service over another are prohibited. Statements about who has used a product or service are not permitted.

• telethons and auctions or fundraising events are subject to approval by AH’s Board, except that AH is expressly authorized to conduct fundraising on the air.

AH will apply a good faith, reasonable interpretation to questions of commercial content, and will expect producers to respond with a commensurate degree of caution and care. In situations where the commercial content of a program is questioned, AH will evaluate the program as a whole and weigh the following factors:

• the extent to which the speaker stands to personally profit for the content message;

• whether the program promotes a commercial service provider, product manufacturer or distributor over other equivalent commercial competitors;

• whether the promotion is on behalf of a not for profit, civic, charitable or religious cause.

Responding to Violations of Commercial Speech Guidelines

AH Staff does not pre-screen programs to check for content that may be in violation of current policies. Pulling a program because of suspicion of prohibited content before it ever airs on AH channels would be equivalent to censorship or prior restraint of speech. AH depends on viewer complaints or self-disclosure on the part of the program Presenter in order to detect instances of alleged commercial speech.

Complaints or alerts of possible commercial content should be directed to the Programming Coordinator. Once the Programming Coordinator has received a complaint, and only after the program has played on Access Humboldt at least once, s/he must contact the program Presenter and inform them of the complaint received, and refer him/her to AH Operation Policies and Procedures. If the Presenter, upon review of commercial policies, agrees that the program is in violation of AH current policies against commercial content, s/he will be given the option to suspend the program from further playback or to re-edit the program to comply with AH policies. If however, the Presenter disagrees with the allegation that there is commercial speech in the program, AH will call on a review committee to evaluate the program and make a determination. The program may be suspended from playback while the committee reaches a determination. AH reserves the right to suspend a program after it has played at least once on Channel 12, if it is in blatant violation of current Commercial Content guidelines and after it has been reviewed by a group of AH and/or by the review committee.

Slanderous and Libelous Content

Slander is a false and knowingly malicious oral statement that damages somebody’s reputation. The legal definition is a bit more precise and is refined by case law. Libel is essentially the same act, but in written form. Libel and slander are not criminal offenses but give rise to civil actions, lawsuits for damages. If a viewer believes that an access program contains libelous or slanderous material, the viewer has the option to contact a private attorney to seek action against the producer. AH does not preview programming to screen for prohibited content. Members are expressly made responsible for the content of their own programs.

Obscene Content

Obscenity is not considered protected speech under the First Amendment to the United States Constitution. The producer/submitter should be aware that under the Federal Cable Communications Policy Act of 1984 as amended, whoever transmits over any cable system any material that is obscene or otherwise unprotected by the Constitution of the United States is liable for substantial criminal penalties. It’s difficult to determine in advance if something is legally obscene. It usually requires a judicial determination.

The U. S. Supreme Court has a three-pronged test for obscenity. A program will be deemed obscene if it meets all three of the following criteria:

- the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, and

- the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and

• the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

Adult Programming- Safe Harbor Hours

Some programs aren’t obscene but still may be offensive to others and inappropriate for younger viewers. Programs that contain sexually explicit content, nudity, offensive language, or excessively violent material are considered adult programming and must satisfy certain requirements in order to be aired. There is an affirmative duty on the part of the Producer to indicate on the Request for Playback Form whether any material in his/her program contains language or material that may not be suitable for children, nudity, or sexual content. Adult programming will be subject to the following legally permissible time, place and manner restrictions.

-These programs will be aired only during “safe harbor” hours, between 11:00 PM and 5:00 AM.

-They must contain a 15 second viewer advisory, with the following information presented both in readable graphic form and with a voice over:

“Warning. The following program contains adult material that may be considered offensive to some viewers or inappropriate for children. Viewer discretion is advised.”

The Producer has sole responsibility to monitor the content of their programs, to correctly complete the Request for Playback form, and to provide the required warning. Failure to comply with the Adult Programming policy may result in the program being pulled and the Producer’s AH privileges being suspended.

Copyrighted Material

U.S. copyright law prohibits the use of any copyrighted material without permission from the copyright owner. AH producers shall not include unauthorized, copyrighted materials in their programs and are responsible for obtaining all necessary permissions.

Programs that contain, or are determined to contain, commercial messages or which are challenged as obscene will be pulled and not re-aired pending a determination of their status. Sanctions against the producer may include suspension from AH privileges and facilities.

