Coming up: disclaimers for IPTV

Disclaimers likely will run at least once a day on Idaho Public Television, telling viewers that programs aren't meant to encourage crime and viewers should use discretion, the state Board of Education decided Thursday.

The vote was unanimous, but several board members said they took the step reluctantly at the bidding of state lawmakers. The vote will become final if no member objects at the board's August meeting.

"I think this whole thing is wrong," said board member Jim Hammond of Post Falls. "The only issue that has prompted all this work is programs dealing with homosexuality. ... We're jumping through a lot of hoops just because that one issue is a problem for some folks."

Some legislators were outraged over the airing last fall of "It's Elementary," a documentary that showed how some schools across the country try to promote tolerance for children whose parents are homosexual. Some critics said the program advocated a homosexual lifestyle.

Legislators reacted by tying strings to Idaho Public Television's state funding for the fiscal year that begins this week, requiring the state Board of Education to monitor controversial programming and banning any broadcasts that encourage the violation of Idaho criminal laws. The move made Idaho the only state in the nation trying to restrict public television programming through legislation.

"I will vote for this because I don't want to endanger further public television," Hammond said. "But I'm very frustrated, because I think that we are bending to a certain political view that really doesn't do anything to enhance the image of Idaho."

Hammond said mayors and city council members from across the state just wrapped up a Coeur d'Alene gathering where they committed to respecting diversity in Idaho.

"There have been programs on prostitution, drug issues, nobody is complaining about that," Hammond said. "But the minute something shows up that shows something about homosexuality, all of a sudden it's a major problem and we need to put further safeguards upon our public television broadcasting."

He added, "I think we're doing a disservice to the citizens of Idaho, and to the view that others have of us by doing this."

In addition to requiring the disclaimers, the new policy requires the state Board of Education to receive prior notice of programming decisions so it can "monitor and review such decisions as required by law." The policy also requires reports to the board from IPTV on viewer feedback about programs, and about programming in specific topic areas, including education, public safety, cultural and family enrichment, character education and documentaries.

State Superintendent of Schools Marilyn Howard said she saw some merit in the disclaimers.

"What we're doing with this is actually putting some responsibility on the viewers to watch and monitor the viewing that happens in their own households," Howard said. "This is a way to address these issues, recognizing that people have a right to watch what they choose, and it's our duty to let them know what's coming so they can make their choices."

Board member Curtis Eaton proposed the policy as a compromise with outgoing member Harold Davis, who favored stricter controls on public television.

Board member Rod Lewis said reviews of programs by the board will be criticized as political, so he proposed a citizen committee that would be assigned that task. However, the board rejected his plan on a 5-2 vote, with only Lewis and Pocatello board member Karen McGee backing it.

Other board members said a citizen committee could have some role, but shouldn't be able to censor. The board then agreed unanimously to form a subcommittee to study possible roles for a citizen panel.

The controversy was aggravated a month ago when a second documentary on the experience of children raised by homosexual parents was aired on public television. Like the first program, the show aired on public television stations across the country.

David Ferdinand of the Idaho Christian Coalition said he was satisfied with the board's action. The issue, he said, has always been the broadcast of programs he believes promote homosexuality by a publicly financed television station.

Idaho Public Television general manager Peter Morrill said the disclaimers would begin running as soon as the policy revisions were finalized.

Idaho American Civil Liberties Union head Jack Van Valkenburgh accused the board of "in effect validating the homophobia of some legislators," and said his group is still exploring whether to challenge the move in court.

Deputy Attorney General Kevin Satterlee presented a legal analysis supporting the new board policy, citing various federal court cases upholding the authority of public broadcasting outlets to exercise editorial discretion and choose program content.

The disclaimers would be run at least once a day and at other times where appropriate, likely before programs that could cause controversy. Eaton warned, however, that "education is inherently controversial if it is doing its job."

The Corporation for Public Broadcasting is reviewing Idaho's move, to see whether it conflicts with the federal laws that set up the public broadcasting system. Those laws were designed to insulate public television programming from political influence.

If Idaho's approach violates the federal law, the state could lose its federal grant funding, which makes up about 17 percent of IPTV's budget.

CPB spokeswoman Jeannie Bunton said Thursday, "It's still under review."

Idaho Public TV gets about 30 percent of its funding from the state and 53 percent from private donors.

PUBLIC TV

The disclaimers

The proposed disclaimers for Idaho Public Television programming are:

"Events and depictions appearing on this Idaho Educational Public Broadcasting System that are broadcast for the purpose of providing in-depth news coverage, documentaries and information valuable for Idaho citizens may at times show acts that, if committed in Idaho in reality, would be violations of Idaho criminal laws. The Idaho Educational Public Broadcasting System and the Idaho State Board of Education expressly offer such programs as part of IEPBS's highest priority of programming and not for the purpose of promoting, supporting or encouraging the violation of any Idaho criminal statutes."

"As a part of the Idaho Educational Public Broadcasting System's highest priority of programming in broadcast (among other things, in- depth news coverage, documentaries and information valuable for Idaho citizens), some content may be controversial. IEPBS and the State Board of Education encourage families to exercise decisions as to values important to them to determine whether to watch any IEPBS program. In order to assist families in making the decision, information about programming is available online, by phone and in writing."

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