More on the FCC Fines
But I bring it up because it contains the offending "Without a Trace" broadcast that the FCC deemed worth a $3.6 million indecency fine. And aside from the fact that the clip quite clearly does not show any actual sex acts--it's a sort of writhing mass of teenagers lying on top of each other at a party, all clothed, and with no actual thrusting or any other movement that would suggest anything more than making out--it demonstrates the profound wrongness and idiocy of the people making decisions at the FCC.
According to the complaint, the broadcast's "background sounds, which include moaning, add to the graphic and explicit sexual nature of the depictions." When I read this, prior to having watched the clip, I assumed that it referred to sounds being made by the actors. And I think it is reasonable for the FCC to consider things like moaning in an indecency analysis. But, in fact, the moaning is clearly a part of the crappy club song being played over the footage. You don't actually hear the actors moaning, you just hear a song that includes moaning. In other words, the FCC found the broadcast to be indecent in part because of the soundtrack.
It may seem pedantic to point this stuff out, but these people are making decisions that are going to cost CBS and other station owners $3.6 million. It's a disgrace.