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Is a Fairness Doctrine Needed Today?: Let's Restore Fairness to Broadcasting


Article # : 11819 

Section : CURRENT ISSUES
Issue Date : 1 / 1994  1,486 Words
Author : Gigi B. Sohn
Gigi B. Sohn is deputy director of the Media Access Project in Washington, D.C.

       The fairness doctrine has practical and symbolic importance for all Americans. It is a remarkably effective device for addressing one of the most difficult challenges facing a democracy: how to reconcile the public's right to receive information with the need to ensure that journalists have the broadest possible editorial discretion.
       
       The fairness doctrine ensures that broadcasters bring opposing points of view to their listeners. In doing this, the doctrine reverently retains the fragile balance between the First Amendment interests and needs of broadcasters, on the one hand, and those of the listening public they serve, on the other.
       
       Most broadcasters do a good job most of the time. Thus, while the doctrine affords the broadcaster complete discretion in selecting which issues will be addressed, what format will be used, and which speakers will be heard, it also provides a means to deal with the rare case of abject irresponsibility.
       
       The fairness doctrine is needed now more than ever. In 1992, the Federal Communications Commission (FCC) purported to repeal the most important application of the fairness doctrine: ballot issues and other referenda. The Media Access Project's experience in the 1992 election cycle was that broadcasters followed the pattern that emerged in 1987, when general applications of the doctrine were repealed. Emboldened by the FCC's decision, more and more broadcasters have proved unwilling to present reasonable coverage on both sides of ballot issues.
       
       The big loser is the public. Although owner of the airwaves, it is being deprived of critical information necessary to make informed decisions that affect our democracy.
       
       The fairness doctrine has two components. First and most important, it affirmatively requires each licensee to cover controversial issues of public importance. The FCC has often described this duty as "the single most important requirement of operation in the public interest." This first element of the doctrine ensures that every broadcaster meets its duty to contribute to an informed electorate on public issues.
       
       This first component is often overlooked by the doctrine's foes, who concentrate their opposition on the better-known second part of the doctrine, which requires overall balance in the coverage of those issues. The second part is designed to ensure reasonable opportunity for important opposing
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