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Should the FCC look into whether Fox News is really news?

November 20, 2009 4:05 pm ET by Eric Boehlert

John Amato at Crooks and Liars thinks so. His angle? With Fox News now routinely getting caught doctoring video and airing the misleading clips in its news reports, Amato thinks Rupert Murdoch's 'news' channel might be running afoul of FCC regulations.

Specifically, Amato points to this FCC language:

“Hoaxes.  The Commission's prohibition against the broadcast of hoaxes is set forth at Section 73.1217 of the Commission's rules, 47 C.F.R. § 73.1217.

This rule prohibits broadcast licensees or permittees from broadcasting false information concerning a crime or a catastrophe if: (1) the licensee knows this information is false; (2) it is foreseeable that broadcast of the information will cause substantial public harm; and (3) broadcast of the information does in fact directly cause substantial public harm.

UPDATED: Rupert Murdoch can likely rest easy. The FCC regulates broadcast television and radio, outlets that use the public airwaves. But the FCC does not regulate cable television.

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    • Author by shaggles (November 20, 2009 4:10 pm ET)
      7  
      Interesting. I doubt that the FCC would think over estimating the number of people at a Tea Party would cause substantial public harm though.
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      • Author by Don Hussein Fabuloso (November 20, 2009 4:14 pm ET)
        6  
        Shaggles, that's the condition that stood out to me as tough to prove. They're promoting the same failed politics that has badly damaged our economy and our nation's reputation, but showing beyond a doubt that their hype would cause substantial public harm sounds like a longshot.
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        • Author by bilbo_dies (November 20, 2009 4:30 pm ET)
          8  
          I do believe this is the "H.G. Wells War of the Worlds" provision.



          Since a lot of the Fox News segments seemed to fall in the Sci Fi/Fantasy catagory, I do believe this provision covers this.
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          • Author by Brabantio (November 20, 2009 9:00 pm ET)
            1  
            I do believe this is the "H.G. Wells War of the Worlds" provision.
            That's the example that came to my mind as well. Normally I think Amato is a good blogger, but the language here is ironclad:
            This rule prohibits broadcast licensees or permittees from broadcasting false information concerning a crime or a catastrophe if:
            That's about fearmongering that might inspire a panic or vigilante action. It's plain as day. The provisions make it even worse:
            (1) the licensee knows this information is false;
            The matter of whether this was intentional or not is pretty much common sense. The explanation isn't particularly likely, but it's technically possible. Proving intent is difficult.
            (2) it is foreseeable that broadcast of the information will cause substantial public harm
            "Harm" as related to partisan propaganda would always be "foreseeable". That's what propaganda is for, to create a false impression.
            (3) broadcast of the information does in fact directly cause substantial public harm.
            Again, any political misinformation could be argued to cause harm. The context is a story about a crime or a catastrophe.

            The update isn't even necessary, as far as I can see. Did Boehlert really think Amato had a point?
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        • Author by Limit Corp. Ownership (November 20, 2009 4:37 pm ET)
          5  
          I don't know,
          It seems to me that the gross violations of this so-called "news" organization can definitely be said to cause public harm.

          The FCC can just use what's documented here at Media Matters as ample reason to revoke Murdoch's license and shut down Fock News as a public health hazard.
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          • Author by DellDolly (November 20, 2009 9:38 pm ET)
            1  
            Despite what people said here in the past week or so the FCC doesn't regulate Cable like this.
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        • Author by smarshall1432997 (November 20, 2009 5:57 pm ET)
          3  
          Did you guys see the Glenn Beck Show today? If not, take a look at his first segment of the Show. Glenn Beck and his Guest were absolutely "frightening". Something must be done to stop FoxNews and Glenn Beck from "fanning" the flames of "hate" like they do 24/7. Just shameful, shameful, shameful.
          Report Abuse
    • Author by Major Tom (November 20, 2009 4:10 pm ET)
      7  
      Or maybe they should file themselves as a lobbyist org.
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    • Author by Don Hussein Fabuloso (November 20, 2009 4:10 pm ET)
      11  
      Then the FDA can investigate whether I Can't Believe It's Not Butter is really butter.
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      • Author by shaggles (November 20, 2009 4:14 pm ET)
        6  
        Thanks. That made me laugh.
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      • Author by Max Credits (November 20, 2009 4:29 pm ET)
        8  
        So few keystrokes, so much brilliance. Aces, Col.

