Regulation

Australia’s bold move to force tech giants to start paying for the news appears to be reigniting U.S. efforts to hold Google and Facebook to account for the gloomy state of the local news industry. Momentum is building for a new version of a bipartisan bill first introduced in 2019 that would allow U.S. news publishers to band together to negotiate for payments by tech giants that link to their news content.

At its March 17 monthly Open Meeting, the FCC will consider a Notice of Proposed Rulemaking seeking to modify certain aspects of the Emergency Alert System used by many of those regulated by the FCC including broadcasters, cable companies and wireless communications devices such as mobile phones.  The FCC is reviewing these issues as required by the National Defense Authorization Act, passed by Congress at the end of 2020.

Chinese parent ByteDance has settled a class-action lawsuit alleging that the video-sharing app failed to get users consent to collect data in violation of a strict Illinois privacy law.

Erik Wemple: “The insertion of Congress into the contractual relationships of video providers with particular news/propaganda outlets is frightening. Asking questions is a protected activity, of course — one that lawmakers use all the time. Yet these questions feel a lot like coercion by government officials, an incursion into the cultural promise of the First Amendment.”

Acting FCC Chair Jessica Rosenworcel told a troubled senator that the FCC does not have the authority to get involved in the carriage dispute between a broadcaster and streaming service, in this case Disney’s Hulu Plus Live TV streaming service and Sinclair, over access to the latter’s regional sports networks. That came in a letter responding to Sen. Sherrod Brown of Ohio, who asked the FCC to help facilitate a resolution of the dispute “promptly and impartially.”

Years of anti-journalist rhetoric trumpeted by those in power has caused a dramatic and disturbing increase in attacks on the media. News organizations large and small are taking security measures they never thought would be necessary in this country. In 2020, RTDNA introduced its Five-Point Policy Framework, designed to strengthen the role journalists and journalism play in a healthy democracy. In line with this framework, RTDNA has identified two legislative priorities in 2021 that will ensure journalists can continue to seek and report the truth on behalf of the public safely.

A loss in Los Angeles Superior Court today means Judge Judy may have to dip into her own pocket to deliver a promised $4 million to charity. The famed small screen judicial official saw her $22 million counterclaim suit against talent agent Richard Lawrence and Rebel Entertainment Partners essentially tossed out of court this morning.

This week, the House Energy and Commerce Subcommittee on Communications and Technology is continuing its series of hearings on how misinformation and disinformation — the lies of the 21st century — have impacted recent events in our nation. As lawmakers explore this issue, they should be mindful of the vital role radio and television broadcasters play in our communities by exposing lies, uncovering the truth and reporting the facts.

The FCC is scheduled to vote at its next public meeting on opening an inquiry into whether it can or should require new distribution outlets, including websites and streaming services, to deliver emergency alerts.

FCC Commissioner Brendan Carr called an effort by House Democrats to pressure cable providers into removing Fox News and other conservative networks a “chilling transgression” of free speech, and asked his colleagues on the commission to denounce the lawmakers.

Australian Treasurer Josh Frydenberg and Facebook confirmed that they have agreed on amendments to proposed legislation to require the social network and Google to pay for Australian news that they feature. Facebook’s cooperation is a major victory in Australian efforts to make the two gateways to the Internet pay for the journalism that they use.

“Our country’s public discourse is plagued by misinformation, disinformation, conspiracy theories, and lies” says a letter from Democrats on the House Energy and Commerce Committee, which was sent to Comcast, AT&T, Amazon, Apple, Verizon, Charter, Hulu and Roku.

Attorney General nominee Merrick Garland said Monday that he will be a strong enforcer of antitrust law as “the charter of American economic liberty” and expects to need more resources to do so. He was testifying at his Senate Judiciary Committee nomination hearing.

The House Judiciary Antitrust Subcommittee plans to hold a series of hearings on proposed bills to rein in “the rise and abuse of market power online” and adjust antitrust laws accordingly. Both Republicans and Democrats have concerns that antitrust laws were not nimble enough to capture Web giants’ efforts to buy start-up competitors before they became full-fledged competition and, importantly for antitrust law, before they triggered Hart Scott Rodino automatic antitrust reviews.

Acting FCC chair Jessica Rosenworcel didn’t make any big news at her first post-meeting press conference Wednesday, but she did confirm that she is still a fan of net neutrality rules and no fan of the Trump Administration petition to the FCC to regulate social media using Sec. 230.

A coalition of trade organizations filed a lawsuit Thursday against the Maryland state government over passage of a bill that imposes a tax on digital ad revenue. The Computer & Communications Industry Association, along with the U.S. Chamber of Commerce and the Internet Association, sued Maryland Comptroller Peter Franchot (D). CCIA’s members include Amazon, eBay, Facebook, Google and Uber.

Broadcasters want to get a cut of those billions of dollars in the Emergency Broadband Benefit established by legislation passed last December. The bill provides for $3.2 billion in subsidies to be handed out by the FCC over a six-month period. The FCC has been seeking comment on how to set up that program, including how best to promote awareness of the program in the community. NAB is telling the FCC that TV and radio advertising is particularly effective both because they are ubiquitous and because over-the-air broadcasting over-indexes for the eligible population — households with incomes below $50,000.

Move over social media, traditional media like broadcasting and cable are now in Congress’ sights for what top Democrats say is those media outlets’ role in “promoting disinformation and extremism,” suggesting […]

We can begin to glean at least the outlines of what happened when Donald Trump met the law that the late New York Times columnist William Safire said “has done more to inhibit the abuse of Government power… than any legislation in our lifetime.” The results of that clash are as revealing about the 45th president as they are about FOIA.

Michael Cieply: Good free speech coverage would pay if you are fired, suspended, banned from professional status or otherwise deprived of income or community standing for voicing a thought that bothers someone else.

Fox News personalities Maria Bartiromo, Lou Dobbs and Jeanine Pirro contend that they were well within the bounds of First Amendment protection as they covered ultimately false claims that Smartmatic rigged the election results against Donald Trump.

It seems like whenever Democrats are elected to serve as President and take control of Congress, there is talk about the revival of the Fairness Doctrine as some panacea for restoring balance and civility to political debate. Let’s a take look back at just what that doctrine required, the reasons for its demise and some of the issues that would surround any attempt to bring it back.