General Discussion
In reply to the discussion: Why is Fox News Allowed To Spread Falsehoods? Seriously, where is the FCC? [View all]onenote
(46,145 posts)In addition, as someone who practiced before the FCC both before and after its repeal, I can assure you that it could be and was complied with by means that made it meaningless. For example, issues-based discussions were relegated to very early Sunday morning or very late at night. People forget that the FD was not an "equal time" rule.
The FCC described the distinction thusly:
The fairness doctrine deals with the broader question of affording reasonable oppor-
tunity for the presentation of contrasting viewpoints on controversial issues of public
importance. Generally speaking, it does not apply with the precision of the "equal
opportunities" requirement. Rather, the licensee, in applying the fairness doctrine,
is called upon to make reasonable judgments in good faith on the facts of each
situation-as to whether a controversial issue of public importance is involved, as to
what viewpoints have been or should be presented, as to the format and spokesmen
to present the viewpoints, and all the other facets of such programming.... In pass-
ing on any complaint in this area the Commission's role is not to substitute its judg-
ment for that of the licensee as to any of the above programming decisions, but
rather to determine whether the licensee can be said to have acted reasonably and in
good faith. There is thus room for considerably more discretion on the part of the
licensee under the fairness doctrine than under the "equal opportunities" requirement.