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Broadcasting False Information Concerning a Crime or Catastrophe
 
Broadcasting False Information Concerning a Crime or Catastrophe

The rules of the Federal Communications Commission (FCC) prohibit broadcast licensees from broadcasting false information concerning a crime or catastrophe if:

(1) the licensee knows the information is false;

(2) it is known beforehand that broadcasting the information will cause substantial public harm; and

(3) broadcasting the information does, in fact, directly cause substantial public harm.

* According to the FCC, the public harm must begin immediately and cause direct and actual damage to property or to the health or safety of the general public or divert law enforcement or public health and safety authorities from their duties.

* In 1938, a radio station in New York City broadcast an adaptation of the science fiction novel The War of the Worlds about a Martian invasion of the Earth. To heighten the dramatic effect, the broadcast was written and performed so that it would sound like an actual news broadcast. According to the FCC, the broadcast would be illegal today because thousands of listeners believed what they were hearing was actually happening and many people panicked.

Disclaimers

Under the FCC's rules, broadcast licensees may use disclaimers if the disclaimer clearly characterizes the program as fiction and the disclaimer is presented in a way that is reasonable under the circumstances. If such a disclaimer is used, the program will be presumed not to pose foreseeable public harm.

Complaints

The FCC encourages consumers to file complaints regarding the broadcast of false information. Such complaints may be filed at the FCC's website (http://www.fcc.gov/cgb/complaints.html) or mailed to Federal Communications Commission, Enforcement Bureau, Investigations and Hearing Division, 445 12th Street, SW, Washington, D.C. 20554. According to the FCC, complaints should include the call sign and community of license of the station, the date and time of the broadcast in question, and a detailed description of the public harm caused as a result of the broadcast. In addition, if possible, complaints should include a transcript or recording of the broadcast in question.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.


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