NCTV to debate rebuttal policy Wednesday

  It's not about Israel. It's not about Palestine.

  And although a program presenting one viewpoint of the conflict between Palestine and Israel has stirred up debate at Naperville's community-access television station, it's not about the quality of that program.

  On Wednesday, NCTV's board of directors will convene to discuss whether the station should be required to keep programs with hateful speech or propaganda off the air until groups targeted in those programs produce a rebuttal show.

  "The local issue is how we handle controversial programs," said David Miller, president of NCTV's board. "Whether they're anti-Semitic, anti-African-American, anti-Christian, anti-gay, anti-abortion rights ... all those issues would fall into this kind of a category. That's what we're trying to reach a conclusion on."

The issue

  As the station's policy now stands, most programs qualify for airing as long as they don't contain pornography or profanity or blatantly call citizens to violent or destructive action.

  The two programs in question — taped speeches at a meeting of The End the Occupation Coalition at a Naperville church — don't violate NCTV's regulations regarding content, Miller said. But residents Kanan and Vivian Rosenstein and others felt the first speech, which aired in April, contained language that expressed "admiration and support" for suicide bombers.

  NCTV policy allows the Rosensteins or any other group to tape a rebuttal program and submit it for broadcast. However, residents have to take classes certifying them as producers before their first program can run, Vivian Rosenstein said during NCTV board meetings in May.

  "This program may take months to produce," she said at the time, "and under present policy would air months later and in isolation of the original program, where it would have had the greatest impact."

  Kanan Rosenstein felt NCTV could reject programs deemed to contain hateful speech or propaganda based on its First Amendment rights. But he asked that the station consider a policy of contacting targeted groups when a controversial tape is submitted so both programs could run together, provided the targeted group submits a tape of its own within a suitable time frame.

  "Presently NCTV puts the burden on every minority to daily monitor and respond to whatever paid propaganda program NCTV chooses to air," he said in a phone interview in May. "And we feel this is an unnecessary burden, given the fact that under the First Amendment, which grants freedom of the press, NCTV has the freedom to decide what programs to broadcast and what not to broadcast, as every other broadcaster makes that decision daily."

  In response to the Rosensteins' proposal, NCTV put on hold the second program, titled "Life in the Occupied Territories," until the board could formulate a policy decision. The action upset the program's producer, John Bagley, who has aired several programs on NCTV dealing with social concerns over the last decade.

  "I absolutely deny that my video has anything to do with hate and propaganda, and I'm a little bit perturbed that no one gave me the chance to say it," he said in a phone interview in May.

  Calls Friday seeking comment from Bagley and Kanan Rosenstein were not returned.

  Bagley was worried that a difference in opinion might be keeping his program off the air. He worried that any further concessions by NCTV could stifle public access.

  "I'm glad that there is something like community-access television for people to express those views," he said. "And if other people want to express their views, that's fine. But to characterize my program and to want to censor it in advance seems to me unacceptable."

  Bagley thought it would be problematic for NCTV to have to contact every group with differing opinions. But Rosenstein disagreed and said the effort would be well worth it.

  "Our fears are already being vindicated," he said during the last week of May, when Bagley was preparing to tape a third speech. "Three programs are in the works while we have yet to respond — and without notice."

The station

  NCTV officials know they have a big issue on their hands. During board meetings, members of the station are permitted time to comment on key issues. For Wednesday's meeting, the time has been extended to the public, said Bob Copenhaver, the station's interim executive director.

  There are many issues to weigh, Miller said, including whether the station has a right to hold any program that meets its regulations. The station was conferring with lawyers and checking federal rules, he said.

  "(NCTV is asking) what we as a private, not-for-profit corporation can do, what are our obligations?" Miller said. "TV stations in general routinely don't air programs that they don't want to. ... Years ago, stations refused to show (the African-American miniseries) 'Roots.' There are some local affiliates that don't show 'Will and Grace' (a situation comedy that depicts openly homosexual male friends).

  "But we are somewhat different in that we are identified as a public-access station. So the question, really, is what can we as a public access station not air if we so choose not to air it?"

  There are other difficulties in moving forward with a policy to notify all targets of controversial programs, Miller said.

  "This is not just the Middle Eastern problem," he said. "It could happen in any situation where someone were to bring us a program that was somewhat controversial or where it's obvious that there may be a difference of opinion. But that's the other issue — how do we identify those programs? Who has the ultimate responsibility of deciding, 'Uh-oh, we better notify someone.' We wouldn't know who that is at this point."

  On Wednesday, NCTV could take the first steps to finding out — or continue its current policy.

  Contact staff writer Colt Foutz at cfoutz@scn1.com or (630) 416-5196.

06/15/03