February 6, 2025 - WASHINGTON - On Wednesday, FCC Commissioner Anna M. Gomez issued the following statement after an unprecedented 
move by the FCC to open a proceeding and release materials from an active investigation:
Related: FCC Commissioner Statement on FCC Weaponization Against CBS Says, “Let’s Be Clear. This Is A Retaliatory Move By The Government Against Broadcasters Whose Content Or Coverage Is Perceived To Be Unfavorable. It Is Designed To Instill Fear”
“The transcript and footage of this interview provide no evidence that CBS and its affiliated broadcast stations violated FCC rules. Having now seen these materials, I see no reason to continue pursuing this investigation. The FCC should now move to dismiss this fishing expedition to avoid further politicizing our enforcement actions.
“It is unprecedented and reckless for the FCC to disclose the status of an active investigation and publicly share materials before its conclusion and before they’ve been shared with other members of this independent body. The agency’s Enforcement Bureau generally treats highly sensitive matters with confidentiality and discretion because they can have market impacts. This action sets a dangerous precedent that threatens to undermine trust in the FCC’s role as an impartial regulator. The FCC should stop trying to keep up with this Administration’s focus on partisan culture wars and return to its core focus of protecting consumers, promoting competition, and securing our communications networks.”
Background:
- According to the FCC, a news distortion claim: “must involve a significant event and not merely a minor or incidental aspect of the news report.”
- As a result, broadcasters are only subject to enforcement if it can be proven that they have deliberately distorted a factual news report. Expressions of opinion or errors stemming from mistakes are not actionable.
- Additionally, the FCC will only investigate claims that include evidence showing that the broadcast news report was deliberately intended to mislead viewers or listeners.
- For these reasons, FCC experts had previously dismissed the complaint against a CBS broadcast station due to lack of evidence and because it fell far short of the high standard needed for agency action.
- In it’s dismissal, the agency stated: The Commission is indeed “not the national arbiter of the ‘truth’ of news programming. Nor is the Commission prepared to judge the wisdom, accuracy, or adequacy with which particular news coverage may have been handled on the air.” Accordingly, while other remedies might be available here to the complainant, the Commission cannot – and will not –manufacture a rationale here to depart from its longstanding precedent and applicable law.
- More info on what qualifies as a news distortion claim can be found here: https://www.fcc.gov/broadcast-news-distortion
Source: Office of Commissioner Anna M. Gomez: (202) 418-2100,
ASL Videophone: (844) 432-2275
www.fcc.gov/leadership/anna-gomez
