Monday, November 14, 2022

Local TV stations, journalism ethics and political ads

This blog entry poses the question of what do journalism ethics call for Alabama TV stations to do relative to political ads.

I. Radio Television Digital News Association's code of ethics

RTDNA's code of ethics is set out at https://www.rtdna.org/content/rtdna_code_of_ethics.

While the entirety of the code of ethics should be reviewed, I selectively quote the below:

From https://www.rtdna.org/content/rtdna_code_of_ethics.

Journalism’s obligation is to the public. Journalism places the public’s interests ahead of commercial, political and personal interests. Journalism empowers viewers, listeners and readers to make more informed decisions for themselves; it does not tell people what to believe or how to feel.
 . . . .
Practitioners of ethical journalism seek diverse and even opposing opinions in order to reach better conclusions that can be clearly explained and effectively defended or, when appropriate, revisited and revised.
. . . .
Acknowledging sponsor-provided content, commercial concerns or political relationships is essential, but transparency alone is not adequate. It does not entitle journalists to lower their standards of fairness or truth. 
. . . .  
Commercial endorsements are incompatible with journalism because they compromise credibility. In journalism, content is gathered, selected and produced in the best interests of viewers, listeners and readers – not in the interests of somebody who paid to have a product or position promoted and associated with a familiar face, voice or name.
. . . .
The facts should get in the way of a good story. Journalism requires more than merely reporting remarks, claims or comments. Journalism verifies, provides relevant context, tells the rest of the story and acknowledges the absence of important additional information.
. . . .
For every story of significance, there are always more than two sides. While they may not all fit into every account, responsible reporting is clear about what it omits, as well as what it includes.

Guidelines for Balancing Business Pressures and Journalism Values
"Professional electronic journalists should gather and report news without fear or favor, and vigorously resist undue influence from any outside forces, including advertisers, sources, story subjects, powerful individuals and special-interest groups." The Radio Television Digital News Association declared this traditional journalistic value when it revised the RTDNA Code of Ethics and Professional Conduct in September 2000. Times of economic pressure test that value, challenging journalists to see it anew-and to practice it in new ways.

Guidelines for Properly Identifying Commentary in News Coverage
There is a place for commentary journalism, but it is not a substitute for careful sourced fact based reporting. The viewer/listener/reader should never be confused by what is “reporting” and what is “commentary.” Commentary should always be clearly identified and distinguished from objective fact based reporting. When news outlets present news commentary we recommend finding ways to inform consumers that the content being delivered is commentary or opinion. Reporters can deliver that in written copy, or the word “commentary” can be displayed within the broadcast or digital content piece.

From  https://www.rtdna.org/content/guidelines_for_preventing_the_spread_of_misinformation_disinformation

Guidelines for Preventing the Spread of Misinformation & Disinformation
The spread of misinformation has become a significant threat to our country. News professionals and newsroom managers must be part of the solution. Journalists are the front-line protection against false and misleading information on all platforms.

II. Federal Communications Commission regulation

There are strict FCC regulations covering broadcast stations, cable television systems and direct broadcast satellite services. These regulations can be found at  https://www.fcc.gov/media/policy/statutes-and-rules-candidate-appearances-advertising

Generally, the FCC regulations say:

Except as other-wise indicated in § 73.1944, no station licensee is required to permit the use of its facilities by any legally qualified candidate for public office, but if any licensee shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such licensee shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any:
(1) Bona fide newscast;
(2) Bona fide news interview;
(3) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or
(4) On-the-spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of broadcasting station. (section 315(a) of the Communications Act.)

On sponsorship identification, the FCC regulations say:

When a broadcast station transmits any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the broadcast, shall announce:
(1) That such matter is sponsored, paid for, or furnished, either in whole or in part, and
(2) By whom or on whose behalf such consideration was supplied: Provided, however, That "service or other valuable consideration" shall not include any service or property furnished either without or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification of any person, product, service, trademark, or brand name beyond an identification reasonably related to the use of such service or property on the broadcast.
(i) For the purposes of this section, the term "sponsored" shall be deemed to have the same meaning as "paid for."
(ii) In the case of any television political advertisement concerning candidates for public office, the sponsor shall be identified with letters equal to or greater than four percent of the vertical picture height that air for not less than four seconds.

III. Applying code of ethics to political ads

Local TV stations receive much revenue from the political ads they run for candidates. TV stations' business interests are or can be affected by candidates who are currently legislators or other public officials or who win elections and become legislators and other elected public officials.

