CCP 05-23-1994 - Laserfiche WebLink

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- --------- --- - . '< CABLECASTING POLICIES AND PROCEDURES . Community access cable channels are a wonderful information resource, especially for smaller towns or cities located in rural or remote areas that tend to be ignored by the commercial broadcasters. Use of these channels, however, can sometimes be accompanied by controversy that can land a city in court. A good set of programming policies and procedures, consistently enforced, may not keep the city from being sued, but they can certainly bolster the city's defense. There are three broad categories of community access channels: public, educational and government, commonly known together as PEG Access. In some communities, each type of community access is assigned a separate channel, but many smaller communities use one channel for all three, lead~ng to some special concerns. With a public access channel, the most important considera- tion is the fact that, as a public forum, programming on the channel is protected by the First Amendment. The First Amendment was specifically drafted to prevent government interference with speech, and government includes city government. Attempts by city council to stifle pUblic access programming that they don't like could very well lead to a lawsuit. . Legally, the only speech restrictions on public access programming are commercials, libel or slander, and obscenity. The Supreme Court has a very explicit definition of obscenity that includes considering the merits and intent of the work as a whole. Just because a program is offensive doesn't mean it is obscene. To limit its liability for public access programming, the city should consider creating or appointing a separate board or commission to oversee the public access channel. The establish- ing document or contract between the city and the public access board should specifically release the city government, city officials and the cable company from any liability for program- ming. The public access board should be responsible for hiring and firing any staff, free from government direction and inter- ference, and for developing its own operating policies and procedures. In communities where public, educational and/or government access programming share one channel, complications arise from trying to combine two incompatible ideas -- the public forum vs. the content-controlled programming of government and educational access. So, a further step may be necessary. That step is to create separation between the different types of programming in order to enable the viewer to differentiate between the types of . community access. This separation can be accomplished by assign-