Campaigns & Elections' Political Broadcast Manual - March 2008 - (Page 52)

The FCC’s modern stand with respect to all of these matters is to avoid involvement in editorial judgments and to assume an honest mistake unless the complainant presents direct evidence that the broadcaster had a deliberate intent to distort the news. To satisfy this standard requires testimony of an insider having direct personal knowledge of orders to falsify the news from the broadcaster, top management or news management. This is an extremely difficult burden to meet, and in fact was satisfied in only a single reported case, and that was in 1949. The FCC will not infer a deliberate intent to distort from the mere falsity of broadcast items or from circumstantial evidence of a broadcaster’s knowledge of falsity. An illustration of the lengths to which the FCC will resort to avoid a finding of news distortion is the famous case involving CBS’s “60 Minutes” accusation that General Westmoreland ordered enemy body counts to be exaggerated. CBS’s own investigation acknowledged that interviewee statements contradictory to a “conspiracy” premise were deliberately suppressed, interviewees were prepared for interviews in violation of CBS’s news gathering standards, interviews with persons who refuted the “conspiracy” premise were harsher in tone than supportive ones, the audience was not informed that a principal interviewee had been paid a substantial consulting fee, and the deceptive juxtaposition of various interview segments had created false impressions. Even then, the FCC found no intention to distort. XIX. Conclusion The FCC political broadcasting rules are complicated and confusing. This guide is designed to provide a general familiarity with their requirements and sensitize campaign staff to the issues. Because campaign seasons are generally biennial, you may find that many broadcasters are not fully familiar with these requirements, although they generally try to have at least some personnel assigned to the sale, production or scheduling of political time who are responsible for knowledge of the rules. Many political campaign advertising purchases are made in extremely limited time frames and with great urgency. To minimize the potential for errors and to utilize the FCC political broadcasting rules to the benefit of candidate campaigns, it is best to have an expert available for guidance in planning an advertising campaign and in preparing for direct negotiation with broadcasters. Also, campaigns can utilize their advertising budgets more effectively through a thorough knowledge of the various classes of time available to them. All too often, candidate campaigns buy the most expensive class of time (generally fixed position) due to the desire to reach a specific demographic audience at a precise time. Experienced political time buyers have learned that an informed knowledge of the various classes of time and their performance history at a particular station or class of stations can yield a more effective, albeit more complicated, advertising purchase. What to Do If You Have a Complaint If you need to make a complaint on behalf of a candidate, you should contact legal counsel immediately. Candidates and their attorneys need to know the information to which they are entitled and how to use it to their advantage. The candidate may need to be specific as to the dates, times and circumstances of the alleged infraction, and the campaign should be prepared to provide that data. The FCC strongly urges parties to settle disputes privately. In negotiating and formalizing any settlement of a dispute, care must be taken to ensure that the understanding is clear and legally effective. It should be noted in closing that political broadcasting is an area of law subject to rapid change. Moreover, it is not always apparent how to apply the principles we have described to specific factual situations. Therefore, it is essential to consult with counsel concerning specific problems or questions that may arise. 52 « March 2008

Table of Contents Feed for the Digital Edition of Campaigns & Elections' Political Broadcast Manual - March 2008

Campaigns & Elections' Political Broadcast Manual - March 2008 Contents Introduction – The Scope of the Political Broadcasting Rules “Legally Qualified” Candidates Reasonable Access “Uses” of Broadcast Facilities Exempt Programs Requests for Equal Opportunities Equal Opportunities Lowest Unit Charges The Disclosure Censorship of Uses Sponsorship Identification Political File Contents Access to the Political File The Fairness Doctrine Political Editorials Personal Attacks Issue Advertising News Distortion Conclusion

Campaigns & Elections' Political Broadcast Manual - March 2008

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