FOR IMMEDIATE RELEASE
CONTACT: MIKE HILL, NABC
(212) 684-8910
NABC Refutes Latest Claim by Group
Alleging Improper TV Station Disclosures
NABC Rejects Group’s Application of FCC Sponsorship Identification Rules
Washington, November 14, 2006 -- The National Association of Broadcast Communicators (NABC), an association of public relations video producers and distributors, has reviewed the latest claims made by the Center for Media and Democracy (CMD) alleging improper sponsorship disclosures on the part of local television stations. NABC has found -- once again -- that there appear to be no violations of any rules or regulations of the Federal Communications Commission (FCC).
The FCC is currently
reviewing whether a group of television stations disclosed sources as required
by the Commission’s rules and regulations when airing video news releases
(VNRs), the video version of printed press releases. VNRs are made available
to broadcasters without charge or obligation by public relations professionals
and broadcast public relations companies acting on behalf of third parties.
The FCC inquiry was initiated after a report was submitted to the FCC last
April by CMD. The report alleges that some television stations aired VNRs
without disclosing their sources to viewers, charging that this violated
the FCC’s sponsorship identification requirements.
The original report was thoroughly refuted by the NABC and the Radio-Television
News Directors Association (RTNDA) in filings presented to the FCC in October.
“The new report
appears to contain the same unsupported allegations
and baseless charges made in the first one,” said Kevin Foley, president
of the NABC. “We reviewed the applicable rules and we presented a
compelling legal case to the FCC showing that none of the CMD cases appeared
to violate any FCC’s rules. The CMD has not contradicted our legal
arguments. At this late date, after all of their allegations, they still
can point to no FCC rule that appears to have been violated.”
The RTNDA said the original report was “rife with unsubstantiated accusations and misleading half-truths”, and called for a halt to the inquiry, which it called “an unprecedented regulatory intrusion into newsroom operations”.
While the NABC supports the Commission’s efforts to ensure compliance with its sponsorship identification requirements, the rules and a long line of precedent interpreting those rules show that sponsorship identification is required only when a VNR relates to (1) controversial issues of public importance, (2) political matters or (3) matters for which stations receive payment or other consideration for broadcasting pre-packaged materials. The NABC told the Commission on October 16 that none of the cases cited in the CMD’s first report appeared to meet any of these tests. CMD’s latest report appears to contain the same type of unsupported allegations.
The FCC’s rules and regulations do not require identification by broadcasters of the sources or sponsorship of information they air, except under the limited circumstances described above. In recognition of their First Amendment rights, broadcasters generally are free to exercise their editorial discretion and to use VNRs that reference commercially available products or services without violating FCC requirements.
The NABC is confident that the FCC will consider this issue within the framework of its existing rules and precedent, with due respect for the First Amendment rights of newscasters to make editorial decisions, and that the result of this investigation will be confirmation of a high degree of compliance with applicable FCC requirements.
The NABC establishes standards and guidelines for the professional activities of its member companies and to represent the profession before the broadcast industry, the regulatory community and the public relations industry.
More information
is available at www.broadcastcommunicators.org.
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Joint Statement
The National Association
of Broadcast Communicators
and
The Public Relations Society of America
FOR IMMEDIATE
RELEASE
CONTACT:
Mike Hill, NABC
(212) 684-8910
Cedric Bess, PRSA
(212) 460-1495
NABC and PRSA Join Forces to Support Current FCC Rules on VNRs
Washington, October 16, 2006 – The National Association of Broadcast Communicators (NABC) and the Public Relations Society of America (PRSA) have joined together to express their support of the Federal Communications Commission’s efforts to ensure compliance with its sponsorship identification requirements.
The NABC is a professional association of leading broadcast public relations companies that are actively engaged in the production and/or distribution of video news releases, satellite media tours and other electronic public relations content. PRSA is the world's largest organization for public relations professionals, with more than 21,000 members who represent business and industry, technology, counseling firms, government, associations, hospitals, schools, professional services firms and nonprofit organizations.
The FCC is currently reviewing whether a group of television stations disclosed sources when they aired video news releases, the video version of a printed press release that is made available to broadcasters by public relations professionals and broadcast public relations companies on behalf of third parties. The FCC inquiry was initiated as a result of a report submitted to the FCC last April by the Center for Media and Democracy (CMD), an activist group. The report alleges that 77 television stations aired VNRs or SMTs in 98 separate instances without properly disclosing their sources to viewers in compliance with the FCC’s sponsorship identification requirements.
However, the NABC and PRSA also believe the CMD report seriously distorts the Commission’s rules concerning VNRs and creates the false impression that numerous broadcast stations across the country are violating FCC rules. The Radio-Television News Directors Association (RTNDA) also challenged the CMD report in a filing made with FCC on October 5, calling it “…rife with unsubstantiated accusations and misleading half-truths”.
