The following is an excerpt from
the Federal Communications Commission (FCC)'s online and written publication
entitled
THE PUBLIC AND BROADCASTING:How to Get the Most
Service from Your Local Station, Revised July 2008.
All KPHI dj's and program directors are advised to read the following, and if
possible read the entire publication by clicking here. If you would like to
download the publication, it is available
here in pdf format. We have
highlighted those topics most applicable to KPHI. This section is here to
provide our dj's with the basic rules of broadcasting and to emphasize our
commitment to responsible broadcasting. Maraming salamat, po.
BROADCAST PROGRAMMING: BASIC LAW AND POLICY
The FCC and Freedom of Speech. The First
Amendment, as well as Section 326 of the Communications Act, prohibits the
Commission from censoring broadcast material and from interfering with freedom
of expression in broadcasting. The Constitution’s protection of free speech
includes that of programming that may be objectionable to many viewer or
listeners. Thus, the FCC cannot prevent the broadcast of any particular point of
view. In this regard, the Commission has observed that “the public interest is
best served by permitting free expression of views.” However, the right to
broadcast material is not absolute. There are some restrictions on the material
that a licensee can broadcast. We discuss these restrictions below.
Licensee Discretion. Because the Commission
cannot dictate to licensees what programming they may air, each individual radio
and TV station licensee generally has discretion to select what its station
broadcasts and to otherwise determine how it can best serve its community of
license. Licensees are responsible for selecting their entertainment
programming, as well as programs concerning local issues, news, public affairs,
religion, sports events, and other subjects. As discussed at page 29 of this
Manual, broadcast licensees must periodically make available detailed
information about the programming that they air to meet the needs and problems
of their communities, which can be found in each station public file. They also
decide how their programs will be structured and whether to edit or reschedule
material for broadcasting. In light of the First Amendment and Section 326 of
the Communications Act, we do not substitute our judgment for that of the
licensee, nor do we advise stations on artistic standards, format, grammar, or
the quality of their programming. Licensees also have broad discretion regarding
commercials, with the exception of those for political candidates during an
election and the limitations on advertisements aired during children’s
programming (we discuss these respective requirements at pages 13-14, and 17 of
this Manual).
Criticism, Ridicule, and Humor Concerning
Individuals, Groups, and Institutions. The First Amendment's guarantee of
freedom of speech similarly protects programming that stereotypes or may
otherwise offend people with regard to their religion, race, national
background, gender, or other characteristics. It also protects broadcasts that
criticize or ridicule established customs and institutions, including the
government and its officials. The Commission recognizes that, under our
Constitution, people must be free to say things that the majority may abhor, not
only what most people may find tolerable or congenial. However, if you are
offended by a station’s programming, we urge you to make your concerns known to
the station licensee, in writing.
Programming Access. In light of their discretion
to formulate their programming, station licensees are not required to broadcast
everything that is offered or otherwise suggested to them. Except as required by
the Communications Act, including the use of stations by candidates for public
office (discussed at pages 13-14 of this Manual), licensees have no obligation
to allow any particular person or group to participate in a broadcast or to
present that person or group’s remarks.
BROADCAST PROGRAMMING: LAW AND POLICY ON
SPECIFIC KINDS OF PROGRAMMING
Broadcast Journalism
Introduction. As noted above, in light of the
fundamental importance of the free flow of information to our democracy, the
First Amendment and the Communications Act bar the FCC from telling station
licensees how to select material for news programs, or prohibiting the broadcast
of an opinion on any subject. We also do not review anyone’s qualifications to
gather, edit, announce, or comment on the news; these decisions are the station
licensee’s responsibility. Nevertheless, there are two issues related to
broadcast journalism that are subject to Commission regulation: hoaxes and news
distortion.
Hoaxes. The broadcast by a station of false
information concerning a crime or catastrophe violates the FCC's rules if:
· the station licensee knew that the information
was false,
· broadcasting the false information directly
causes substantial public harm, and
· it was foreseeable that broadcasting the false
information would cause such harm.
