Arizona radio station airs PSA on how to hide child porn, triggering backlash, investigation

The Cochise County Sheriff's Office is investigating a southeast Arizona radio station after it aired a public-service announcement that officials say gave the public advice on how to hide child pornography. 

The PSA had been running on the CAVE (KAVV 97.7 FM), which broadcasts out of Benson, in the late evening and early-morning hours for almost two years, said Carol Capas, a Sheriff's Office spokeswoman.

Capas said the PSA told the public to “hide your child pornography from your computer by keeping all content on an external hard drive and hide it where no one can find it."

The PSA has since been taken off the air, Capas said.

A Change.org petition that calls for the station to be shut down in light of the PSA had 665 signatures as of Tuesday night.

The Sheriff's Office said station owner Paul Lotsof  "advised that possession of child pornography should not be illegal."

In an e-mail to The Arizona Republic, Lotsof said the PSA "does not condone child pornography in any way; it merely points out that the penalties for possession of child pornography are draconian," adding that he believes "the real victims are the people serving these incredibly long sentences."

Capas said the minors depicted in child pornography are the true victims. 

"It's so sickening to hear people say, 'A picture isn't a crime,' " Capas said. "It is a crime. Those children are victims of a crime."

Lotsof said the PSA's suggestions "serve to emphasize that the penalty provisions of the law — calling for 10 years’ imprisonment per image — are so extreme that the greater harm is in the enforcement of the law."

Another excerpt from the PSA instructed listeners to "never keep paper pictures, tapes or films of naked juveniles where anyone else can find them."

Capas said the Sheriff's Office is investigating whether the PSA violates Arizona law. 

"It's very disturbing to have that type of message go out from a media organization that in essence is providing instruction on how to break a law, specifically something as heinous as any type of child porn," Capas said. "You shouldn't have someone advising you, 'If you're gonna do this, this is how to get away with it.' "

Lotsof said that the PSA "does provide factual information and that information is perfectly accurate and important."

Capas said about 100 people had contacted the Federal Communications Commission about the PSA prior to the Sheriff's Office finding out about it this week from a member of the media. Capas said the investigation will be a combined effort between the Sheriff's Office, the County Attorney's Office and the FCC.

FCC officials could not be reached for comment late Tuesday.

According to a Tuesday statement from the Sheriff's Office: 

"Freedom of speech does not include telling people to commit crimes and continuing to pass on this information could lead to judicial action being taken. The Cochise County Sheriff’s Office is now aware of this activity and will continue to seek legal advice on actions that can be taken for the content that has already been released and to ensure this kind of information is not released again."

Lotsof said it's not the role of the Sheriff's Office to limit the release of information. 

"To do that would infringe on the precious freedom of speech, which includes the right to advocate against the enforcement of laws that are excessively severe," Lotsof said.

Lotsof said the Sheriff's Office was promoting prior restraint in its statement, which he called unconstitutional.

Capas said the Sheriff's Office's goal isn't to take away people's rights, but rather to protect the public from potential sex offenders.

Capas said there's "no such thing as 'just viewing child porn' " and said watching child porn could lead to other crimes like molestation or kidnapping. 

A meeting between the Sheriff's Office and the Cochise County Attorney's Office to discuss the matter is set for Wednesday, Capas added.