The FCC\u27s broadcast news distortion rules: Regulation by drooping eyelid

In an era of sweeping deregulation of broadcast content, the Federal Communications Commission has retained its rules against licensees\u27 deliberately distorting news. This article reviews the origins and codification of the distortion policy and presents the first quantitative analysis of the FCC\u27s decisions in this area. The results indicate that the distortion policy is a largely symbolic regulation. The Commission\u27s evidentiary requirements, burden of proof, changing definition of news and sometimes arbitrary reasoning erect formidable barriers to complainants. The study concludes with recommendations for rethinking the distortion rules in light of their First Amendment implications and the dramatic changes in broadcast news since the FCC set its distortion policy over 30 years ago