In this context, a “crime” is an act or omission
that makes the offender subject to criminal punishment by law, and a
“catastrophe” is a disaster or an imminent disaster involving violent or sudden
events affecting the public. The broadcast must cause direct and actual damage
to property or to the health or safety of the general public, or diversion of
law enforcement or other public health and safety authorities from their duties,
and the public harm must begin immediately. If a station airs a disclaimer
before the broadcast that clearly characterizes the program as fiction and the
disclaimer is presented in a reasonable manner under the circumstances, the
program is presumed not to pose foreseeable public harm. Additional information
about the hoax rule can be found on the FCC’s website at
http://www.fcc.gov/cgb/consumerfacts/falsebroadcast.html
News Distortion. The Commission often receives
complaints concerning broadcast journalism, such as allegations that stations
have aired inaccurate or one-sided news reports or comments, covered stories
inadequately, or overly dramatized the events that they cover. For the reasons
noted above, the Commission generally will not intervene in such cases because
it would be inconsistent with the First Amendment to replace the journalistic
judgment of licensees with our own. However, as public trustees, broadcast
licensees may not intentionally distort the news: the FCC has stated that
“rigging or slanting the news is a most heinous act against the public
interest.” The Commission will investigate a station for news distortion if it
receives documented evidence of such rigging or slanting, such as testimony or
other documentation, from individuals with direct personal knowledge that a
licensee or its management engaged in the intentional falsification of the news.
Of particular concern would be evidence of the direction to employees from
station management to falsify the news. However, absent such a compelling
showing, the Commission will not intervene. For additional information about
news distortion, see http://www.fcc.gov/cgb/consumerfacts/journalism.html.
Political Broadcasting: Candidates for Public
Office. In recognition of the particular importance of the free flow of
information to the public during the electoral process, the Communications Act
and the Commission’s rules impose specific obligations on broadcasters regarding
political speech.
· Reasonable Access. The Communications Act
requires that broadcast stations provide “reasonable access” to candidates for
federal elective office. Such access must be made available during all of a
station’s normal broadcast schedule, including television prime time and radio
drive time. In addition, federal candidates are entitled to purchase all classes
of time offered by stations to commercial advertisers, such as preemptible and
non-preemptible time. The only exception to the access requirement is for bona
fide news programming (as defined below), during which broadcasters may choose
not to sell airtime to federal candidates. Broadcast stations have discretion as
to whether to sell time to candidates in state and local elections.
· Equal Opportunities. The Communications Act
requires that, when a station provides airtime to a legally qualified candidate
for any public office (federal, state, or local), the station must “afford equal
opportunities to all other such candidates for that office.” The equal
opportunities provision of the Communications Act also provides that the station
“shall have no power of censorship over the material broadcast” by the
candidate. The law exempts from the equal opportunities requirement appearances
by candidates during bona fide news programming, defined as an appearance by a
legally qualified candidate on a bona fide newscast, interview, or documentary
(if the appearance of the candidate is incidental to the presentation of the
subject covered by the documentary) or on–the–spot coverage of a bona fide news
event (including debates, political conventions and related incidental
activities).
In addition, a station must sell political
advertising time to certain candidates during specified periods before a primary
or general election at the lowest rate charged for the station’s most favored
commercial advertiser. Stations must maintain and make available for public
inspection, in their public inspection files, a political file containing
certain documents and information, discussed at page 28 of this Manual. For
additional information about the political rules, see
http://www.fcc.gov/mb/policy/political
Objectionable Programming
Programming Inciting “Imminent Lawless Action.”
The Supreme Court has held that the government may curtail speech if it is both:
(1) intended to incite or produce “imminent lawless action;” and (2) likely to
“incite or produce such action.” Even when this legal test is met, any review
that might lead to a curtailment of speech is generally performed by the
appropriate criminal law enforcement authorities, not by the FCC.
Obscene, Indecent, or Profane Programming.