        Fox I Can't Believe It's News
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        • Author by Don Hussein Fabuloso (November 20, 2009 7:34 pm ET)
          2  
          Thanks, Victor. I appreciate your low standards of brilliance, and think you should copyright that slogan before Fox does and sell it to them..
          Report Abuse
    • Author by bilbo_baggins (November 20, 2009 4:29 pm ET)
         
      This is a stretch!

      Is broadcasting false information illegal only if it involves crimes, etc.?
      Report Abuse
    • Author by raine315 (November 20, 2009 4:35 pm ET)
      4  
      The FCC will be on the case as soon as they finish reviewing the footage of Janet Jackson's Waldrobe Malfunction better known as Nipple Gate
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    • Author by terrapin53 (November 20, 2009 4:41 pm ET)
      2  
      That's a pretty big stretch when showing false Palin video and lying about our government.
      Report Abuse
    • Author by John Paradox (November 20, 2009 5:24 pm ET)
      2  
      Brings back memories of a local radio station that had its license pulled after a 'hoax' (do not remember details, but don't think it would have 'caused substantial public harm'). Ironically, it was the local EAS hub station.
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    • Author by lknowles (November 20, 2009 5:58 pm ET)
         
      I think you guys drank too much Kool-Aid?
      Report Abuse
    • Author by all your eyes (November 20, 2009 6:25 pm ET)
      3  
      You can make a strong case here, but of course the FCC would never consider it:

      Fox News' goal is clearly to discredit the Obama administration and the Democratic party for the purpose of electing Republicans to the national government.

      Fox News knowingly broadcasts false information as a means to this end.

      It is foreseeable, based on past experience, and based on the stated positions of the Republican party, that substantial public harm would result if Fox News succeeded in this endeavor.

      And broadcast of this false information has clearly caused substantial public harm, as evidenced by poll after poll showing mass confusion about health care, fiscal policy, detainee policy, etc.

      It's a weak case. And we know the Democrats and the administration want no part of any fight over talk radio and Fox News, despite the clear implications for the public interest.
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      • Author by all your eyes (November 20, 2009 6:28 pm ET)
        2  
        Ah, I have contradicted myself. Upon further consideration, I say it's a weak case. Lying is a part of politics. You can't stop them.

        What we need is Media Matters on cable. 8-10pm on MSNBC and 11pm-midnight on Comedy Central is not enough pushback. I want Media Matters on channel 65, between Fox News and CNN on my cable. Where is George Soros (and his pile of money) when you need him?
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    • Author by Meremark (November 20, 2009 6:58 pm ET)
      1  
      -
      The F.C.C. better investigate, SURE, if only to recover the fines the Commission may exact for broadcast violations. But MORE

      since FOX is the media department of a partisan political organization (the GOP), then the broadcast operating money IS all CAMPAIGN Contributions, trading stock in kind where the TV 'stock' so happens to be airtime ... and thousands or MILLIONS of dollars donated to the Republican Party.

      Which must be F.E.C. - Fed.Election.Comm. AUDITED.
      Report Abuse
    • Author by pete592 (November 20, 2009 7:03 pm ET)
      1  
      The FCC is too preoccupied coming down on toilet and locker room humor to stop and worry about the truth.
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    • Author by Mobius (November 20, 2009 7:18 pm ET)
         
      If memory serves me correctly, the FCC doesn't regulate cable news networks as they are not broadcasting over the airwaves.
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    • Author by michael.ramsey2397 (November 20, 2009 7:25 pm ET)
         
      Amato needs to re-read the provision in question. The rule prohibits broadcast licensees or permittees from broadcasting "false information concerning a crime or a catastrophe" under a certain set of circumstances. Thus, the broadcast must contain information regarding a crime or a catastrophe. Running faked footage of a Sarah Palin event, for example, would not qualify. If it does not involve a crime or catastrophe, it doesn't matter whether Fox knows it's false, whether it will cause substantial public harm, etc.

