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US broadcasting regulator considers Section 28-style LGBTQ+ TV censorship

The public notice focuses on transgender and gender non-binary programming rather than the wider LGBTQ+ community

By Aaron Sugg

A still from Dead End: Paranormal Park
A still from Dead End: Paranormal Park (Image: Netflix)

US broadcasting regulator the Federal Communications Commission is considering a “warning label” for LGBTQ+ TV content, according to a new GLAAD report.

In a public notice released on 22 April, the FCC revealed they are considering whether TV ratings should be updated to specifically flag or label content that includes transgender and non-binary themes or characters.

As per the document, the FCC claims: “Parents have raised concerns that controversial gender identity issues are being included or promoted in children’s programmes without providing any disclosure or transparency to parents.

The FCC argues that without such warnings, parents cannot make informed viewing choices for their children

“Specifically, the industry guidelines that parents rely on are rating shows with transgender and gender non-binary programming as appropriate for children and young children, and doing so without providing this information to parents, thereby undermining the ability of parents to make informed choices for their families.”

FCC adds: “Consistent with Congress’s vision for the ratings system, we seek comment on whether the industry’s approach is continuing to provide the information that is relevant to parents today.”

The public notice does not state how a change in TV ratings will impact gay, lesbian and bisexual characters and stories on TV.

GLAAD says flagging transgender and gender non-binary threatens fundamental First Amendment principles

GLAAD argues this would effectively create a “warning label” for LGBTQ stories, treating them differently from other types of content, therefore threatening fundamental First Amendment principles.

The main concern is that this could lead to pressure on broadcasters and potentially reduce LGBTQ+ visibility on TV.

In retaliation, GLAAD is running a public advocacy campaign encouraging people to submit a standard filing by 22 May, or reply comments until 22 June, condemning the proposal.

The organisation encourages submissions to outline the following:

* Protect Free Speech
* Oppose Discriminatory Labels
* Share Personal Impact
* Support Transgender People
* A Parent’s Perspective
* Media Industry Freedom

What are the similarities between Section 28 and FCC’s public notice

There are serious parallels between what the FCC is proposing in the US and Section 28 in 1988, demonstrating a concerning rollback in LGBTQ+ rights.

Through Section 28, governing officials prohibited local authorities and schools from “promoting homosexuality”, similar to the proposed LGBTQ+ “warning” system, which would allow parents to decide what their children do and do not consume.

Section 28 also framed LGBTQ+ content as something schools should avoid “promoting” to protect children, a concern the FCC says parents also have today regarding broadcasting.

The comparison raises concerns among LGBTQ+ advocates about the future of LGBTQ+ visibility in the US.

To submit a Standard Filing Form, you can visit the official Federal Communications Commission website.