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Undisclosed, Untracked

Sponsorship ID Problems Persist Amid Lack of FCC Enforcement, Agency Told

Lack of FCC enforcement of broadcast sponsorship identification rules has led to a resurgence in the use of questionable content by TV stations, Free Press wrote Chairman Julius Genachowski. The group, which petitioned the agency in 2007 to crack down on the use of sponsored programming passed off as news, pointed to recent reports in the Los Angeles Times that stations are again airing such programming, saying it’s evidence of a growing trend. “Fake news is alive and well,” said Craig Aaron, managing director of Free Press. “We would like to see them [the FCC] finish what they started back in 2007 and recognize this is still a problem."

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There is also a lack of data about the scope of the problem. In 2006, Free Press and the Center for Media and Democracy gathered a list of more than 100 instances of stations airing paid programming without identifying the source (CD April 4/06 p5). Since then, Free Press hasn’t been keeping track, Aaron said. “We haven’t launched another big investigation,” he said. “If the FCC stepped in and required sponsorship identification and disclosure, it wouldn’t be up to small nonprofit groups to find all these examples."

The industry itself doesn’t track use of paid news programming, or how often it fails to be disclosed, said Mark Kraham, news director of WHAG-TV Hagerstown, Md., chairman of the Radio TV Digital News Association. “I don’t have any data in front of me to indicate one way or another, nor have I heard any discussions that it happens more now than it ever did -- or less for that matter,” he said. “I think all responsible electronic journalists want to identify their materials, where it came from … and whether it’s ‘provided by’ or ’the opinion of.'"

It’s not clear how the FCC will respond to the letter, Aaron said. Commissioner Michael Copps and former Commissioner Jonathan Adelstein had been outspoken on the issue in the past, he said. “The current FCC hasn’t done much of anything in this area,” Aaron said. “But this is an opportunity. A major newspaper has exposed and reported that this is still going on.” The chairman’s office declined to comment.

Free Press asked the FCC to investigate whether the incidents highlighted by the Times violated the commission’s sponsorship identification rules. It also asked the FCC to complete any of its remaining investigations into the undisclosed use of video news releases that were prompted by the complaints Free Press and CMD had made. The agency should reopen its rulemaking on sponsorship ID regulations and set stricter and more prominent disclosure guidelines “so that viewers know when they are watching bona fide news, as opposed to paid propaganda,” Free Press wrote.