The
fairness doctrine of the United States
Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of
broadcast licenses both to present controversial issues of public importance and to do so in a manner that fairly reflected differing viewpoints.
[1] In 1987, the FCC abolished the fairness doctrine,
[2] prompting some to urge its reintroduction through either Commission policy or congressional legislation.
[3] However later the FCC removed the rule that implemented the policy from the
Federal Register in August 2011.
[4]
The fairness doctrine had two basic elements: It required broadcasters to devote some of their airtime to discussing controversial matters of
public interest, and to air contrasting views regarding those matters. Stations were given wide latitude as to how to provide contrasting views: It could be done through news segments, public affairs shows, or editorials. The doctrine did not require equal time for opposing views but required that contrasting viewpoints be presented. The demise of this FCC rule has been considered by some to be a contributing factor for the rising level of
party polarization in the United States.
[5][6]
While the original purpose of the doctrine was to ensure that viewers were exposed to a diversity of viewpoints, it was used by both the Kennedy and later the Johnson administration to harass political opponents operating on talk radio. In 1969 the
United States Supreme Court, in
Red Lion Broadcasting Co. v. FCC, upheld the FCC's general right to enforce the fairness doctrine where channels were limited. However, the Court did not rule that the FCC was
obliged to do so.
[7] The courts reasoned that the scarcity of the broadcast spectrum, which limited the opportunity for access to the airwaves, created a need for the doctrine.
The fairness doctrine is not the same as the
equal-time rule, which is still in place. The fairness doctrine deals with discussion of controversial issues, while the equal-time rule deals only with political candidates.
