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"misterfact" wrote in message ... Please do. And post links, preferably in this dimension, not the parallel one you are living in. O.K. Mr. Apologist; I'm sure you will correct me if wrong- if a MANUFACTURER mis-represents its product through false broadcast advertising- the FTC is supposed to investigate. If a RADIO D.J. takes money under-the-table to promote a song (payola) by whatever means (playing it all the time, etc.) this comes under the FCC. The original payola convictions were on IRS tax fraud. Payola refers to playing a song without management consent and knowledge. Likewise, if a RADIO TALK SHOW HOST takes money under the table to falsely promote a song, service or any product- this is also under FCC jurisdiction. That is plugola. If it can be proven, it is an FCC violation only if there was personal gain in exchange for promoting something unknown to management. If management does know, then it is, by definition, not plugola. Here's the FCC's letter to me from Norman Goldstein; Complaints and Investigation Branch; Enforcement Div; Mass Media bureau of the FCC: "The Commission has stated on several occassions that deliberate falsification or distortion of news or information is patenntly inconsistent with the public interest. However, in light of the sensitive First Amendment values that are involved, an inquiry will not be made of a station unless we receive extrinsic evidence of deliberate distortion or falsification--for example, statements from insiders or those who have direct personal knowledge that facts were deliberately falsified. In this way, the Commission does not become a national arbiter of the "truth" of what is broadcast over the airwaves, nor does it judge the wisdom or accuracy of what is broadcast. This would fall under "fitness as a licencee" if the station is not being operated in the public interest. In the "absence of substantial extrinsic evidence or documents that on their face reflect deliberate distortion" the Commission does not deem it useful or appropriate to investigate charges of distortion or the broadcast of false information." Now what else can you make of that other than: I make of it: the FCC just said to you, "kiss off." 1. The affirmative is true, i.e. :In the PRESENCE of substantial extrinsic information which reflects deliberate distortion- the commission WILL make an inquiry!" Which, by inference, you did not present. 2. If the FCC becomes suspicious that broadcast laws are being violated- here is a crime investigating agency that does not go out and investigate their suspicions- rather, by their own admission- they sit in their offices by the phone- waiting for some "insider" to CONTACT THEM! Can you believe that "UNLESS WE RECEIVE STATEMENTS FROM INSIDERS- we will not take acton!" The FCC does not monitor programming. All complaints of a non-technical nature must be inititated by members of the public. And, in case you did not notice when the sent you the "f--k off" letter, they would demand huge proof to enter into a character qualifications issue. False advertising is not even in their jurisdiction... and trying to prove the difference between "point of view" and "intentional lying" in news is next to impossible. Example from outside the US: in 1967, Time reported on a coup attempt in Ecuador. The described violent street demonstrations, police and military brutality and such. I was part of a reporting team, and we reported minimal demonstrations, non-violent stand-offs with a few rocks thrown, and the use of a watter cannon to disperse. Perhaps the Time reporter form Iowa really thought that was violent; others, with more of a world view, thought it tame. Who lied? Who, simply, saw it from their own perspective? Funny how playing a song over and over- inflames the public and FCC takes action on payola to D.J.s- but cntinually lying about products raises no red flags! Payola is, in fact, a violation of sponsorship identification rules. Giving an opinion different from yours about Styrofoam is just that... opinion. Opinions are free in the USA. |
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