The basic question is, under the code of ethics, whether the TV station can entirely disregard the content of political ads the TV stations run and that its viewers see during the news shows and at other times, or whether the TV stations need to evaluate the totality of what their viewers see and hear, including the political ads, and whether that totality satisfies journalistic obligations.

For example, do TV stations need to evaluate whether the TV ads contain misinformation and, if so, whether viewers should be informed about what a TV station determines to be misinformation in the political ads? (That may raise the question  of whether commentary by a TV station relative to what political ads say,, which commentary is made separate and apart from the ads, constitutes censorship of the ads that is prohibited by FCC regulations.)

IV. Contacting others

Email to Alabama journalism and communications professors
From: Rob Shattuck <rdshatt@aol.com>
To: saa0056@auburn.edu, brunnbr@auburn.edu, all0093@auburn.edu, ney0002@auburn.edu, bcd0039@auburn.edu, fairlln@auburn.edu, fillise@auburn.edu, mnelson@ua.edu, alfranks@uab.edu, jzb0124@auburn.edu, mcarey@samford.edu, cofieldj@montevallo.edu, jtbailey@ua.edu, kbissell@ua.edu, mdbruce@ua.edu, wevans@ua.edu, djgriffin1@ua.edu, sahartley1@ua.edu, dmwaymer@ua.edu, laurie.wright@ua.edu, bsbutler@ua.edu, ajbauer2@ua.edu,
Sent: Mon, Nov 14, 2022 8:35 am
Subject: Local TV stations, journalism ethics and political ads
Dear Alabama journalism and communications professors:
In my post election campaign against Alabama TV stations (https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/postelection-campaign-against-al-tv.html), I wish to obtain clarity about what journalism ethics call for Alabama TV stations to do relative to political ads.
I would like the help of a professor.
If you are willing, please read http://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html.
In simplest form, for example, consider political ads that are full of misinformation. While FCC regulations may prohibit a TV station from censoring the ads, do journalism ethics call for a TV station to evaluate the totality of what the TV station presents to its viewers (including the political ads and misinformation in the ads), and whether commentary by the TV station relative to the content of the ads is called for under journalism ethics.
If you are willing to tell me your views in a phone conversation or in an email, I would appreciate that very much. If there is an academic article that would help me on the subject, a link to that might suffice.
Thank you.
Sincerely,
Rob Shattuck
Mountain Brook

Email to Radio Television Digital News Association
From: Rob Shattuck <rdshatt@aol.com>
To: dans@rtdna.org <dans@rtdna.org>
Cc: saa0056@auburn.edu, brunnbr@auburn.edu, all0093@auburn.edu, ney0002@auburn.edu, bcd0039@auburn.edu, fairlln@auburn.edu, fillise@auburn.edu, mnelson@ua.edu, alfranks@uab.edu, jzb0124@auburn.edu, mcarey@samford.edu, cofieldj@montevallo.edu, jtbailey@ua.edu, kbissell@ua.edu, mdbruce@ua.edu, wevans@ua.edu, djgriffin1@ua.edu, sahartley1@ua.edu, dmwaymer@ua.edu, laurie.wright@ua.edu, bsbutler@ua.edu, ajbauer2@ua.edu,
Sent: Wed, Nov 16, 2022 6:14 pm
Subject: Application of Radio Television Digital News Association's code of ethics to political ads
Dear RTDNA Executive Director Shelley,
I am a viewer of local TV station news shows in Birmingham, Alabama.
I wish to understand how the Radio Television Digital News Association's code of ethics should be applied by the TV stations as regards political ads.
Please, if you would, read https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html, and answer the basic question presented there of whether, under the code of ethics, a TV station can entirely disregard the content of political ads the TV station runs and that its viewers see during news shows, or whether the TV station needs to evaluate the totality of what their viewers see and hear, including the political ads, and ensure that such totality satisfies the TV station's ethical obligations to its viewers.
Thank you for whatever enlightenment you can provide me here.
Sincerely,
Rob Shattuck
Mountain Brook, AL

Email from Radio Television Digital News Association
From: Dan Shelley <dans@rtdna.org>
To: Rob Shattuck <rdshatt@aol.com>
Sent: Thu, Nov 17, 2022 12:45 pm
Subject: Re: Application of Radio Television Digital News Association's code of ethics to political ads

Mr. Shattuck, 

Thank you for your inquiry. 

