Sirens On The Radio

This Is Not Ulysses!

Here's a neat idea for getting a lot of attention to a commercial: How about using a police or an air-raid siren to get everyone's attention really quick? There is some great siren audio in the sound effects library at most radio and TV stations. Remember, sirens can be so attractive that Homer strapped Ulysses to the mast to prevent his falling prey to them. And, hey! Congress is complaining about the volume in commercials being too loud; so can't we turn down the volume and grab attention with the siren.

In the 111th Congress, Representative Anna Eschoo [D-CA14] introduced the Commercial Advertisement Loudness Mitigation Act (CALM). It quickly garnered 90 cosponsors and passed the House on December 15th, 2009. A companion bill in the Senate, introduced by Sen. Sheldon Whitehouse [D-RI], attracted five cosponsors.

So a savvy ad executive comes to the station with the plan to ditch the loud commercials and get attention by opening the commercial with a siren. OK?

Well, no! Not a good idea to use the siren! Here's why....

In 1970 the FCC issued a public notice warning that broadcasters should act responsibly in connection with the use of sirens and other devices that might pose a hazard to the public -- and that broadcasters should be aware of possible adverse consequences. In that notice, the Commission reiterated that the selection and presentation of advertising and other promotional material is generally left to the editorial discretion of licensees. The Commission also emphasized that with that authority comes responsibility - the time-honored principle that the licensee is liable for what it broadcasts even extends to commercials.

The Commission reaffirmed that in its selection process a licensee must exercise responsibility under the public-interest standard by taking into account possible hazards to the public. Specifically, the Commission cautioned that a licensee should be aware of the possible adverse consequences from the use of sirens and other alarming sound effects. Excluded from its warning were sound effects which are integral parts of dramatic programs.

The Commission has applied this guidance in an enforcement action. In 1991, a station was fined for an on-air talent using an air-raid siren sound effect followed by two explosions and an EBS tone. That prank was not a case of trying to draw attention to a commercial, but the FCC used it to make its point about any device used as a signal of distress or emergency. The Commission cited Section 325(a) of the Communications Act, which states, in pertinent part:

No person within the jurisdiction of the United States shall knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent signals of distress, or communication relating thereto. . . .

The Commission made it clear that it will sanction a station for incorrect use of a siren or any other signal of emergency or distress.

Also to be considered is the potential for compounding the violation if the situation or prank could be considered a hoax broadcast. As mentioned in a prior article about hoax broadcasts, a false distress broadcast leads to public panic or a waste of emergency response resources, can leave the licensee in compromised situation and threaten the station license itself.

Bottom line: If you use a siren, you have to be very careful to make sure it cannot be considered the real thing by the public. So, why use it? It can only cause mischief.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.