Fairness Doctrine History
Law Meant to Insure that Controversial Issues be Fair and Balanced
Nov 29, 2008
When the Fairness Doctrine became the policy of the United States Federal Communications Commission (FCC), it took the view that radio station licensees were "public trustees" and therefore had the obligation to give listeners a reasonable opportunity for discussion of contrasting points of view on controversial issues of public importance.
Fairness Doctrine Original Intent
The Fairness Doctrine grew out of the concern as the large numbers of applications for radio stations being submitted increased and there were a limited number of frequencies available. The intent was to make sure that holders of licenses did not use their stations simply as an advocate with a singular point of view. The FCC mandate to be enforced was that all perspectives must be allowed.
The doctrine ran parallel to Section 315 of the Communications Act of 1937 which required radio stations to offer "equal opportunity" to all legally qualified political candidates for any office if anyone with a opposing view had been allowed to express their views.
During the 1940s, the FCC has used the "Mayflower Doctrine" which prohibited editorializing by radio stations. But by the end of the decade, this began allowing editorializing only if other points of view were aired, balancing that of the station.
Fairness Doctrine Rules Defined
In 1967, the FCC began laying out rules that made the doctrine operational such as those concerned about personal attacks and political editorializing. By 1971 these were further defined. It began requiring stations to report, with their license renewal, efforts to seek out and address issues of concern to the community. Known as the "Ascertainment of Community Needs" and was done systematically by the station management.
Fairness Doctrine Congressional Action
In the spring of 1987, both houses of Congress voted to put the fairness doctrine into law. It would become a statutory fairness doctrine that the FCC would be required to enforce. President Ronald Reagan vetoed the legislation as part of his efforts to keep government out of the affairs of business. Congress was unable to overturn the veto. The doctrine surfaced during the Bush administration and was vetoed once again.
Fairness Doctrine in th 21st Century
Currently, there is no required balance of the presentation of controversial issues for broadcasting. Some members of Congress remain concerned and threaten to enact a new law. However, at this time, the public relies on the judgment of broadcast journalists and its own ability to sort out one-sided or distorted coverage of an issues.
As a Democrat Congress and President take office in 2009, it is expected that the fairness doctrine will come up for discussion once again.
Source: The Museum of Broadcast Communication
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