WASHINGTON—In response to an ongoing inquiry by the Federal Communications Commission to reexamine TV ratings for children’s programming, 68 Democrats in the House of representatives have sent a strongly worded letter to the agency’s Chair Brendan Carr strongly opposing any attempt by the regulator to add labels identifying content as containing transgender or LGBTQ+ themes.
“We write in response to your questions regarding TV ratings and programs that include gender identity themes or topics and to strongly oppose efforts to censor the inclusion of transgender characters or topics, including by rating programming differently just because it includes transgender people,” the June 22 letter stated.
In April, FCC's Media Bureau issued a new Public Notice seeking comments “on any changes that can or should be made to the TV Parental Guidelines age ratings system to ensure that it is responsive to the issues that parents confront today” in determining what programming is appropriate for their kids.
In that Notice, the FCC also asked if it should consider how the systems handles content related to LGBTQ+ and transgender people. That prompted comments from a number of conservative groups and Republican politicians arguing that the system should add labels identifying content with LGBTQ+ or transgender themes.
U.S. Sen Jim Banks (R-Ind.), Center for American Rights President Daniel Suhr and the Concerned Women for America, are among those calling for updates that would flag content with LGBTQ and transgender themes. Separately, 13 Republican state attorneys general filed comments urging the FCC to create a separate system where viewers could rate programs.
In response, the House Democrats wrote that "we are deeply concerned that the questions you pose, such as whether programs should be rated differently because they discuss gender identity, indicate that you believe there is a role for the FCC to play in determining these ratings—despite Congress’ preference that these ratings be determined by the industry and Congress explicitly stripping FCC of any authority to do so if the industry establishes such ratings (as they have). This request for comment appears to be an unlawful attempt by FCC to pressure broadcast licensees to censor content, including representation of transgender people, in their programming and just the latest political attempt of FCC to censor content the Administration does not agree with.”
“Any attempt by FCC to censor content because it includes transgender characters or topics would raise both legal and constitutional concerns,” the letter concluded. “As we previously highlighted, FCC lacks authority to prescribe guidelines and recommendations for TV ratings. The FCC is also barred from engaging in censorship or promulgating regulations or conditions that interfere with the right of free speech. Any attempt to issue rating warnings for depictions and themes related to transgender people would also raise concerns of content-based and viewpoint discrimination in violation of the First Amendment…[W]e urge the FCC to abandon any efforts to seek to impose higher ratings on programs or content warnings because the program includes transgender characters or topics. As FCC Commissioner Anna Gomez stated, `This is a solution in search of a problem, and another example of this Commission prioritizing culture war politics over the real issues that affect consumers every day.’”
In addition to the letter from the House Democrats, the public interest group Free Press has also urged the Federal Communications Commission to abandon its efforts to "silence the voices of the LGBTQ+ community."
The FCC issued a notice on April 22 to consider whether industry’s voluntary television-ratings system should apply warning labels to programs that feature transgender and nonbinary characters or discuss gender-identity themes. The group argued that the FCC has no authority to dictate these ratings, and that Carr "is merely trying to help Donald Trump further his anti-trans agenda."
In a filing responding to the agency’s inquiry, Free Press wrote that Carr’s proposal to attach warning labels to LGBTQ+ content makes a mockery of Congress’ mandate. The law stipulates that the FCC must allow the broadcast industry to develop its own ratings system, without federal intervention. “The agency should abandon this contrived and morally repugnant exercise, as it has no authority to suggest any changes to the TV ratings system,” reads Free Press’ filing.
