FCC Imposes Fine on ESPN for Inappropriate Emergency Alert Tone Usage
The U.S. Federal Communications Commission (FCC) has suggested a substantial fine of $6,976 against ESPN, a division of Walt Disney, for the incorrect application of emergency alert system (EAS) tones. This proposed fine follows ESPN’s admission of using these tones six times between October 20 and 24, 2023, during marketing segments relating to the 2023-2024 NBA season on two of its networks.
This infraction is categorized under the FCC’s section 11.45(a) broadcasting regulations, which categorically forbid the use of EAS tones outside of genuine emergencies. The reasoning for this rule is to avert public confusion and ensure the alert system’s efficacy in real emergency situations. The misuse of these tones can pose considerable risks to public safety, as it may desensitise the audience or trigger unnecessary alarm.
Loyaan A. Egal, Chief of the FCC Enforcement Bureau, reiterated the gravity of the infraction, remarking, “Broadcasting EAS Tones without a real emergency present is serious business.” Egal further pointed out that such violations could disrupt credible emergency transmissions, reaffirming the FCC’s dedication to preserving the integrity of the alert system. The penalty levied against ESPN represents the highest fine permissible by law, indicating the FCC’s determination to prevent future infractions.
Continuous Violations Across Various Networks
ESPN is not the only network facing sanctions for the improper use of emergency alert tones. Several other prominent networks have also been targeted by the FCC for analogous violations, pointing to a larger problem within the broadcasting sector. The pattern of erroneously deploying these tones has resulted in significant penalties industry-wide, with some networks incurring even more severe fines than ESPN.
In 2019, ABC, another network under the Walt Disney umbrella, was fined $5,000 for employing emergency alert tones during an episode of “Jimmy Kimmel Live!” The tones were included as part of a comedic bit; however, the FCC did not find this amusing, citing the same public safety issues as in ESPN’s situation. This fine was one of the most substantial imposed for such a breach, highlighting the FCC’s zero-tolerance stance.
AMC Networks also encountered difficulties in 2019, when it faced a $4,000 fine for utilizing alert tones in an episode of the popular series “The Walking Dead.” The network had woven the tones into a scene to amplify the tension, but the FCC deemed this a clear violation of its rules. Likewise, Discovery, owned by Warner Bros., incurred a $7,000 penalty for using the tones in an episode of Animal Planet’s “Lone Star Law.”
These ongoing violations imply that broadcasters may not fully comprehend the seriousness of misusing emergency alert tones, or they may choose to risk it for the sake of creative expression. Nonetheless, the FCC’s unwavering enforcement and the hefty fines imposed suggest that the regulatory body will not overlook these offenses. For broadcasters in Australia, this acts as a warning. While the Australian Communications and Media Authority (ACMA) has its own regulations, the global trend toward tightening controls on emergency system misuse is an issue that local networks should consider, especially as cross-border content and media collaborations become increasingly common.