      This is pretty basic statutory interpretation, folks.
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    • Author by Publius39 (November 20, 2009 7:32 pm ET)
         
      I think they should force Fox News to change the name of the channel to something more befitting the quality of their broadcast, but they shouldn't be shut down. Even though they are idiotic, I think that it would be too much for the FCC to shut them down, and think about the massive backlash they would hear. All the talking heads would definitely play the media martyrdom role.
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    • Author by TripleD30 (November 20, 2009 10:38 pm ET)
         
      I hate Fox News just as much as the rest of the people who are regulars to Media Matters, but Amato is REALLY reaching with this one. I've often wondered how Fox News can get away with all the lies, and distortions they have running on their network daily. I really do think that when a news network chooses to mislead their viewers, it can have a negative effect on our country. I've watched clips of Fox News that cover just the last 2 years since President Obama announced he was running for President, and it really started to bother me. One thing that I started to think about was "If this many Americans, who get all their news from Fox News Channel, can have their political views skewed so far from the truth, what is happening to the Country's who are pulling clips from Fox News stories and showing it to their viewers as news from America?" What made me think about this was a story I saw about the war Between Russia & Georgia. A girl was rescued by Russian troops who helped get her to safety. Fox News, who Dislikes Russia VERY MUCH, was trying to paint the Russian troops as villians. The girl and her aunt went to great length to explain to the viewers, even tho Shep Smith did his best to cut them off as the started playing music to get them to commerical break, that the Russian troops took her to safety. This FNC story then made it on to Russian TV News, who did a story about how Fox News Channel CENSORED the young girl an her aunt. What does that say to other countries about America? Who hear America proclaim how great our country is. How we're the IDEAL form of Government, because of our freedoms. Most importantly, Freedom of Speech.
      I understand that the FCC has no authority over Cable News. Aren't these laws just a little bit out of date? It's easy to see that the FCC's authority over Cable News, like many other regulatory authorities over systems in America, is far far behind where they need to be. Over the last decade, Cable News' influence on where Americans get their news has climbed right up there with Network News. Why should they be held to a lower standard than the FCC holds CBS, ABC, and NBC News? Until & Unless the FCC starts having the same authority over Cable News as they do over Network News, than we are going to see a deeper divide in our Country grow as time goes on when it comes to the Policies and Laws that our Country tries to move forward with. Eventually, nothing will get done in Congress due to our Politicians being affraid to vote one way or another. They'll get slammed from one side or the other on Cable News. Plus, don't forget the negative effect misleadig news stories and commentary will have on how the rest of the world views America.
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    • Author by nikkel (November 21, 2009 12:19 am ET)
         
      I don't understand, We need to speak out against Glen Beck and Hannity. The rhetoric is getting really dangerous for our president. The billboards and other signs. This is scary. I think the Justice Department need to step in. I telling you I have a BAD feeling about what's going on. I pray for our President but we need to step up to the plate. Beck is calling for a revolution against the government. If this had been any other administration the arrest would have been made already. This is TREASON folks. Let's do something!
      Report Abuse
    • Author by pilotx (November 21, 2009 2:27 am ET)
      1  
      I have to agree with Mike Papantonio on this one. We should leave Fox alone because it really doesn't reach that wide of an audience and we know who they are but we should be concerned about the right wing hate broadcast on our public airwaves that we pay for. Fox is a private enterprise but the AM stations that carry Savage and Limbaugh are pubically owned. In my town, Chicago, Limbaugh is carried on an ABC affiliated station. Why are we letting ABC get away with carrying this racist bimbo but giving Fox a hard time. The major networks and talk radio reach many times more viewers and listeners than Fox news could dream of reaching.
      Report Abuse
      • Author by jeffro (November 21, 2009 1:22 pm ET)
           
        Let's do a...
        "Pap Attack" on these stations for their Support of these propagandists!
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      • Author by political_left-religious_right (November 21, 2009 3:06 pm ET)
           
        pubically owned

        Don't go there, pilotx!
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  • County Fair is a media blog featuring links to progressive media criticism from around the Web as well as original commentary, breaking news and rapid response updates to major media events from Media Matters senior fellows and other staff.