Although, for the reasons discussed earlier, the Commission is generally
prohibited from regulating broadcast content, the courts have held that the
FCC’s regulation of obscene and indecent programming is constitutional, because
of the compelling societal interests in protecting children from potentially
harmful programming and supporting parents’ ability to determine the programming
to which their children will be exposed at home.
Obscene material is not protected by the First
Amendment and cannot be broadcast at any time. To be obscene, the material must
have all of the following three characteristics:
an average person, applying contemporary
community standards, must find that the material, as a whole, appeals to the
prurient interest;
the material must depict or describe, in a
patently offensive way, sexual conduct specifically defined by applicable law;
and
the material, taken as a whole, must lack
serious literary, artistic, political, or scientific value.
Indecent material is protected by the First
Amendment, so its broadcast cannot constitutionally be prohibited at all times.
However, the courts have upheld Congress' prohibition of the broadcast of
indecent material during times of the day in which there is a reasonable risk
that children may be in the audience, which the Commission has determined to be
between the hours of 6 a.m. and 10 p.m. Indecent programming is defined as
“language or material that, in context, depicts or describes, in terms patently
offensive as measured by contemporary community standards for the broadcast
medium, sexual or excretory organs or activities.” Broadcasts that fall within
this definition and are aired between 6 a.m. and 10 p.m. may be subject to
enforcement action by the FCC.
Profane material also is protected by the First
Amendment, so its broadcast cannot be outlawed entirely. The Commission has
defined such program matter to include language that is both “so grossly
offensive to members of the public who actually hear it as to amount to a
nuisance” and is sexual or excretory in nature or derived from such terms. Such
material may be the subject of possible Commission enforcement action if it is
broadcast within the same time period applicable to indecent programming:
between 6 a.m. and 10 p.m.
How to File an Obscenity, Indecency, or Profanity
Complaint: In order to allow its staff to make a determination of whether
complained-of material is actionable, the Commission requires that complainants
provide certain information: (1) the date and time of the alleged broadcast; (2)
the call sign, channel or frequency of the station involved; and (3) the details
of what was actually said (or depicted) during the alleged indecent, profane, or
obscene broadcast. Submission of an audio or video tape, CD, DVD or other
recording or transcript of the complained-of material is not required but is
helpful, as is specification of the name of the program, the on-air personality,
song, or film, and the city and state in which the complainant saw or heard the
broadcast.
The fastest and easiest way to file a complaint
containing this information is to use the FCC’s electronic complaint form, Form
475B, which is available on the FCC’s website at
You also may file a complaint about objectionable
programming by mailing it to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, S.W.
Washington, D.C. 20554.
If you are submitting an audio or video tape,
DVD, CD or other type of media with your complaint, you should send it to the
following address to avoid mail processing damage:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
9300 East Hampton Drive
Capitol Heights, Maryland 20743.
You can also electronically file your complaint
at fccinfo@fcc.gov
You may also complain by calling the Commission,
toll-free, at:
1-(888)-CALL-FCC (1-(888)-225-5322) (Voice)
1-(888)-TELL-FCC (1-(888)-835-5322) (TTY)
For additional information on the complaint
process for obscene, indecent or profane material, visit
http://www.fcc.gov/eb/oip
Violent Programming. Many members of the public
have expressed concern about violent television programming and the negative
impact such broadcast material may have upon children. In response to these
concerns, and at the request of 39 members of the U.S. House of Representatives,
the FCC conducted a proceeding seeking public comment on violent programming. In
April 2007, the Commission delivered to Congress a Report recommending that the
industry voluntarily commit to reducing the amount of such programming viewed by
children. The Commission also suggested that Congress consider enacting
legislation that would better support parents’ efforts to safeguard their
children from such objectionable programming. The Commission’s Report can be
accessed at
http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-50A1.pdf.
