The NAB has issued a statement applauding the U.S. Court of Appeals for the District of Columbia Circuit’s decision to vacate the FCC’s recent foreign sponsorship identification rules that went into effect in March. The court accepted the NAB’s argument that federal law authorizes the commission to require stations to obtain sponsorship identification information only from their own employees and from program sponsors and that stations should not be required to investigate additional sources.
STATION ADVISORY
Foreign Sponsorship Disclosure Compliance Deadline For Existing Programming Is Here
Broadcasters face a Sept. 15 deadline to ensure that all programming aired on their stations complies with the FCC’s foreign sponsorship disclosure requirements. The Foreign Sponsorship Disclosure Rule was adopted by the FCC in April 2021, targeting airtime lease agreements between broadcasters and foreign governments or their representatives. The rule requires stations to take specific steps to ensure that the public is made aware of any programming aired that is provided, funded, or distributed by “governments of foreign countries, foreign political parties, agents of foreign principals, and United States-based foreign media outlets.”
Broadcasters told a federal appeals court that the FCC’s decision to make broadcasters affirmatively investigate whether programming — including ads and infomercials — was being paid for by foreign entities was an arbitrary and capricious, unconstitutional response to a “phantom” problem.
Broadcasters told a federal appeals court that the FCC’s decision to make broadcasters affirmatively investigate whether programming — including ads and infomercials — was being paid for by foreign entities was an arbitrary and capricious, unconstitutional response to a “phantom” problem.
Broadcasters have asked a federal court to stay the FCC’s implementation of the decision to boost disclosure requirements for foreign government-sponsored programming until that court can hear their appeal of the decision.
Public broadcasters are welcoming the FCC’s decision to rein in new rules governing foreign sponsorship of radio and TV broadcasts, which system leaders feared could be too burdensome for producers and stations. In a Report and Order released April 22, the FCC specified that its requirements for identifying program sponsorship by foreign governments will apply only to broadcasters that lease airtime to governmental entities. That largely excludes public broadcasters.
