http://www.projectcensored.org/publications/2005/11.htmlCMW REPORT, Spring 2003
Title: “Court Ruled That Media Can Legally Lie”
Author: Liane Casten
ORGANIC CONSUMER ASSOCIATION, March 7, 2004
Title: "Florida Appeals Court Orders Akre-Wilson Must Pay Trial Costs for $24.3 Billion Fox Television; Couple Warns Journalists of Danger to Free Speech, Whistle Blower Protection"
Author: Al Krebs
Faculty Evaluator: Liz Burch, Ph.D.
Student Researcher: Sara Brunner
In February 2003, a Florida Court of Appeals unanimously agreed with an assertion by FOX News that there is no rule against distorting or falsifying the news in the United States.
Back in December of 1996, Jane Akre and her husband, Steve Wilson, were hired by FOX as a part of the Fox “Investigators” team at WTVT in Tampa Bay, Florida. In 1997 the team began work on a story about bovine growth hormone (BGH), a controversial substance manufactured by Monsanto Corporation. The couple produced a four-part series revealing that there were many health risks related to BGH and that Florida supermarket chains did little to avoid selling milk from cows treated with the hormone, despite assuring customers otherwise.
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FOX appealed the case, and on February 14, 2003 the Florida Second District Court of Appeals unanimously overturned the settlement awarded to Akre. The Court held that Akre’s threat to report the station’s actions to the FCC did not deserve protection under Florida’s whistle blower statute, because Florida’s whistle blower law states that an employer must violate an adopted “law, rule, or regulation." In a stunningly narrow interpretation of FCC rules, the Florida Appeals court claimed that the FCC policy against falsification of the news does not rise to the level of a "law, rule, or regulation," it was simply a "policy." Therefore, it is up to the station whether or not it wants to report honestly.
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What is more appalling are the five major media outlets that filed briefs of Amici Curiae- or friend of FOX – to support FOX’s position: Belo Corporation, Cox Television, Inc., Gannett Co., Inc., Media General Operations, Inc., and Post-Newsweek Stations, Inc. These are major media players! Their statement, “The station argued that it simply wanted to ensure that a news story about a scientific controversy regarding a commercial product was present with fairness and balance, and to ensure that it had a sound defense to any potential defamation claim.”
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the hands on the Fascist Time Clock moved closer to midnight