Thursday, September 27, 2007

FCC wants to fine Comcast for using video news release without disclosure of source

In recent years, video news releases -- taped segments distributed to media outlets for promotional purposes -- have drawn the attention of the Federal Communications Commission. The slickly-produced VNRs can help fill air time on stations, especially smaller ones with small staffs, but the FCC doesn't want them masquerading as news. This week, the FCC announced its intention to levy the first fine agains Comcast for using a VNR without disclosing who provided it. The proposed fine is $4,000.

On Nov. 11, 2006, Comcast's CN8 news channel, which appears in 20 markets including New York and Philadelphia, ran much of a VNR produced by D.S. Simon Production for natural sleep aid Nelson's Rescue Sleep. FCC rules say TV stations must disclose whenever they run something in return for consideration, writes Ira Teinowitz of TV Week. The FCC says this applies to cable providers as well in some cases, and it had warned broadcasters that even when no money is exchanged, the use of a VNR amounts to consideration when it promotes a product.

Comcast is challenging the fine. Company spokeswoman Sena Fitzmaurice told Ellen Gray of the Philadelphia Daily News that Comcast was "perplexed" by the action because "the relevant statute does not cover cable programming." Even if that interpretation were valid, Fitzmaurice said the station received no compensation and did nothing wrong. In a July filling with the FCC, Comcast argued that the CN8 correspondent was exercising editorial judgment in using a part of the VNR during a consumer report.

The Radio-Television News Directors Association and the Association of Business Communicators agree with Comcast and assert that this is a new interpretation by the FCC. They add that VNRs, like print press releases, are important tools of newsgathering. To date, more than 100 complaints about the use of VNRs have been filed with the FCC. (Read more)

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