As the content available through the link you provided states accurately, the FCC gives broadcast stations discretion whether to run political ads. In terms of ads placed on behalf of candidates, if a station decides to run an ad for one candidate for a particular office, it must offer time to all candidates for that office. The station must offer the “lowest unit rate” for such ads within the time period dictated by the FCC. The FCC does NOT give stations discretion on whether they may run ads for candidates for federal office. Also, the “lowest unit rate” provision of the Communications Act of 1934 (as amended) does not apply to political action committees or other groups that may support or oppose a candidate, and which may not be administered or otherwise overseen by a candidate. It also does not apply to political issue advertising, i.e., ads for proposed state constitutional amendments, tax increases, municipal bond issues, etc. 

I should note that national networks – broadcast and cable – are generally not within the jurisdiction of the FCC and, as you may know, some have, from time to time, declined to air political ads they find to be untruthful or offensive to public sensibilities. (Broadcast network owned-and-operated stations are under the jurisdiction of the FCC, however. Notably, when the CBS broadcast of the 2004 Super Bowl generated indecency complaints after Janet Jackson’s breast was broadcast briefly during the half time show, the FCC took enforcement action against CBS’ owned-and-operated stations, not the network itself.) 

To what I think is the heart of your question: The FCC (through the Communications Act of 1934) prohibits stations from altering the content of any ad for a political candidate. That said, “bona fide” news coverage of campaigns is exempt from the Communications Act’s relevant political advertising provisions. Therefore, a broadcast station may choose, as part of its “bona fide” news coverage, to report on misinformation or other content of candidate ads, although it is not required to. As for whether broadcast stations should engage in such reporting, the RTDNA Code of Ethics speaks for itself. I have nothing further to add. 

Thank you, 

Dan 

Dan Shelley

President

Chief Executive Officer

Radio Television Digital News Association | RTDNA Foundation

Washington, DC Headquarters: 202.221.4282

Direct: 212.246.3872

dans@rtdna.org

@MurrowNYC 

The National Press Building, 529 14th Street, N.W., Suite 1240, Washington, D.C. 20045

RTDNA.org 

RTDNA serves as a unified voice for journalism, educating and informing policymakers and influencers, and supporting policy and legal efforts that will ensure responsible journalists are able to seek and report the truth on behalf of the public. Learn more about our advocacy efforts here. 

 

Email  back to Radio Television Digital News Association 
From: Rob Shattuck <rdshatt@aol.com>
To: dans@rtdna.org <dans@rtdna.org>
Cc: aa0056@auburn.edu, brunnbr@auburn.edu, all0093@auburn.edu, ney0002@auburn.edu, bcd0039@auburn.edu, fairlln@auburn.edu, fillise@auburn.edu, mnelson@ua.edu, alfranks@uab.edu, jzb0124@auburn.edu, mcarey@samford.edu, cofieldj@montevallo.edu, jtbailey@ua.edu, kbissell@ua.edu, mdbruce@ua.edu, wevans@ua.edu, djgriffin1@ua.edu, sahartley1@ua.edu, dmwaymer@ua.edu, laurie.wright@ua.edu, bsbutler@ua.edu, ajbauer2@ua.edu,
Sent: Thu, Nov 17, 2022 6:27 pm
Subject: Re: Application of Radio Television Digital News Association's code of ethics to political ads
Thank you very, very much for your reply, Mr. Shelley.
I will first send your reply (by copy on this email) to the Alabama journalism and communications professors (to whom I sent my original email to you) to try to elicit their thoughts, taking into account what you have said.
After that I will take up the matter with the Alabama TV stations themselves.
Sincerely,
Rob Shattuck

Reply email  to Auburn Professor & Associate Director Brigitta R. Brunner
From: Rob Shattuck <rdshatt@aol.com>
To: brunnbr@auburn.edu <brunnbr@auburn.edu>
Sent: Sat, Nov 19, 2022 7:07 am
Subject: Re: [EXT] Local TV stations, journalism ethics and political ads
Good morning, Professor Brunner:
Thank you very much for replying and pointing me towards articles that may help answer my question of what journalism ethics call for Alabama TV stations to do relative to political ads.
The problems of political and cultural polarization and misinformation are national and huge.
The prospects for the same getting ameliorated are currently poor.
The picture at the national level is out of reach.
At the local level I think Alabama TV stations could do better.
Maybe their corporate masters stand in the way.
Maybe the TV stations don't have leadership and staff who are competent to do what is needed.
I will keep working on it.
Again, thanks.
Sincerely,
Rob