The V-Chip and TV Program Ratings. In light of
the widespread concern about obscene, indecent, profane, violent, or otherwise
objectionable programming, in 1996, Congress passed a law to require TV sets
with screens 13 inches or larger to be equipped with a “V-Chip” – a device that
allows parents to program their sets to block TV programming that carries a
certain rating. Since 2000, all such sets manufactured with screens 13 inches or
larger must contain the V-Chip technology. This technology, which must be
activated by parents, works in conjunction with a voluntary television rating
system created and administered by the television industry and others, which
enables parents to identify programming containing sexual, violent, or other
content that they believe may be harmful to their children. All of the major
broadcast networks and most of the major cable networks are encoding their
programming with this ratings information to work with the V‑Chip. However, some
programming, such as news and sporting events, and unedited movies aired on
premium cable channels, are not rated. In 2004, the FCC expanded the V-Chip
requirement to apply also to devices that do not have a display screen but are
used with a TV set, such as a VCR or a digital-to-analog converter box.
Station Identification. Stations must air
identification announcements when they sign on and off for the day. They also
must broadcast these announcements every hour, as close to the start of the hour
as possible, at a natural programming break. TV stations may make these
announcements on-screen or by voice only. Official station identification
includes the station’s call letters, followed by the community specified in its
license as the station’s location. Between the call letters and its community,
the station may insert the name of the licensee, the station’s channel number,
and/or its frequency. It may also include any additional community or
communities, as long as it first names the community to which it is licensed by
the FCC. DTV stations also may identify their digital multicast programming
streams separately if they wish, and, if so, must follow the format described in
the FCC’s rules.
Commencing as of a date to be determined, for
television stations, twice daily, the station identification will also have to
include a notice of the existence, location and accessibility of the station’s
public file The notice will have to state that the station’s public file is
available for inspection and that members of the public can view it at the
station’s main studio and on its station website. Broadcast of at least one of
these announcements will be required between the hours of 6 p.m. and midnight.
Children’s Television Programming. Throughout its
license term, every TV station must serve the educational and informational
needs of children both by means of its overall programming and through
programming that is specifically designed to serve those needs. Licensees are
eligible for routine staff-level approval of the Children’s Television Act
portion of their renewal applications if they air at least three hours of “core”
children’s television programming, per week, or proportionally more if they
provide additional free digital programming streams. Core programming is defined
as follows:
· Educational and Informational. The programming
must further the educational and informational needs of children 16 years old
and under (this includes their intellectual/cognitive or social/emotional
needs).
· Specifically Designed to Serve These Needs. A
program is considered “specifically designed to serve the educational and
information needs of children” if: (1) that is its significant purpose; (2) it
is aired between the hours of 7 a.m. and 10 p.m.; (3) it is a regularly
scheduled weekly program; and (4) it is at least 30 minutes in duration.
To ensure that parents and other interested
parties are informed of the educational and informational children’s programming
that their area stations offer, television licensees must identify each program
specifically designed to “educate and inform” children by displaying the icon
“E/I” throughout the program. In addition, commercial stations must provide
information identifying such programs to the publishers of program guides.
During the broadcast of TV programs aimed at
children 12 and under, advertising may not exceed 10.5 minutes an hour on
weekends and 12 minutes an hour on weekdays.
These rules apply to analog and digital
broadcasting. As discussed at page 9 of this Manual, television stations have
traditionally operated with analog technology. Television stations, however, are
in the process of switching to digital broadcasting, which greatly enhances
their capability to serve their communities. Among other things, digital
technology permits stations to engage in multicasting, that is, to air more than
one stream of programming at the same time. Digital stations that choose to air
more than one stream of free, over-the-air video programming must air
proportionately more children’s educational programming than stations that air
only one stream of free, over-the-air video programming.
Each television licensee is required to prepare
and place in the public inspection file at the station a quarterly Children’s
Television Programming Report (FCC Form 398) identifying its core programming.
These reports must also be filed electronically with the FCC each quarter and
can be viewed on the FCC’s website, at http://www.fcc.gov/mb/engineering/kidvid.
This requirement of the station’s public file is discussed at page 29 of this
Manual.
