Edward R. Murrow in the early days of television said:
"Television, this instrument can teach. It can illuminate. It can
even inspire but it can do so only through the extent that humans are
determined to use it to those ends.
Otherwise, it is nothing but wires and in a box."
a new Fairness Doctrine:
| to distinguish opinions from news, |
| to regulate digital platforms as Public Utilities, |
| use governmental anti-trust authority
to regulate the media |
government regulation and intervention may be appropriate.
We are living in an unprecedented time with more information available at
people's fingertips than any time in history but also with a cacophony and
confusion that follows.
Only one private industry is mentioned in US Constitution and it's the
Press. And I don't think it's by accident.
I think that the Framers of the Constitution understood how
central the Press is to
| the maintenance of a constitutional democracy, |
| the distribution of ideas and information. |
| hold government officers accountable to voters. |
We're in a crisis right now when it comes to the private news industry.
Whatever the medium, whether it's print or broadcast or internet or cable, there
is a devastating disruption and particularly
the older forms are being disrupted by the internet generally, which doesn't
view itself and its leaders do not think of themselves as journalists in the
news industry and nonetheless,
they have built an AD Industry that draws
away from conventional media the hard blood of the financial mechanism that
supported broadcast news, cable news and print media.
The devastation has been so profound that over 50% of newspapers have reduced
employment, many are closing and that's also true in Broadcast.
And it's not just the reduction of news, creating news deserts in many
parts of the country where there's literally no local news.
It's also eliminating the lines between Opinion
and Reporting Facts.
What I do think is very significant here is that the First Amendment has
been conceived of throughout American history as important.
But only recently -- more as a barrier to government
action.
In fact, throughout American history, the United States government has
been deeply involved in every aspect of the media, whether
| offering discounts or free distribution of media newspaper and
publications through the post office from the very first congress. |
| Or all the way to financing the first telegraph line and actually paying
for the research through the national Science Foundation for the
algorithm that created Google |
| or investing in the very research that produced the internet. |
The biggest internet platform companies are giving full employment to
cognitive psychologists and behavioral psychologists who are paid
full time to find ways to exploit our confusion and our
vulnerabilities to find ways to keep us engaged by making sure that the
algorithms amplify what is most enraging,
what is most upsetting, what is most
divisive.
That is not simply allowing us to pursue our own choices. That's
exploitation.
And in this area and every area, the Government has
obligations to protect consumers, to guard
us from exploitation.
And it's that kind of Regulation that I call
for enforcing laws that are currently on the books and strengthening the
capacity to do so, so that there is not that kind of exploitation.
section 230 of the Communications Decency Act. There's a
half a dozen bills currently under consideration in congress.
But it's the Right wanting to use government
power to force outlets to carry their messages
The courts (which have been such vindicators of the First Amendment
values) ironically are now becoming barriers
by using a kind of weaponized First Amendment to strike down the very
rules that make the marketplace of ideas possible.
So just as an example in a recent opinion, the court of appeals for the fourth
circuit struck down as unconstitutional a
requirement of the disclosure of the source of political
ads, even though within recent memory, the Supreme Court said,
"One thing we know is constitutional is -- required disclosure of the
source of the ads."
We're on a collision course with sanity here and the First Amendment
should not be a barrier to sane
regulation and indeed to enabling people to
monitor what we're being fed.
the government needs to mandate disclosure about where
Misinformation is coming from and distinguish
facts from opinion
And restrict section 230 immunity.
SOURCE
Martha Minow, Saving the News: Why the
Constitution Calls for Government Action to Preserve Freedom of Speech
|
the Coleman Doctrine: -- if you aired a
paid attack on something, you had to give free air time to rebuttal. |
|
what got the most attention made the most money
and what got the most attention was outrage and misinformation. |
|
the collapse of a business model for
reality-based journalism, which means that organizations are increasingly
pushed toward writing opinion, toward just outright
making stuff up -- telling people what they
want to hear instead of actually checking to see if it's true. This has
reached crisis proportions. |
|
figuring out ways to make these platforms
less friendly to misinformation. And it's going to be like what Facebook
is doing now, the Oversight Board, which I
think is a very interesting institutional experiment, doing exactly what the
American Society of Newspaper Editors was doing a century ago, |
|
treating the large digital platform companies as
Public Utilities will permit regulation including potentially a
new Fairness Doctrine requiring
responsible exercise to the platform's moderating capabilities or an awareness
doctrine assisting users in navigating both the content and their own uses of
it. |
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Fundamentally in Broadcast and Cable it has been the government
that has organized the market and decided what kind of competition to have and
what kind not to have.
So we've always had active and direct government
engagement and I think this is not the time to stop.
This is the time to in fact, amplify that attention to make sure
we have a rich and vibrant ecosystem, particularly of news.
In that context, I identify two kinds of reforms.
- One is to actually tackle the forces that are undermining the viability of
private news industry and
- the second is to support, amplify and sustain a variety of public interest
news operations to profit, non profit and public media.
I do think that there's room to tax the internet companies.
I do think that there's room to even take the revenues from that tax and plow it
back into reinvestment into News because
actually, they are circulating news that is produced by
News Organizations
without paying for it.
I'm sure that there's power to enforce
the Intellectual Property laws and require
payment for the circulation of material developed by others.
I do think that there's even room to develop a new
Fairness Doctrine where the platform internet companies would not be
censors but instead be sharers of varieties of viewpoints and news.
And I, I'm sure that there's capacity and I hope that there's will to
strengthen something like a public internet that creates alternatives and
improve some marketplace of competition.
So I look forward to more conversation but that's the basic outline.
|