11/19/22 Email  to  U. of Ark. Center for Ethics in Journalism re political ads
From: Rob Shattuck <rdshatt@aol.com>
To: rmmccaff@uark.edu
Cc: saa0056@auburn.edu, brunnbr@auburn.edu, all0093@auburn.edu, ney0002@auburn.edu, bcd0039@auburn.edu, fairlln@auburn.edu, fillise@auburn.edu, mnelson@ua.edu, alfranks@uab.edu, jzb0124@auburn.edu, mcarey@samford.edu, cofieldj@montevallo.edu, jtbailey@ua.edu, kbissell@ua.edu, mdbruce@ua.edu, wevans@ua.edu, djgriffin1@ua.edu, sahartley1@ua.edu, dmwaymer@ua.edu, laurie.wright@ua.edu, bsbutler@ua.edu, ajbauer2@ua.edu,
Sent: Sat, Nov 19, 2022 5:59 pm
Subject: Inquiry to U. of Ark.Center for Ethics in Journalism re political ads
Dear Dr. McCaffrey,
I'm in Alabama.
Maybe the University of Arkansas Center for Ethics in Journalism can be more forthcoming to me than have been the Alabama journalism and communications professors to whom I sent the below email, as regards my question of what journalism ethics call for Alabama TV stations to do relative to political ads.
If you are willing, please read http://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html and provide me with any opinion or comment that the Center for Ethics in Journalism is able to provide that I can, in turn, present to Alabama TV stations.
Thank you in advance for whatever response to this email you make.
Sincerely,
Rob Shattuck
Mountain Brook, AL

Email to Greg Peterson, NBC15 
From: Rob Shattuck <rdshatt@aol.com>
To: gpeterson@sbgtv.com <gpeterson@sbgtv.com>
Sent: Fri, Nov 25, 2022 3:43 pm
Subject: Alabama TV stations violating journalism ethics
Dear Mr. Peterson:
I think Alabama TV stations are violating their journalism ethics obligations.
If the TV stations disagree, I think they should say so.
I am sending this email to you as a TV news anchor at NBC15 News for your consideration, and passing on to management as you see fit.
To understand my contentions, please read https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html and other links.
Thank you for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook, AL

Email to Mike Gurspan, WDHN-TV
From: Rob Shattuck <rdshatt@aol.com>
To: MGurspan@wdhn.com <MGurspan@wdhn.com>
Sent: Fri, Nov 25, 2022 5:44 pm
Subject: Alabama TV stations violating journalism ethics
Dear Mr. Gurspan:
I think Alabama TV stations are violating their journalism ethics obligations.
If the TV stations disagree, I think they should say so.
I am sending this email to you as a TV news anchor at WDHN-TV for your consideration, and passing on to management as you see fit.
To understand my contentions, please read https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html and other links.
Thank you for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook, AL

Email to Ellis Esckew, Alabama News Network
From: Rob Shattuck <rdshatt@aol.com>
To: eeskew@alabamanews.net <eeskew@alabamanews.net>
Sent: Fri, Nov 25, 2022 6:39 pm
Subject: Alabama TV stations violating journalism ethics
Dear Ms. Eskew:
I think Alabama TV stations are violating their journalism ethics obligations.
If the TV stations disagree, I think they should say so.
I am sending this email to you as a TV news anchor at Alabama News Network for your consideration, and passing on to management as you see fit.
To understand my contentions, please read https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html and other links.
Thank you for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook, AL

Email to Mark Bullock, WSFA12
From: Rob Shattuck <rdshatt@aol.com>
To: mbullock@wsfa.com <mbullock@wsfa.com>
Sent: Sat, Nov 26, 2022 7:43 am
Subject: Alabama TV stations violating journalism ethics
Dear Mark:
I think Alabama TV stations are violating their journalism ethics obligations.
If the TV stations disagree, I think they should say so.
I am sending this email to you as a TV news anchor at WSFA 12 News for your consideration, and passing on to management as you see fit.
To understand my contentions, please read https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html and other links.
Thank you for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook, AL

