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Experts Critical of Practice

Aides to Pai Frequently Use Twitter to Praise, Criticize News Media Coverage of FCC

Officials working for FCC Chairman Ajit Pai have often used Twitter to slam news critical about the commission, according to our eight-month review of social media activities. Also unlike at DOJ, the FTC and NTIA, FCC aides using their government Twitter accounts regularly praise the substance of reporting that sheds a positive light on the agency under Pai. Some of the negative tweets may not abide by best practices, FCC responses to our Freedom of Information Act requests show.

That top officials working for Pai opine on TV news coverage while the communications regulator issues broadcast licenses raised concerns among experts of all political stripes who reviewed our data. This could have a chilling effect, discouraging journalists and others from holding the FCC to account, they said. "You don’t want the government to slowly head down the path of criticizing the media," said Technology Policy Institute President Scott Wallsten. Criticizing media "is a bad look" amid a global "history of censorship and chilled speech," said Sunlight Foundation Deputy Director Alex Howard.

The trend is indicative of a time when, following President Donald Trump, some in government use social media to attack journalists, said experts including Lynn Walsh, a broadcaster and with the Society of Professional Journalists. "That the FCC does regulate the individual organizations that they’re being critical of does make it that much more chilling," said Walsh, immediate past president of SPJ. (This story's author is president of the local SPJ board.) Six days after Trump's tweets about denying "licenses" to broadcast networks, Pai said that wouldn't comport with the First Amendment (see 1710170022).

FCC Chief of Staff Matthew Berry and Policy Adviser Nathan Leamer offered the most social media commentary on the news among commission staffers our database tracked. Leamer also used Twitter to attack Democratic members of Congress (here and here) and an ex-FCC chairman who disagreed with Pai on net neutrality. Pai, a prolific tweeter, doesn't use Twitter to opine on news content regarding the FCC but reacts favorably to others' tweets opposing critical coverage. While Pai "is a responsible tweeter," the FCC "should steer clear of commenting on the content of any of their licensees in this informal context," said Media Institute Executive Director Richard Kaplar.

Commissioner Mike O’Rielly was the only other FCC member with such tweets. He called a Washington Post (see 1706230061) story a “nothingburger” and praised an editorial in the Providence Journal (see 1703080036) against 911-fee diversion.

When there are stories about the FCC that contain false or misleading information, the Commission’s leadership has every right to correct the record,” emailed a spokeswoman.

Expansive Use

Pai fulfilled expectations he would use social media more than his predecessors (see 1701030020 and 1612280041), but experts said our database shows the agency doesn't seem to fully engage with the public.

Observers don't object to using the agency's blog or to Pai, via Medium, explaining his proposals. They praised his approachable manner. But Sunlight's Howard said Pai wouldn't engage with him on Twitter, and others said our database shows little two-way interaction. "It’s like they are bravely standing up at a town hall meeting and reading from a script when everybody is yelling at them," said Sunlight's Howard. George Washington University assistant professor of media and public affairs William Youmans said that "what we should be demanding out of public officials is responsiveness."

Some said it's murky whether social media commentary creates policies requiring rulemaking processes. They noted blurred lines between whether FCC staff who tweet express personal or official views. "A bad practice," said Georgetown University Institute for Public Representation co-Director Angela Campbell. "It’s confusing." It seems "it shouldn’t carry any official authority," she said of Pai's tweets, yet "it could be signaling important information."

Tweets by FCC officials don't appear always to reflect agency guidelines on comments from the public. The agency won't publish comments that "make unsupported accusations," said its public policy. "Expect conversations to respect traditional conventions of polite discourse." No "personal attacks." An internal digital media style guide recommends messages be "friendly." A 2014 directive said the agency "encourages the use of Social Media technologies to enhance communication, transparency, collaboration, and information exchange in support of its mission and Open Government."

Attacking Media

In 15 tweets since March 1, top FCC officials slammed the substance of five news stories and editorials about the agency.

FCC Office of Media Relations Director Brian Hart tweeted Aug. 15 that it's "tough for LA Times to make the case when so complimentary: '@AjitPaiFCC, who seems to have never met a regulation he didn’t want to kill.'" Pai "liked" that tweet, which quoted an editorial on "Pai’s retreat" on net neutrality rules in planning to undo the last Democratic-led FCC's treatment of broadband service as akin to a utility.

In a dozen episodes, tweets praised reports favorable to the agency. Several were by news organizations linked to operations overseen by the FCC: "NBC Nightly News" came in for favor twice for reports on the FCC cracking down on robocalls, and NPR's similar coverage got kudos. Leamer tweeted, "Great clip from @NBCNightlyNews showing how @AjitPaiFCC is leading the @FCC to combat robocalls." Linking to a "Morning Edition" report on npr.org, Leamer tweeted, "Great article by @planetmoney on problematic robocalls. Click for the story, stay for the @AjitPaiFCC interview." Berry and Hart retweeted Leamer's praise.

"Great article about @AjitPaiFCC's proposal to stop rural Americans' phone bills from rising. Vote is tomorrow," tweeted Berry May 17 about a Community Newspaper Holdings story, to which the reporter replied favorably. The next day, commissioners voted along party lines to freeze a rural subsidized rate some telcos charge customers monthly for basic voice service (see 1705180061). Raycom Media recently said it's buying Community Newspaper, which would put it under more direct FCC authority (see 1709250052).

Post, Politico Targeted

The most-targeted news organizations for criticism by FCC officials were The Washington Post and Politico; they didn't comment. The Wall Street Journal was the most praised, in three instances, followed by two for NBC.

In the Twitter episode involving the largest number of FCC officials opining on one piece (see 1706230061), Berry, Leamer and O'Rielly slammed a story by Post tech reporter Brian Fung that said Pai and President Donald Trump were chummy. Fung initially had reported incorrectly that Pai attended a meeting Trump held with tech executives. Well after that error was corrected, FCC officials' Twitter onslaught continued. "This correction undercuts the entire article. Unfortunately for some narrative supplants truth," tweeted Leamer. Berry called it "disgraceful" the newspaper wouldn't "pull the article." FCC staffers called the article a "complete fabrication," asking, "Does Post not do basic fact-checking," amid a "fake meeting." The Daily Caller and RedState reported on FCC officials' tweets.

Another time, Berry tweeted to Fung that the reporter's piece on Pai cracking down on Lifeline fraud in subsidizing broadband service to the poor missed a supportive statement from state regulators. Responded Fung, "ah, thanks." The report now includes NARUC's statement.

Coverage favorable to the FCC in the Post and The Wall Street Journal won praise. Leamer called an editorial in The Post on Pai's robocall crackdown "a great column detailing @AjitPaiFCC's efforts to shutdown robocalls and scammers."

Even content unrelated to the FCC met criticism. Chief of Staff Berry Aug. 16 tweeted to Politico Pro Tech reporters Margaret McGill and John Hendel regarding another reporter who doesn't cover the FCC, “Are homophobic slurs consistent with POLITICO's editorial standards? Only when directed against conservatives?” On Aug. 30, Berry tweeted it's "shameful that @politico would run a cartoon attacking the people of Texas at a time like this. #Harvey." A Politico cartoon made light of some Texans wanting to secede as the federal government assisted in hurricane relief.