S. 003 Promoting Fairness in the Media Act

An Act to reinstate the Fairness Doctrine and promote fairness in the media

Whereas, many news channels on both television and radio display partisan bias in their reporting.

Whereas, this biased reporting results in increased polarization among Americans.

Whereas, the Fairness Doctrine was repealed in 1987.

Whereas, the Fairness Doctrine has been found by the Supreme Court to not be in violation of the First Amendment.

Whereas, Americans are currently very divided due to political reasons in the current day.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1: SHORT TITLE

This Act may be referred to as the “Promoting Fairness in the Media Act”

SECTION 2: DEFINITIONS

(1) The Federal Communications Commission (FCC) shall refer to the United States federal government agency that regulates broadcast communications in the United States.

(2) The Fairness Doctrine shall refer to the FCC policy introduced in 1949 that required news broadcasters to discuss issues in an honest and unbiased way.

(3) Broadcasters shall refer to any news organizations within the United States that delivers news stories over radio or television.

(4) Chair shall refer to the chair of the FCC.

SECTION 3: PURPOSE AND FINDINGS

(1) PURPOSE:

(a) To restore the Fairness Doctrine, which was abolished in 1987.

(b) To require news media reporters and staff writers to participate in integrity training.

(c) To promote fairness in the media.

(d) To lessen partisan divisions among Americans.

(2) FINDINGS:

(a) The Fairness Doctrine has not been in effect since 1987, when it was revoked by the chair.

(b) Americans have become increasingly divided politically as the years have gone on.

(c) Only listening to one biased media side has led to the warping of Americans’ views on those on the other side of the aisle from them.

(d) The Fairness Doctrine was found to be constitutional and not in violation of the First Amendment by the Supreme Court in the case Red Lion Broadcasting Co. v. FCC

(e) The Fairness Doctrine can foster productive debate in the United States, hopefully reducing echo chambers and division in the country.

SECTION 4: RESTORATION OF THE FAIRNESS DOCTRINE

(1) 47 U.S. Code § 315 is hereby amended to add the following:

(f) The FCC Fairness Doctrine policy is hereby fully restored and shall have full effect.

(1) Who must comply:

(A) All broadcasters that present news to the American public must abide by the requirements of the Fairness Doctrine and thus present political new stories in an honest and unbiased way, ensuring all prominent and credible viewpoints on issues are presented.

(2) Violation of the Fairness Doctrine:

(A) Any broadcasters in the United States that are suspected of violating the Fairness Doctrine by the FCC shall be required to participate in a hearing to be arranged by the FCC.

(B) This hearing must be fair and the broadcaster must be given a chance to defend themselves.

(C) If it is found that a broadcaster is guilty of violating the Fairness Doctrine at the conclusion of the hearing, consequences shall be as follows:

(i) Pursuant to 47 U.S. Code § 502, a fine of $500 for each day the violation occurred.

(ii) The chair of the FCC shall review and determine whether or not the broadcaster’s broadcasting license should be denied renewal upon its next expiration.

(iii) The denial of a broadcasting license renewal is only recommended for broadcasters that have been found to have multiple intentional repeated violations of the Fairness Doctrine by FCC hearings.

(3) Enforcement:

(i) The chair shall be responsible for administering the Fairness Doctrine policy and ensuring its enforcement.

SECTION 5: ENACTMENT

(1) This Act shall go into effect six months after passage.

(2) Severability - If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person or circumstance, shall not be affected.

This Act is authored and sponsored by Senator Polkadot (D-GA), cosponsored by Senator Tripplyons18 (D-DX), Speaker of the House Brihimia (D-US), House Majority Leader ItsZippy23 (D-AC-1), Rep. Anacornda (D-AC-2), Rep. StevenIng29 (D-US), and Rep. JohnGRobertsJr (D-DX-1)