ESPN has been slapped with a hefty fine by the Federal Communications Commission (FCC) after improperly using an emergency alert sound during a broadcast. The network has been ordered to pay the maximum penalty allowed under federal regulations for the violation.
On Thursday, the FCC announced that ESPN will face a $146,976 fine for six separate violations that occurred in October 2023. The infractions stem from the network’s use of an emergency alert system (EAS) tone in non-emergency programming, a practice that is strictly prohibited except for actual emergencies, public service announcements (PSAs), and official tests of the system.
The FCC emphasized the seriousness of the violation, stating that ESPN “apparently willfully and repeatedly” broadcast the emergency alert tone outside of these permitted uses. The improper use of such sounds, according to the FCC, can confuse the public or desensitize viewers to real emergency alerts.
The government agency took to social media to humorously announce the fine on X (formerly Twitter), stating, “Penalty! ESPN faces a proposed FCC fine for using an emergency alert tone in a promo ad. Using this tone is out of bounds – it’s a public safety hazard to confuse or desensitize viewers to actual emergency alerts. As the refs for these important systems, we made the call.”
RELATED: NBA Fans Fight Each Other During Heat-Spurs Preseason Game
In a more formal statement, the FCC provided details of ESPN’s violations. According to the commission, the network aired the alert tone as part of a promotional spot that featured the sound for about two seconds, followed by a narrator saying, “We interrupt our programming to bring you this important message.” The FCC noted that the narrator used an exaggerated tone, adding to the confusion surrounding the promotional ad.
ESPN later admitted that the audio for the promo, including the EAS tone, was likely sourced from a publicly available YouTube video. According to the FCC, ESPN acknowledged that producers had reviewed the promo spot prior to airing but may not have realized that using the emergency alert tone was prohibited by law.
“ESPN admits that ESPN producers ‘likely … obtained the portion of the EAS Attention Signal recordings from a publicly available YouTube video,’ and that its producers, and potentially other ESPN production staff, reviewed the Promo Spot before its initial transmission in 2023,” the FCC’s statement read.
The sports network expressed regret over the incident and indicated plans to reevaluate its internal procedures to prevent similar issues in the future. “ESPN notes that it ‘is taking this opportunity to revisit its internal review processes and reeducate its personnel’ regarding the FCC’s EAS rules,” the statement added.
This is not ESPN’s first run-in with the FCC over improper use of emergency tones. In 2015, the network was fined $280,000 for playing EAS tones during promotional ads for the movie Olympus Has Fallen, and in 2021, they were penalized an additional $20,000 for using the sound in their 30 for 30 documentary Roll Tide/War Eagle.
The FCC highlighted ESPN’s history of violations in its decision, stating, “We find ESPN’s prior history of EAS violations to be a significant factor to consider in determining the proposed forfeiture in this case.”
ESPN now has 30 days to pay the fine or file a request to have it dismissed. The FCC has underscored the importance of keeping the use of emergency alert sounds strictly limited to actual emergencies or authorized tests to prevent confusion or misuse of the system.
“These types of violations can raise substantial public safety concerns by causing confusion and, in some cases, interfering with legitimate emergency uses,” the FCC said. “Today’s proposed fine reflects the FCC’s commitment to keep the lines clear when it comes to the proper use of tools broadcasters are entrusted with to assist the public during an emergency.”
The fine serves as a reminder to broadcasters of their responsibility to adhere to FCC regulations, especially when handling sensitive emergency alert systems intended to safeguard the public in times of crisis.
