On the Media: "Is Lying On the Radio...Legal?"
WNYC Studios | Released March 24, 2023
Introduction
In the concluding episode of their three-part series, "The Divided Dial," On the Media delves into the legality of broadcasting disinformation, election lies, and conspiracy theories on talk radio. Hosts Brooke Gladstone and Micah Loewinger, alongside reporter Katie Thornton, investigate whether current regulations effectively curb the spread of false information and explore potential solutions to restore balance to public airwaves.
Salem Media and the Landscape of Talk Radio
Two weeks prior, the series introduced Salem Media—a powerhouse in conservative talk radio known for disseminating election fraud narratives and various conspiracy theories. Salem's extensive network includes over 3,000 syndicated programs, making their content audible on approximately one in five radio stations nationwide.
Key Developments:
- Leadership Changes: In early 2023, Salem experienced significant leadership shifts with Edward Atsinger transitioning to Executive Chairman and David Santrella assuming the CEO role.
- Content Continuity: Despite leadership changes, Salem continues its mission unabated, expanding its reach through acquisitions and maintaining its stance on controversial topics like election integrity and LGBTQ+ issues.
Notable Quote:
- Brooke Gladstone [02:24]: "Elections are not won by a majority of people. They never have been from the beginning of our country and they are not now."
The FCC’s News Distortion Policy: An Ineffective Shield
The episode scrutinizes the Federal Communications Commission's (FCC) policies aimed at preventing news distortion. Despite the existence of rules intended to curb false broadcasting, enforcement has been notably lax.
Findings:
- Limited Enforcement: Between 1969 and 2018, the FCC only penalized broadcasters in 8 out of 128 cases related to news distortion, often dismissing complaints without thorough investigation.
- Hoax Rule: Originally designed to prevent deceptive promotional stunts, the hoax rule has never been applied to false news coverage. For instance, during the COVID-19 pandemic, false claims about hydroxychloroquine led to a waiver of the hoax rule by the FCC.
Notable Quotes:
- Chad Raphael [00:14]: "The FCC's news distortion policy prohibits deliberate staging, slanting and falsifying of news."
- Chad Raphael [35:14]: "The commission has rejected most complaints without even investigating them."
Interview with Salem’s Phil Boyce
Katie Thornton engages in an extensive interview with Phil Boyce, Salem Media’s Senior Vice President of Talking, to uncover the company's strategies and perspectives on broadcasting controversial content.
Highlights from the Interview:
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Talent Recruitment: Boyce emphasizes Salem's knack for identifying and nurturing influential talk radio personalities, including Sean Hannity and Mark Levin.
“I look for a host who wakes up every day with a show screaming to get off their chest.”
— Phil Boyce [10:09] -
Salem’s Worldview: The company prides itself on promoting conservative values, viewing their work as essential to preserving the American Constitution and countering what they perceive as a predominantly liberal mainstream media.
“We believe that America is the greatest country on earth and we should do everything we can to protect the Constitution.”
— Phil Boyce [13:13] -
Defamation and Election Fraud Claims: Boyce defends Salem’s production of the documentary "2000 Mules," asserting that it presents evidence of election fraud. He rejects claims labeling their content as disinformation, categorizing it instead as opinion based on perceived facts.
“It’s our intent to actually build trust in the American system.”
— Phil Boyce [28:02]
Notable Exchange:
- Katie Thornton [24:25]: "Do you feel that listeners understand that this is opinion?"
- Phil Boyce [24:51]: "Our opinions are what's important. And we hope that our opinions will persuade people that we're right."
Challenges in Enforcing Truth in Radio Broadcasting
Expert insights shed light on the inherent difficulties in regulating false or misleading speech on public airwaves.
Expert Opinions:
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Chad Raphael (Professor, Santa Clara University): Criticizes the FCC's current definition of news distortion as being too narrow and difficult to enforce, largely rendering the policy symbolic rather than practical.
“It's not likely to be a powerful cudgel against misinformation. Never has been.”
— Chad Raphael [38:52] -
Joel Timmer (Professor, Texas Christian University): Supports maintaining robust free speech protections, arguing that penalizing false speech could lead to a chilling effect on open debate.
“If we did punish speech that was false. The big concern would be that that would lead to a chilling effect.”
— Joel Timmer [33:02]
Potential Solutions and Reforms
The episode explores various strategies to enhance the FCC's ability to regulate false broadcasting effectively without infringing on First Amendment rights.
Proposed Reforms:
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Diversified Enforcement Options: Introducing penalties short of license revocation, such as consent agreements or mandatory corrective programming.
“There are plenty of other options that would give the FCC the flexibility and maybe the courage to act more often on instances of distortion.”
— Chad Raphael [39:03] -
Adapting FTC Standards: Implementing standards akin to the Federal Trade Commission’s regulations on deceptive advertising to assess and penalize misleading news.
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Reviving the Fairness Doctrine: Although historical attempts have shown mixed results, some argue a modernized version could promote balanced viewpoints.
“I don't think that something like a New Fairness Doctrine would work.”
— Eric Metaxas [42:10] -
Economic Diversification: Encouraging broader ownership of radio stations to foster diverse perspectives, though experts caution that ownership alone doesn't guarantee viewpoint diversity.
“Local and diverse ownership don't guarantee diversity of opinion.”
— Mark Lloyd, Former FCC Counsel [44:51]
The Impact of Consolidation and Monopolies
The deregulation initiated by the 1996 Telecommunications Act has led to significant consolidation in the radio industry, limiting diversity of content and ownership.
Consequences:
- Decreased Diversity: The number of minority-owned stations has drastically declined, with less than 2% of commercial stations in the U.S. currently owned by Black individuals and only about 7% by women.
- Content Homogenization: Large corporations prioritize profitable conservative talk shows, diminishing the presence of diverse or alternative viewpoints.
Notable Reflection:
- Katie Thornton [47:37]: "The airwaves literally belong to us. Isn't that worth fighting for?"
Conclusion
The episode underscores the complexity of regulating false speech on public airwaves, balancing the need to curb disinformation with the imperative to uphold free speech principles. While existing FCC policies fall short in effectively addressing news distortion, proposed reforms and a push for greater ownership diversity offer potential pathways toward a more balanced and truthful media landscape. Ultimately, the responsibility lies with both regulators and the public to advocate for and implement changes that protect the integrity of the information disseminated through radio and other broadcast mediums.
Notable Quotes Summary:
- Chad Raphael [00:14]: "The FCC's news distortion policy prohibits deliberate staging, slanting and falsifying of news."
- Phil Boyce [10:09]: "I look for a host who wakes up every day with a show screaming to get off their chest."
- Phil Boyce [13:13]: "We believe that America is the greatest country on earth and we should do everything we can to protect the Constitution."
- Phil Boyce [24:51]: "Our opinions are what's important. And we hope that our opinions will persuade people that we're right."
- Chad Raphael [38:52]: "It's not likely to be a powerful cudgel against misinformation. Never has been."
- Katie Thornton [47:37]: "The airwaves literally belong to us. Isn't that worth fighting for?"
This summary aims to provide a comprehensive overview of the episode's key discussions, insights, and conclusions for those who have not listened to the original broadcast.