Email to Muriel Bailey, ABC3340
From: Rob Shattuck <rdshatt@aol.com>
To: murielbailey@sbgtv.com <murielbailey@sbgtv.com>
Sent: Sun, Nov 27, 2022 8:33 am
Subject: Alabama TV stations violating journalism ethics
Dear Muriel:
I think Alabama TV stations are violating their journalism ethics obligations.
If the TV stations disagree, I think they should say so.
I am sending this email to you as a TV news anchor at ABC3340 News for your consideration, and passing on to management as you see fit.
To understand my contentions, please read https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html and other links.
Thank you for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook, AL
  Email to Matt Kroschel WAAY31 
From: Rob Shattuck <rdshatt@aol.com>
To: mkroschel@waaytv.com <mkroschel@waaytv.com>
Sent: Mon, Dec 12, 2022 7:00 pm
Subject: Alabama TV stations violating journalism ethics
Dear Matt:
I think Alabama TV stations are violating their journalism ethics obligations.
If the TV stations disagree, I think they should say so.
I am sending this email to you as a TV news reporter for WAAY31 for your consideration, and passing on to management as you see fit.
To understand my contentions, please read https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html and other links.
Thank you for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook, AL

Email to Olivia Schueller WAAY31
From: Rob Shattuck <rdshatt@aol.com>
To: oschueller@waaytv.com <oschueller@waaytv.com>
Sent: Mon, Dec 19, 2022 4:26 pm
Subject: Alabama TV stations violating journalism ethics
Dear Olivia:
I think Alabama TV stations are violating their journalism ethics obligations.
If the TV stations disagree, I think they should say so.
I am sending this email to you as a TV news reporter for WAAY31 for your consideration, and passing on to management as you see fit.
To understand my contentions, please read https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html and other links.
Thank you for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook, AL
Email to Montgomery Advertiser
From: Rob Shattuck <rdshatt@aol.com>
To: jstephenson@statesnewsroom.com <jstephenson@statesnewsroom.com>; pwindsor@montgome.gannett.com <pwindsor@montgome.gannett.com>
Cc: comments@abc3340.com, programming@abc3340.com, Susana.Schuler@hearst.com, blong@hearst.com, wcromwell@cbs42.com, rmartin@cbs42.com, collin.gaston@wbrc.com, jama.killingsworth@waff.com, julie@waff.com, paul.caron@whnt.com, mwright@waaytv.com, sgallien@waaytv.com, eric.duncan@fox10tv.com, Randy.Merrow@fox10tv.com, news@mynbc15.com, dsingleton@mynbc15.com, PAlbrecht@wkrg.com, clombard@wkrg.com, robby.thomas@wtvy.com, stephen.crews@wtvy.com, TCole@wdhn.com, RWare@wdhn.com, mbunting@wsfa.com, sduff@wsfa.com, ghalbrooks@alabamanews.net, jrainey@alabamanews.net, sdiorio@wvua23.com, knorred@wvua23.com <sdiorio@wvua23.com>; knorred@wvua23.com <knorred@wvua23.com>; saa0056@auburn.edu, brunnbr@auburn.edu, all0093@auburn.edu, ney0002@auburn.edu, bcd0039@auburn.edu, fairlln@auburn.edu, fillise@auburn.edu, mnelson@ua.edu, alfranks@uab.edu, jzb0124@auburn.edu, mcarey@samford.edu, cofieldj@montevallo.edu, jtbailey@ua.edu, kbissell@ua.edu, mdbruce@ua.edu, wevans@ua.edu, djgriffin1@ua.edu, sahartley1@ua.edu, dmwaymer@ua.edu, laurie.wright@ua.edu, bsbutler@ua.edu, ajbauer2@ua.edu,
Sent: Tue, Jan 31, 2023 4:15 pm
Subject: Your MGM Advertiser article re magnet schools and Alabama local journalism
Dear Jemma and Ms. Windsor,
I saw a link on Twitter to Jemma's 4 part Montgomery Advertiser article about magnet school admissions, but I did not read the article because a subscription was required and I chose not to pay for a subscription.
There is widespread awareness of the destruction of local journalism that has taken place in the United States, and the diminution, if not elimination, of the important civic role in our democracy historically played by local journalism.
Local television stations could step into the breach as newspapers go out of business, but it appears to me that Alabama television stations will not do that because they are overwhelmingly just a business, and their business interests keep them from properly performing their journalistic roles. See, e.g., https://al6thcongdist-ihaveuntiljan13.blogspot.com/2022/11/local-tv-journalism-ethics-and.html.
While I chose not to pay for a subscription to the Montgomery Advertiser, I am exerting my puny self to try to get Alabama TV stations to change their ways, as the above link indicates.
The purpose of this email is to inform you of my efforts and to use this email to continue my puny pounding on Alabama TV stations to get them to change their ways by copying them on this email. Also copied on this email are Alabama professors of journalism and communications to whom I have previously sent emails.
I hope this email will get disseminated in the Montgomery Advertiser, for whatever good that may do in helping get Alabama TV stations to do their journalistic jobs.
Thank you for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook

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