The FCC has created a children’s educational
television website to inform parents and other members of the public about the
obligation of every television broadcast station to provide educational and
informational programming for children. This website provides access to
background information about these obligations, as well as information about
children’s educational programs that are aired on television stations in your
area and throughout the country. This website also can help TV stations comply
with the children’s television requirements. You can access the children’s
educational television website by going to the FCC’s main website at
http://www.fcc.govand double-clicking on the “Parents’ Place” listing under “Consumer Center” on
the FCC home page. Alternatively, you can go directly to the children’s
television website at http://www.fcc.gov/parents/childrenstv.html
Station-Conducted Contests. A station that
broadcasts or advertises information about a contest that it conducts must fully
and accurately disclose the material terms of the contest, and must conduct the
contest substantially as announced or advertised. Contest descriptions may not
be false, misleading, or deceptive with respect to any material term, including
the factors that define the operation of the contest and affect participation,
such as entry deadlines, the prizes that can be won, and how winners will be
selected. Additional information about the contest rule can be found at
http://www.fcc.gov/cgb/consumerfacts/contests.html
Lotteries. Federal law prohibits the broadcast of
advertisements for a lottery or information concerning a lottery. A lottery is
any game, contest, or promotion that contains the elements of prize, chance, and
"consideration" (a legal term that means an act or promise that is made to
induce someone into an agreement). For example, casino gambling is generally
considered to be a “lottery” subject to the terms of the advertising restriction
although, as discussed below, the prohibition is not applied to truthful
advertisements for lawful casino gambling. Many types of contests, depending on
their particulars, also are covered under this definition.
The statute and FCC rules list a number of
exceptions to this prohibition, principally advertisements for: (1) lotteries
conducted by a state acting under the authority of state law, when the
advertisement or information is broadcast by a radio or TV station licensed to a
location in that state or in any other state that conducts such a lottery; (2)
gambling conducted by an Indian Tribe under the Indian Gaming Regulatory Act;
(3) lotteries authorized or not otherwise prohibited by the state in which they
are conducted, and which are conducted by a not‑for‑profit organization or a
governmental organization; and (4) lotteries conducted as a promotional activity
by commercial organizations that are clearly occasional and ancillary to the
primary business of that organization, as long as the lotteries are authorized
or not otherwise prohibited by the state in which they are conducted.
In 1999, the Supreme Court held that the
prohibition on broadcasting advertisements for lawful casino gambling could not
constitutionally be applied to truthful advertisements broadcast by radio or
television stations licensed in states in which such gambling is legal. Relying
upon the reasoning in that decision, the FCC and the United States Department of
Justice later concluded that the lottery advertising prohibition may not
constitutionally be applied to the broadcast of any truthful advertisements for
lawful casino gambling, whether or not the state in which the broadcasting
station is located permits casino gambling. Additional information about the
rule concerning lotteries can be found at
http://www.fcc.gov/cgb/consumerfacts/contests.html
Soliciting Funds. No federal law prohibits the
broadcast by stations of requests for funds for legal purposes (including
appeals by stations for contributions to meet their operating expenses), if the
money or other contributions are used for the announced purposes. However,
federal law prohibits fraud by wire, radio or television – including situations
in which money solicited for one purpose is used for another – and doing so may
lead to FCC sanctions, as well as to criminal prosecution by the U.S. Department
of Justice. Additional information about fund solicitation can be found at
http://www.fcc.gov/cgb/consumerfacts/contests.html
Broadcast of Telephone Conversations.
Before broadcasting a telephone conversation live or recording a telephone
conversation for later broadcast, a station must inform any party to the call of
its intention to broadcast the conversation. However, that notification is not
necessary when the other party knows that the conversation will be broadcast or
such knowledge can be reasonably presumed, such as when the party is associated
with the station (for example, as an employee or part-time reporter) or
originates the call during a program during which the station customarily
broadcasts the calls. For additional information on the rule concerning the
broadcast of telephone conversations, see
http://www.fcc.gov/eb/broadcast/telphon.html.
