Fairness Doctrine Could Control Web Content

There’s a huge concern among conservative talk radio hosts that reinstatement of the Fairness Doctrine would all-but destroy the industry due to equal time constraints. But speech limits might not stop at radio. They could even be extended to include the Internet and “government dictating content policy.”

FCC Commissioner Robert McDowell raised that as a possibility after talking with bloggers at the Heritage Foundation in Washington, D.C. McDowell spoke about a recent FCC vote to bar Comcast from engaging in certain Internet practices – expanding the federal agency’s oversight of Internet networks.

The commissioner, a 2006 President Bush appointee, told the Business & Media Institute the Fairness Doctrine could be intertwined with the net neutrality battle. The result might end with the government regulating content on the Web, he warned. McDowell, who was against reprimanding Comcast, said the net neutrality effort could win the support of “a few isolated conservatives” who may not fully realize the long-term effects of government regulation.

“I think the fear is that somehow large corporations will censor their content, their points of view, right,” McDowell said. “I think the bigger concern for them should be if you have government dictating content policy, which by the way would have a big First Amendment problem.”

“Then, whoever is in charge of government is going to determine what is fair, under a so-called ‘Fairness Doctrine,’ which won’t be called that – it’ll be called something else,” McDowell said. “So, will Web sites, will bloggers have to give equal time or equal space on their Web site to opposing views rather than letting the marketplace of ideas determine that?”

McDowell told BMI the Fairness Doctrine isn’t currently on the FCC’s radar. But a new administration and Congress elected in 2008 might renew Fairness Doctrine efforts, but under another name.

“The Fairness Doctrine has not been raised at the FCC, but the importance of this election is in part – has something to do with that,” McDowell said. “So you know, this election, if it goes one way, we could see a re-imposition of the Fairness Doctrine. There is a discussion of it in Congress. I think it won’t be called the Fairness Doctrine by folks who are promoting it. I think it will be called something else and I think it’ll be intertwined into the net neutrality debate.”

A recent study by the Media Research Center’s Culture & Media Institute argues that the three main points in support of the Fairness Doctrine – scarcity of the media, corporate censorship of liberal viewpoints, and public interest – are myths.