FCC Fine of WDBJ Will Chill Speech, Say NAB, RTDNA

The FCC’s decision to fine Schurz Communications' WDBJ Roanoke, Virginia, the maximum allowable $325,000 for having "inadvertently aired a fleeting sexual image in a newscast“ is "tantamount to imposing a sentence of life imprisonment for petty theft,” said NAB and RTDNA in comments on the notice of apparent liability (see 1507010066) filed Tuesday. “The proposed sanction on WDBJ cannot be squared with relevant legal standards, common sense, or fundamental fairness,” the filing said. The “extraordinarily punitive” fine and the NAL’s focus on the content of the news story at issue -- which involved a volunteer firefighter found to have participated in online pornography -- suggest “that the Commission’s subjective view of the merit of WDBJ’s underlying news story drove the unprecedented decision here,” NAB and RTDNA said. “As such, the FCC’s action is a direct affront to First Amendment values that undoubtedly will further chill broadcast speech,” the filing said. The proposed fine is legally indefensible and should be rescinded, they said.