the FCC guidelines about honest reporting are just that- guidelines, with no legal weight. Of course, it took FOX several appeals in order to get this ruling, but they got it.
Link to the court's ruling:
http://www.2dca.org/opinion/February%2014,%202003/2D01-529.pdfand a small write-up of the issue:
http://www.straybulletins.com/LMB/weblog/archive/2003_02.htmlFla. Court Overturns Reporter's Jury Award- this one pisses me off because I've been writing about this story for years. Back in 1997, two Tampa reporters put together a series of television news segments about the use of artificial Bovine Growth Hormone (rBGH) in dairy cows to increase their milk production. The two found that rBGH posed a risk to human health, and that there was really no way of knowing if the milk Floridians were drinking came from rBGH cows or not. Enter Monsanto, one of the most evil corporations on planet Earth. Before the story aired, Monsanto (which manufactures and sells "Posilac," the most popular brand of rBGH) intimidated the reporters' television station into re-editting the piece so that it was "more fair" to Monsanto's point of view. But repeated re-writse were not good enough for the scared execs, and eventually the reporters were fired for refusing to lie in their story.
The reporters recently sued their old employers, claiming that they had violated the state's whistleblower act. The two argued that they were about to "blow the whistle" on their station's illegal practice of distorting the news, and that their station illegally fired them in retaliation. They won the suit.
And then their win was overturned. This latest judge found that the whistleblower claim didn't hold up, because her station did not violate the law. And since they didn't violate the law, they couldn't have a whistle blown on them.
The ruling explicitly claims that when a TV station distorts the news, it is not violating FCC regulations. In other words, it is perfectly legal for television news to lie to you. Which is good for the Fox News Channel, I suppose.