Controversial Programming

AH believes there is much more harm in stifling speech than in exposing people to ideas and opinions with which they are uncomfortable. Controversial programming encourages expression of free speech. AH reserves the right to inform the public of controversial programming and to solicit responses from the community in the form of additional programming.

Programming Involving Non-Profit Organizations

One of AH’s goals is to offer programming important to our community. Local non-profit organizations producing their own programs or appearing as guests on other programs may mention services and provide contact information. In addition, they may promote special fund-raising events and may mention prices for those events. However, during the course of their program, they may not engage in general fund-raising nor may they sell or promote products, including copies of their videotape. Documentation of their status as a Federally tax-exempt organization (501-C-3 status,) may be required at AH’s discretion. AH reserves the right to produce, for free or for a fee, programming for local nonprofits.

Political Programming

The usual television election laws such as The Fairness Doctrine, Personal Attack rule, and Equal Time provisions, do not apply to public access channels. Candidates for local office may produce programs or appear on other programs, in the same manner as any other member of the community. No paid advertising will be accepted on behalf of any candidate for public office or political parties, including promoting and or opposing ballot issues by supporting groups or lobbying organizations.

Political candidates and advocates for ballot issues are welcome to utilize the services on the same terms as other access users. AH maintains the right to limit the length and frequency of political programming in the same manner that it imposes these limits on other programs.

In fulfilling its role as a vehicle for community and communication, AH shall make an effort to sponsor or encourage balanced, unbiased political programming events. AH also reserves the right to preempt other programming in order to provide timely local election-related programming. AH may also reserve a sufficient block of airtime during each political season to enable a wide selection of political programs to be cablecast.

Funded Projects

AH wants to be clear with the community that equipment, facility use, and airtime are provided free of charge, and that representatives of local community organizations, as residents, can take workshops and produce their own programs at AH, and have them aired for free.

Funded programs include situations in which an AH member is paid to produce a program for air on one of our channels or when an underwriter provides financial assistance or services that support a program. For any funded project, prior to utilizing any AH equipment or facilities, the producer must submit a Third Party Agreement, signed by the funder, and approved by AH. In addition, the rules for Underwriting Credits (see next page) must be followed.

AH members may be paid by a third party to produce a noncommercial program, utilizing AH equipment and facilities, only if certain conditions are met:

• the program is appropriate for air on one of AH channels;

• the program first airs on an AH channel;

• a Third Party Agreement is signed, approved and filed.

• AH may air the final program as often as it wishes.

Underwriting Credits

Underwriting is the process through which a business or individual donates a specific product, service, or funding to assist an access program in return for non-commercial acknowledgment on that program. Any producer acquiring underwriting must file a Third Party Agreement form.

Underwriting credits may not exceed 30 seconds in length, regardless of the number of underwriters. No single underwriting credit may exceed fifteen (15) seconds. All underwriting credits must appear at either the beginning or end of the program. Underwriting credits may not appear in the middle of a program. Underwriters may also be acknowledged verbally by a host, at the conclusion of a program under these same terms and conditions.

A credit may contain:

-the company or person’s name

-the company’s logo

-the company or person’s address

-a web site address.

A credit may not contain:

-a video or photograph of a business or product

-a description of services

-a slogan (e.g., a phrase used for marketing purposes) or tagline

-a phone number of a commercial venture or person

-a call to action (“come on down and take a test drive”)

-comparative language (“we’re better than Jill’s pizza”)

-a price

-any inducement to buy, sell, rent or lease.

AH Production Services

AH may be hired to produce programs for a governmental, educational, or non-profit entity. AH cannot be hired, nor can the AH facility or AH equipment, be used, for any commercial projects. AH may also choose to produce programs at no charge, at the discretion of AH management. AH will dub programs from tape to DVD for playback for a small fee.

AH will make a rate sheet available upon request.

Production Partnerships with AH

As a service to producers, AH may choose to be a co-applicant for a grant or use its nonprofit 501-C-3 status to assist a producer in securing a grant. In all situations, AH will require a 20% administrative fee for all monies received.

Producers’ Rights

Producers maintain ownership of rights to all original material.

Producers can request a program date and time for cablecast, in accordance with scheduling priorities.

Producers may request that their programming cease being aired, if they believe that the program information is outdated or obsolete.

Producers are not obligated to show any viewpoint other than their own. Community residents with different and opposing viewpoints are encouraged to use the public access channel to express their own ideas.