VNRs are the television equivalent of a press release. Public relations professionals retain the services of specialized companies to produce and distribute VNRs with full source attribution to television newscasters. VNRs cover a wide variety of useful and informative topics such as new products or services, health and medical news, and special events.
VNRs are provided to broadcast stations without charge. The stations are under no obligation to air VNRs, completely or in part, nor are they subject to quid pro quo conditions for their production. Stations are free to edit and revise the VNRs as they see fit in their discretion to ensure that they meet the broadcasters’ individual editorial standards. If a newsroom does air a VNR, it has full freedom to alter the story in whatever way it deems appropriate, even if it negates the VNR’s original message.
Currently, the FCC
does not require any identification by broadcasters of the sources or sponsorship
of any information they air, except under certain circumstances. In general,
broadcasters are free to use VNRs that reference commercially available
products or services, without violating FCC requirements.
The Commission has long recognized that attempting to apply identification requirements each and every time any film, record, transcription, talent, script or other material, including VNRs, is used by a broadcaster would so intrude into the newsroom as to inhibit television and radio news programs and destroy a good part of their usefulness to the public. Under the FCC’s rules and a long line of precedent interpreting the rules, sponsorship identification is required only when a VNR relates to (1) controversial issues of public importance, (2) political matters or (3) matters for which stations receive payment or other consideration for broadcasting pre-packaged materials.
Many of the “abuses”
cited in the CMD report do not fall into any of these categories but rather
touch on such subjects as:
• The use of candy flavored lip gloss;
• Holiday gift ideas;
• The making of a Super Bowl advertisement;
• A shortage of qualified auto technicians;
• An Internet game;
• Super Bowl party tips;
• Holiday travel tips;
• Floral care tips; and
• The versatility of pancakes.
Although on the surface these instances of VNR usage do not appear to violate
FCC rules or precedent, the CMD identified these as examples of seriously
improper conduct on the part of broadcasters.
The NABC and the PRSA have independently addressed the issue of disclosure
with their respective members and with the individuals involved in the professions
they represent. All have stated clearly and emphatically that the public
has a right to know the sources of all information coming over the public
airwaves – even that which is outside the parameters of paid, political
or controversial content. Those who provide the materials to broadcasters
have a professional responsibility to faithfully inform broadcasters of
the true origins of the materials. Finally, broadcasters have the obligation
to disclose the sources of those materials to the public in the best way
they see fit. These groups are best equipped to reinforce those principles
on a peer-to-peer basis.
The FCC relies on broadcasters to exercise discretion in determining which
issues are “controversial” or “political”. We believe,
therefore, that the Commission should preserve that same latitude for broadcasters
to exercise their own creativity and judgment in how they identify the source
and sponsorship of all third party materials they air. Government must not
substitute its judgment for that of the newscaster, but should only determine
whether a broadcaster has acted reasonably and in good faith in making its
decisions.
We are confident that the FCC will consider this issue within the framework
of its existing rules and precedent, with due respect for the First Amendment
rights of newscasters to make editorial decisions, and that the result of
this investigation will be confirmation of a high degree of compliance with
applicable FCC requirements.
FOR IMMEDIATE
RELEASE
CONTACT:
Mike Hill, NBN
(212) 684-8910
Broadcast
Public Relations Companies Form
National Association of Broadcast Communicators
Washington, October 16, 2006 -- The leading broadcast public relations companies have formed a professional association, the National Association of Broadcast Communicators (NABC), for the purpose of establishing standards and guidelines for the professional activities of its member companies and to represent the profession before the broadcast industry, the regulatory community and the public relations industry.
All members of the NABC are actively engaged in the production and/or distribution of video news releases, satellite media tours and other electronic public relations content. Any company so engaged is welcome to join the NABC. As a condition of membership in NABC, all members voluntarily submit to compliance with its Membership Code (attached).
Founding members of the NABC include Auritt Communications, DS Simon Productions, DWJ Television, Gordon Productions, Gourvitz Communications, Home Front Communications, KEF Media Associates, Medialink, MultiVu, News Broadcast Network, On the Scene Productions, PLUS Media, VNR 1, and WestGlen Communications.
The association has elected to its first executive committee Kevin Foley of KEF Media Associates as president, and Mike Hill of News Broadcast Network and Larry Thomas of Medialink as vice presidents.
The association has retained the law firm of Keller and Heckman of Washington, D.C., and Bryan Cave Strategies, a Washington-based lobbying firm, in its efforts to address Federal Communications Commission concerns over disclosure to the public of the sources of video news releases and satellite media tours by television stations identified in a report prepared by the Center for Media and Democracy and presented to the FCC last April.
The NABC supports the FCC’s efforts to ensure compliance with its sponsorship identification requirements. The CMD report, however, seriously distorts the Commission’s requirements as applicable to VNRs and creates the false impression that numerous broadcast stations across the country are currently violating the Commission’s rules.
