Rather, the standard is that of an average broadcast viewer or listener and not the sensibilities of any individual complainant. Nor is subject matter alone the basis for an indecency determination. The full context in which the material appeared must be considered in determining whether material is patently offensive. See Infinity Broadcasting Corp., supra. It is not sufficient, for example, to know simply that explicit sexual terms or descriptions were used.
Contextual determinations involve a host of potential variables.
The interplay of these variables will vary depending on the facts presented in any given case. Thus, all of the possible contextual factors that might bear on an evaluation of the patent offensiveness of any particular material cannot simply be cataloged comprehensively and applied mechanically. Accordingly, we reject North's contention that because the staff did not specifically list which elements of indecency were not present in its evaluation of his complaint concerning this particular showing of Schindler's List, the Commission, presumably by default, agrees with or concedes to his assessment that this material is patently offensive. Contrary to North's ultimate conclusions, nudity itself is not per se indecent. Finally, North's assertion that unless the broadcast of this programming is sanctioned, he faces the probability of exposure in the future to indecency over the airwaves does not present a basis for further action in this case.