Should the FCC Review Fox’s “Character” Qualifications to Remain A Broadcast Licensee?
As Tucker Carlson said almost nightly on his Fox News show, “I’m just asking the question”!
I was a Fox executive from 1990 to 1997 helping to build Fox Broadcasting Company (“FBC”), the long sought fourth free-over-the-air commercial TV network. I successfully secured for Fox, and its principal Rupert Murdoch, waivers of numerous laws and regulations necessary/helpful to launch FBC. My colleagues and I were proud to build FBC and a new brand in television – FOX, a brand with integrity that stood for competition and innovation (like showing viewers the scrimmage line electronically in NFL broadcasts). In my time at Fox I greatly admired Rupert whose vision and boldness made our good work possible.
In addition to FBC, Fox owns cable channels like Fox News Channel (“FNC”) and 28 local broadcast TV stations. The Federal Communications Commission (“FCC”) has almost no regulatory authority over cable channels like FNC but heavily regulates local broadcast stations that use public airwaves.
Section 308 (b) of the Communications Act requires the FCC to assess the character qualifications of parties licensed to broadcast on the public airwaves. The FCC considers conduct at the broadcast station and elsewhere. The FCC has revoked broadcast licenses based on character issues.
On March 31, 2023, Judge Davis of the Superior Court of Delaware, in the Dominion case, issued a written Order finding that Fox repeatedly presented false news – “news distortion” in FCC parlance – about the 2020 election on FNC. Judge Davis’s Order states:
“The evidence developed in this civil proceeding demonstrates that it is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true. Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity”. Emphasis in original.
Fox did not appeal this decision. In fact, it issued a Statement in which it acknowledged the Judge’s ruling.
The record before Judge Davis is full of evidence that Fox management and FNC personalities knew that the 2020 election had not been stolen but were worried that if they told the truth it would alienate their core viewers. In my opinion, that means that the false news was presented knowingly.
In a month’s long series of email exchanges, I tried to get Rupert to stop the false news on FNC. Without my knowledge, Fox produced those emails as part of discovery in the Dominion case. I would not otherwise share them here.
On January 5, without a clue what would happen the next day, I sent Rupert the following email:
“It would be a great service to the Country that I know you love, and to the party, to record and saturate a spot with Sean, Tucker, Laura, etc. saying something like: “We will never stop fighting for Freedom and the American way of life and against extreme liberal policies. While we are frustrated just like you are, the facts are that President Trump and his lawyers have not produced any evidence of widespread voter fraud that would change the fact that Joe Biden was elected President on November 3. All of us at Fox will work tirelessly for you and to serve as a watchdog on the Biden Administration. Meanwhile, please wear a mask and get vaccinated so that we can crush the virus.”
I knew from earlier email exchanges that Rupert did not believe that the election had been stolen. This was his response:
“I’ll think about it. Perhaps something like that in a few days!”
From the finding below in Judge Davis’ Order we know that Rupert followed up on my suggestion on the same day:
‘On January 5, 2021, Rupert Murdoch emailed Ms. Scott [CEO of FNC] that it was suggested the “prime time three should independently or together say something like ‘the election is over and Joe Biden won’. Ms. Scott forwarded it to Ms. Cooper and said “I told Rupert privately they are all there – we need to be careful about using the shows and pissing off the viewers but they know how to navigate”.
To my knowledge, no such statement ever was telecast.
The same senior management including Rupert and his Son Lachlan, oversee both FNC and the Fox Owned television stations – they call the shots. FNC produces a weekly program, “Fox News Sunday” that is broadcast by the Fox Owned Television Stations. FNC also provides national and international news coverage to the Fox Owned television stations.
False news has consequences. Despite all the factual information available to the contrary, millions of Americans, including Fox viewers, believe that the 2020 election was stolen. The rioters at the U.S. Capitol on January 6 were chanting “Stop the Steal”.
To the best of my knowledge, the FCC never before has been confronted with a judicial holding that a broadcast licensee knowingly and repeatedly presented false news. It is hard to imagine an issue that more directly impacts a broadcast licensee’s character qualifications. Can anyone imagine Walter Cronkite, Peter Jennings or Tom Brokow (and their bosses Bill Paley, Tom Murphy and Jack Welch) knowingly and repeatedly presenting false news? It simply is unimaginable.
So, the question arises, should the FCC review Fox’s character qualifications to remain a steward of the public airwaves.
Just asking the question.
Preston Padden served in multiple executive roles at Fox; as President of the ABC Television Network; and as Exec VP of The Walt Disney Company
boulderpreston.com 