Membership
Code Of the
National Association of Broadcast Communicators
Members of the National Association of Broadcast Communicators (“NABC”) are actively engaged in the production and/or distribution of Video News Releases (“VNRs”). NABC has been created for the purpose of establishing standards and guidelines for the professional activities of its member companies and to represent the profession before the broadcast industry, the regulatory community and the public relations industry. As a condition of membership in NABC, all members voluntarily submit to compliance with this Membership Code.
In today’s video media environment, VNRs are an important and integral part of the dissemination of information to the public. VNRs, in essence, are the video equivalent of printed news releases, with footage that illustrates visually what news releases describe on paper. VNRs are made available at no cost to news services, networks, affiliates, independent stations and other outlets for their free and unrestricted use and are formatted to facilitate editing by broadcasters in their discretion. They are provided in edited and scripted form with the voice narration on a separate “track,” again to facilitate rewriting and editing. When not edited, some broadcasters exercise their editorial judgment to present all or large parts of VNRs in their entirety. Some VNRs are rewritten by broadcasters, and some are re-narrated using some or all of the original script. In each case, broadcasters make individual determinations as to whether, and if so how best, to incorporate VNRs into their broadcasts just as they make all other editorial decisions regarding the content of their broadcasts.
Some VNRs consist of fully produced materials, while others are comprised of only “bites” or “b-rolls” that provide background or limited highlights to support broader communications activities. Through the appropriate use of VNRs, broadcasters are able to illustrate more fully news stories and other programming, which enables the public to receive information of interest that is not necessarily available from other sources.
NABC members recognize that the use of VNRs by broadcasters should not be unfettered. Broadcasters must operate in accordance with specific rules of the Federal Communications Commission (“FCC”), including rules that require source identification of sponsored materials in certain cases.
This NABC Membership
Code represents the VNR industry’s commitment to appropriate attribution
and source identification of its product, consistent with the First Amendment
rights of VNR customers to utilize VNRs as well as the First Amendment rights
of broadcasters to exercise editorial discretion and control regarding news
and other programming. Most broadcasters act reasonably and in good faith
in their use of VNRs, and NABC urges regulatory bodies to exercise caution
in taking any action that could interfere with broadcasters’ journalistic
judgment or otherwise unfairly impinge on the ability of third parties to
create and make available to the public information in video format.
The membership of any member failing to comply with this Membership Code
shall be subject to termination at the sole discretion of NABC, after due
process, for a period deemed appropriate by NABC in light of the nature
and scope of the violation. Upon application for reinstatement of membership,
such former member shall be required to demonstrate to NABC’s reasonable
satisfaction that procedures have been established to prevent a recurrence
of the violation.
NABC believes that its members’ commitment to the proper attribution and source identification of VNRs will assist broadcasters by making available to them much needed video source materials while facilitating the distribution of news and other programming to the public in accordance with applicable FCC regulations.
Accordingly, consistent with the above, NABC members endorse and agree to act in accordance with the following principles:
• First, NABC members recognize that in today’s video media environment, the appropriate use of VNRs is an important and integral part of the dissemination of information to the public;
• Second, NABC members believe that broadcasters are able to illustrate more fully news stories and other programming through the appropriate use of VNRs, thereby enabling the public to receive news and other information of interest that is not available from other sources;
• Third, NABC members respect the First Amendment rights of their customers to use VNRs, as well as the First Amendment rights of individual broadcasters to exercise appropriate editorial control and discretion concerning their use of VNRs;
• Fourth, NABC members support the full and fair disclosure of news and programming sources by broadcasters in accordance with existing FCC rules and policies, which NABC members endorse as sufficient to ensure proper attribution and identification concerning the source and use of VNRs;
• Fifth, while the great majority of broadcasters act reasonably and
in good faith in their use of VNRs, NABC members are committed to assisting
all broadcasters in fully complying with the FCC’s news and program
sponsorship requirements by including attribution and source identification
information as required by FCC rules and policies;
• Sixth, NABC members support the Code of Ethics and Professional Conduct of the Radio-Television News Directors Association (“RTNDA”) and RTNDA’s Guidelines for Use of Non-Editorial Video and Audio, which, among other things, state that professional electronic journalists should clearly disclose the origin of information and label materials provided by outsiders;
• Seventh, NABC members condemn the payment of money or other valuable consideration to broadcasters in return for the broadcasting of VNRs, without disclosure as required by FCC regulations, and shall report to NABC and/or the FCC any attempts by any broadcasters to solicit such payments;
• Eighth, NABC members are committed to educating the public regarding the appropriate use of VNRs, consistent with FCC requirements and the First Amendment rights of broadcasters and NABC members’ customers; and
• Ninth, the membership of any NABC member failing to comply with this Membership Code shall be subject to termination in the sole discretion of NABC, after appropriate due process, for a period deemed appropriate by NABC in light of the nature and scope of the violation.
AGREED.
___________________________
Member
By:
____________________________
Name
____________________________
Title
____________________________
Date
www.broadcastcommunicators.org
