Time evolves standards in media and entertainment. Certain norms become extinct, yet our acceptance of what was once considered profanity changes with time. There used to be a time when testing the boundaries was shocking. When Howard Stern was the “King of All Media,” pushing those boundaries was part of what made him controversial. Today, more is said and done publicly than ever before. It has become normalized within our daily media culture. Sports is no different.

In the last week, there have been hosts smoking weed on camera, drinking beer bongs and swearing on live television in front of national audiences. Yet, is there any enforcement of the standards governing live television? Are there fines and suspensions being levied? Or do we need to wait for someone to file a complaint with the FCC first? Welcome to the Wild West of sports media.

There was a lot made of Pat McAfee being allowed to swear on ESPN when the network signed the former punter to a licensing agreement. That was three years ago. Yet, there hasn’t been a fine or suspension. Last week, McAfee was enjoying some “sage” during a break on ESPN. It’s not the first time he has been on camera enjoying the herb. But again, nothing.

Sure, the FCC doesn’t oversee cable networks like ESPN. It’s not an over-the-air broadcast station.

When Nick Wright shotgunned a beer out of a celebratory Buffalo Bills beer horn on First Things First, even his co-hosts appeared a little startled by the notion.

“There’s new rules about what you’re allowed to smoke or drink on TV,” Wright said.

“Can you do that legally?” asked Wright’s co-host, Chris Broussard.

Good question. Can you legally drink alcohol on live television? I don’t know. Can you?

This weekend, Tom Brady, who makes $37.5 million per season at FOX Sports, blurted out, “Oh s**t” to a national television audience. Yes, he immediately apologized for the remark. But was it profane, or was it simply Tom Brady getting comfortable in the broadcast booth?

A Different Era

That question gets to the heart of the issue. What qualifies as unacceptable content has changed dramatically. Yet the regulatory framework governing traditional broadcast media has not evolved at the same pace.

The FCC restricts the broadcast of profane material during hours when there is a reasonable risk that children may be in the audience. Those rules apply to broadcast television and radio, but not in the same way to subscription-based services such as cable, satellite television or satellite radio.

That’s what the FCC says. But you don’t need a subscription to watch The Pat McAfee Show on YouTube. You don’t need a subscription to download a podcast from virtually any platform. You don’t need to pay for access to watch countless creators push the boundaries of language and content every day.

If the biggest distinction in applying these standards is whether a consumer receives the content through a traditional broadcast signal or an internet connection, the regulatory framework deserves another look.

More content is consumed online than ever before. Every social and streaming platform offers endless options for audiences to consume unfiltered dialogue. Yet broadcast radio and television talent remain guarded, with delays at the ready and restrictions that their competitors do not face.

It’s time for change.

Broadcast Freedom

If satellite radio and digital media have taught us anything, it’s that what was once considered profane can now be considered authentic. Audiences have the ability to determine when something goes too far. On-air personalities are capable of understanding what is and isn’t acceptable when engaging with an audience.

That doesn’t mean anything should go. There should always be standards, accountability and an understanding that certain content has no place in certain programming environments. But those standards should reflect the reality of the modern media landscape.

If networks and broadcasters continue pushing the boundaries across television, cable and digital media without meaningful consequences, it’s time to stop pretending broadcast media should play by a different set of rules.

The media landscape, audience, and definition of what is considered offensive or profane has changed. Yet broadcast radio and television remain bound by standards created for a media environment that no longer exists. If talent across cable, satellite radio, podcasts, YouTube and streaming platforms can speak freely without consequence, broadcast talent shouldn’t have to operate with one hand tied behind its back.

The industry has already evolved. The rules simply haven’t caught up. If broadcast media is going to compete for the same audience, it should at least be allowed to play by rules that reflect the media world we actually live in.

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