Broadcasting false content during news programming. The applicant The applicant must demonstrate that it is qualified to construct and operate the station as specified in its It is, however, illegal for broadcasters to intentionally distort the news, and the FCC may act on complaints if there is documented evidence of such behavior from persons with direct personal knowledge. In an era of sweeping deregulation of broadcast content, the Federal Communications Commission has retained its rules against licensees' deliberately distorting news. For more information, please see our consumer guide. The FCC is prohibited by law from engaging in censorship or infringing on First Amendment rights of the press. new TV or radio station, it first must apply to the FCC for a construction permit. 3099067,We use cookies to improve your website experience. The FCC’s new rules allow operation of unlicensed “standard power” and “low power” transmitters (“access points”). While many dismissed his threat as empty, the FCC does have a news distortion policy and a broadcast hoax rule, either of which might be used to target fake news stories. Instead, the FCC has developed the policy through the adjudicatory process in decisions resolving challenges to broadcasters’ licenses. 1985) (describing one element of the FCC's requirements for news distortion claims); WGPR (No. ".Broadcasters may air disclaimers that clearly characterize programming as fiction to avoid violating FCC rules about public harm.The FCC is prohibited by law from engaging in censorship or infringing on First Amendment rights of the press. The expectation is that hundreds of millions of these devices would eventually be used for hotspot networks, rural broadband, and Wi-Fi routers in homes, schools, businesses, etc. The FCC has never published its news distortion policy as a regulation with definitive elements and defenses. The study concludes with recommendations for rethinking the distortion rules in light of their First Amendment implications and the dramatic changes in broadcast news since the FCC set its distortion policy over 30 years ago.Registered in England & Wales No. FCC, 778 F.2d 16, 20 (D.C. Cir. This article reviews the origins and codification of the distortion policy and presents the first quantitative analysis of the FCC's decisions in this area. The FCC reviews all complaints for possible violation of its rules, which are narrow in scope.The FCC prohibits broadcasting false information about a crime or a catastrophe if the broadcaster knows the information is false and will cause substantial "public harm" if aired.FCC rules specifically say that "the public harm: must begin immediately and cause direct and actual damage to property or the health or safety of the general public; or divert law enforcement or public health and safety authorities from their duties. This article reviews the origins and codification of the distortion policy and presents the first quantitative analysis of the FCC's decisions in this area. The results indicate that the distortion policy is a largely symbolic regulation. It is, however, illegal for broadcasters to intentionally distort the news, and the FCC may act on complaints if there is documented evidence of such behavior from persons with direct personal knowledge. 94-1027); Petition to Deny Ex 94-1027 To learn about our use of cookies and how you can manage your cookie settings, please see our,Register to receive personalised research and resources by email,The FCC's Broadcast News Distortion Rules: Regulation by Drooping Eyelid,/doi/pdf/10.1207/S15326926CLP0603_03?needAccess=true,Medicine, Dentistry, Nursing & Allied Health. The FCC occasionally receives complaints regarding allegedly false information aired on TV or radio. The Commission's evidentiary requirements, burden of proof, changing definition of news and sometimes arbitrary reasoning erect formidable barriers to complainants. Both the policy and the rule require elements in addition to the falsity of a story for a violation to have occurred, which narrow their applicability and help limit any chilling effect they might have. The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses to both present controversial issues of public importance and to do so in a manner that was—in the FCC's view—honest, equitable, and balanced.

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