Fairness Doctrine

The Fairness Doctrine was a policy of the United States Federal Communications Commission (FCC), introduced in 1949, that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that was — in the Commission's view — honest, equitable, and balanced. The FCC, which was believed to have been under pressure from then President Ronald Reagan, eliminated the Doctrine in 1987. The FCC formally removed the language that implemented the Doctrine, in August of 2011.

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.

The main agenda for the doctrine was to ensure that viewers were exposed to a diversity of viewpoints. In 1969 the United States Supreme Court upheld the FCC's general right to enforce the Fairness Doctrine where channels were limited. But the courts did not rule that the FCC was obliged to do so. 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. However, the proliferation of cable television, multiple channels within cable, public-access channels, and the Internet have eroded this argument, since there are plenty of places for ordinary individuals to make public comments on controversial issues at low or no cost at all.

The Fairness Doctrine should not be confused with the equal-time rule. The Fairness Doctrine deals with discussion of controversial issues, while the equal-time rule deals only with political candidates.

In 1949, the Mayflower Doctrine, which had forbidden editorializing on the radio since 1941, was repealed. This made way for the Fairness Doctrine. The 1949 FCC Commission Report served as the foundation for the Fairness Doctrine. It established two forms of regulation on broadcasters: to provide adequate coverage of public issues, and to ensure that coverage fairly represented opposing views. The second rule required broadcasters to provide reply time to issue-oriented citizens. Broadcasters could therefore trigger Fairness Doctrine complaints without editorializing. The commission required neither of the Fairness Doctrine's obligations before 1949. Until then broadcasters had to satisfy only general “public interest” standards of the Communications Act.

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