"The news distortion policy is no longer justifiable under today's First Amendment doctrine and no longer necessary in today's media environment... The Commission should repeal the policy in full and recognize that it may not investigate or penalize broadcasters for 'distorting,' 'slanting,' or 'staging' the news, unless the broadcast at issue independently meets the high standard for broadcasting a dangerous hoax under 47 C.F.R. § 73.1217,"
"policy's purpose-to eliminate bias in the news-is not a legitimate government interest, that it has chilled broadcasters' speech, that it has been weaponized for partisan purposes, that it is overly vague, and is unnecessary given the separate rule against broadcast hoaxes."
"On my watch, the FCC will continue to hold broadcasters accountable to their public interest obligations."
Chairman Brendan Carr refused to repeal the FCC's 1960s-era news distortion policy, posting "How about no" and pledging to hold broadcasters accountable to public interest obligations. A bipartisan group of former FCC chairs and commissioners filed a petition asking for repeal and said the policy permits extraordinary intrusions on editorial decision-making. The petition asserted that the policy's purpose to eliminate bias is not a legitimate government interest, that it chills speech, has been weaponized for partisan purposes, is overly vague, and is unnecessary given the separate rule against broadcast hoaxes. Carr has repeatedly invoked the policy in threats to revoke licenses, including in the Jimmy Kimmel controversy.
Read at Ars Technica
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