CHICAGO — Some say it has revolutionized the way we watch television. Instead of one-size-fits-all programming, on-demand cable services allow viewers to pick and choose what they want to watch, and when they want to watch it.
That is, unless you live in the village of South Holland, Ill.
In the small suburb of South Holland, many residents have Comcast cable but cannot get the company’s popular on-demand option. That signal is blocked.
As NBC5’s Lisa Parker reported, the block has raised questions about who defines a community standard and where does censorship begin?
The tiny suburb’s motto incorporates faith, family and future. But South Holland resident Lisa Kozlowski said you can add censorship to the list, after the village explained to her why she could not get Comcast’s on-demand service.
“They told me, ‘You can’t watch porn in South Holland,'” Kozlowski said.
Adult content is one of many on-demand offerings, and it triggers part of a franchise agreement the village signed with a former cable company in the 1990s.
The agreement reads, in part, “Franchisee shall not allow or make available for viewing any film rated ‘X’ … or any channel which is primarily devoted to films that are obscene under community standards.”Click here to find out more!
“I said, ‘That’s censorship,'” Kozlowski recalled. “I said, ‘You’re censoring us.’ And he goes right back to this franchise agreement over and over.”
Harvey Grossman, legal director of the Illinois American Civil Liberties Union said the franchise agreement isn’t on solid legal ground.
“The contract can’t waive the Constitution,” he said. “This kind of censorship — and it clearly is censorship — raises very serious constitutional issues.”
The ACLU successfully fought and won a similar battle with the town of Vernon Hills, Ill., more than 20 years ago.
South Holland village officials wouldn’t allow themselves to be videotaped, but they released a statement:
“In keeping with the prevailing community standards and the long established values associated with our motto of faith, family and future … the village has franchise agreements that protect these standards and values.”
The franchise contracts were signed long before on-demand services were developed. Kozlowski said much of on-demand content isn’t obscene.
“I don’t care about the porn. I don’t want to watch the porn. I just want on demand,” she said.
Comcast pointed out all households can control what is displayed through their cable service with built-in parental controls. Comcast said it would love to offer the service in South Holland, but it is complying with the terms of the unusual franchise agreement, which it inherited from AT&T broadband four years ago.
South Holland officials said they continue to urge Comcast to find a way to deliver on demand to its residents without the adult content.