On June 10, 2024, the Commission enacted rule modifications to the sponsorship identification requirements for foreign government-provided programming. The rule now requires a public disclosure to be made at the time of broadcast that identifies the foreign source of such programming.
The FCC’s decision adopted a revised certification approach that provides radio and television broadcast licensees with two options for demonstrating that they have met their duty of inquiry in seeking to obtain the information needed to determine whether programming is sponsored, paid for, or furnished by a foreign governmental entity.
The FCC created a short certification form that a station must complete for program buyers. It asks buyers to certify (1) whether a foreign government entity is purchasing the program and (2) whether the entity producing or creating the programming is being paid by a government entity. If either question is answered yes, the programmer must provide a station with appropriate information to comply with the enhanced sponsorship ID requirements. The information is placed in a station’s public file. While the FCC created a form, a station may obtain the same information using its own words. The FCC provided template certifications that can be used by stations.
Broadcasters may forego the certification if the programming purchaser provides the broadcaster with a printout of a search of the Department of Justice’s Foreign Agents Registration Act’s (FARA) database showing that the sponsor’s name is not in that database.
Importantly, the obligation applies to certain types of paid advertising and PSAs. (The Commission declined to create an exception for content under two minutes in length.) The FCC did exempt advertising for commercial products or services. It also exempted political advertising purchased by a candidate or its authorized campaign committee. However, all other forms of advertising content will be subject to the rules. This includes issue ads, PSAs, political advertising purchased by PACs, and other types of advertising spots. Stations will be required to go through the same certification process (described above) for advertising that they use to comply with full-length programs. Thus, under the FCC’s rules, stations carrying advertising for the US Army or United States Marine Corps will have to obtain a document certifying that they are not a foreign government. The same would be true for an advertisement placed by the United Way.
Frankly, this is an unnecessary overreach by the Commission. It will be tremendously burdensome on stations. Nonetheless, the rule becomes effective on August 15th.
NOTE BASED ON INFORMAL COMMUNICATIONS BETWEEN THE FCC AND COMMUNICATIONS LAWYERS, IT APPEARS THE EFFECTIVE DATE REGARDING APPLICATION OF THE RULE TO ISSUE ADVERTISING, POLITICAL ADVERTISING, AND OTHER PSAs WILL BE DELAYED PAST AUGUST 15.
THE AUGUST 15TH EFFECTION DAY WILL REMAIN FOR OTHER LONG-FORM “LEASED” PROGRAMS.
A discussion about delaying the effective date for advertising by noted communications attorney David Oxenford can be found here.
You can see the FCC’s decision here.
The FCC’s Public Notice announcing the effective date of the rule can be found here.
You can access a detailed discussion of the issue by noted communications Attorney David Oxenford here.
You can obtain information about the Justice Department's FARA directory here.