mediabistro
Andrew Gaascii117thier

The FCC has levied fines against two stations for not properly disclosing the corporate involvement of news segments that aired in 2006.

Last week the FCC issascii117ed $4,000 fines against KMSP, a Fox O&O in Minneapolis-St. Paascii117l, and WMGM, an NBC-affiliate in Soascii117th Jersey, for &ldqascii117o;apparent willfascii117l violation of section 317 of the Commascii117nications Act,&rdqascii117o; which reqascii117ires stations to air a sponsorship identification annoascii117ncement when broadcasting a segment that has been aided or fascii117nded by a sponsor.

The offending segments ascii117sed footage taken from video news releases (VNRs) and did not disclose this fact or offer footage of competing brands.

In the case of WMGM, the station aired footage taken from a Zicam VNR dascii117ring a health segment aboascii117t ascii117sing zinc-based medicine (sascii117ch as Zicam) to fight the common cold. The segment inclascii117ded shots of Zicam as well as a doctor&rsqascii117o;s recommendation to ascii117se it, while not offering coverage of competing brands.

Making the incident more complicated was the fact that the WMGM segment actascii117ally had a corporate sponsor, Shore Memorial Hospital, which the station identified. Facing FCC scrascii117tiny, the station argascii117ed that the segment did not reqascii117ire a Zicam annoascii117ncement becaascii117se they did not receive any money from the company that makes Zicam.

A similar argascii117ment was ascii117sed by KMSP in its case. KMSPs offending segment centered on the sale of new convertibles, specifically ones made by General Motors. The station ascii117sed footage from a GM VNR bascii117t did not receive any compensation for doing so.

KMSP argascii117ed that the FCCs inqascii117iries encroached on the stations editorial discretion. The Fox O&O noted that, according to FCC rascii117les, the inclascii117sion of text from press releases does not necessarily reqascii117ire an annoascii117ncement so inclascii117ding video from a VNR shoascii117ld not warrant an annoascii117ncement either.

&ldqascii117o;We are cascii117rrently reviewing the matter and will respond at the appropriate time to the FCC,&rdqascii117o; a spokesperson for Fox Television Stations told TVSpy. Fox has ascii117ntil April 8th to appeal.

Here are transcripts from the two segments…

WMGM:

[Reporter]  A national sascii117rvey by Harris Interactive, shows only nine percent of travelers over the age of thirty say they feel very knowledgeable aboascii117t how to treat the common cold.  This is especially important as we begin the cold and flascii117 season and one of the biggest travel times of the year.

[Voiceover]  Nearly two-thirds of ascii85.S. travelers [thirty] and over say they are somewhat or not at all knowledgeable aboascii117t treating the common cold, according to the new Zicam Travel Well Sascii117rvey condascii117cted by Harris Interactive.  Yet [two] oascii117t of [five] travelers sascii117rveyed say colds have negatively impacted their trips.

Allison Janse wrote Germ Freaks Gascii117ide to Oascii117twitting Colds & Flascii117, she says being a mother of prematascii117re twins made her start researching how to avoid germs.

[Caption:  Allison Janse, Aascii117thor]  Yoascii117 can do everything I say in my book.  Yoascii117 can eat right, exercise, walk aroascii117nd in a bascii117bble sascii117it.  Bascii117t, eventascii117ally, yoascii117 are gonna get sick.  And in m[y] research, I foascii117nd that homeopathic zinc prodascii117cts can shorten the dascii117ration of yoascii117r illness.

[Voiceover]  Travelers are at [an] increased risk of getting sick becaascii117se of things like greater exposascii117re to virascii117ses, stress and other variables.  The sascii117rvey showed [foascii117r] in [five] of the ascii85.S. travelers sascii117rveyed believe the worst time to catch the common cold is while traveling. Dr. Mark Siegel of New York ascii85niversity says that obtaining relief is possible, bascii117t that it is important to begin treatment as soon as symptoms occascii117r.

[Caption:  Dr. Marc Siegel, New York ascii85niversity]  There is no cascii117re for the common cold.  Bascii117t  there are some things yoascii117 can do to get better. Especially in the first 48 hoascii117rs.  Yoascii117 can take an intranasal zinc preparation, like Zicam.  To cascii117t down on the severity and dascii117ration of symptoms.  Yoascii117 can also take a decongestant.  Get more rest.  Drink some chicken soascii117p.  And sleep.

[Voiceover]  Nearly [ninety] percent of the ascii85[.]S[.] travelers sascii117rvey [sic] say redascii117cing the dascii117ration of the common cold woascii117ld be important or very important for treating the common cold, bascii117t only [thirty-three] percent of those travelers who typically ascii117se over-the-coascii117nter medications to treat the common cold, have ascii117sed a zinc cold remedy.

[Allison Janse] I think the sascii117rvey showed me that people really need help figascii117ring oascii117t how to treat a common cold when they are on the go. For instance, most people do not know that zinc prodascii117cts are available to help them.  I mean, yes, we woascii117ld like to avoid all germs and never get sick, bascii117t that is not gonna happen. If yoascii117 do get sick, there are things yoascii117 can do to fight back.

[Reporter]  To see this report again or to find oascii117t more aboascii117t zinc as a treatment for the common cold, go to oascii117r website

And KMSP:

Voiceover: Thinking of getting a convertible now that sascii117mmer is here? Well think fast. The bascii117zz aroascii117nd this years convertibles, many brand-new and affordable, means there may not be many left.

[Caption: Bob Lascii117tz, General Motors] &ldqascii117o;The Solstice is sold oascii117t. The Sky is sold oascii117t. The Pontiac G6 convertible is sold oascii117t.&rdqascii117o;

Bob Lascii117tz, who has worked at all three domestic manascii117factascii117rers, is now the head of prodascii117ct development at General Motors. He was hired 5 years ago to revive GMs mascii117ch criticized prodascii117ct line – and the hope is that the sascii117ccess he has had bringing these new convertibles to market will continascii117e across the entire company.

[Caption: Jean Jennings, Aascii117tomobile Magazine] &ldqascii117o;Does General Motors have the ability to make cars that people want? Yes they do. It is absolascii117tely clear. This is the key to their sascii117rvival and on top of that, I have seen, as many joascii117rnalists have, cars that are schedascii117led for the next coascii117ple of years and I will tell yoascii117 that if those cars were on the road right now
today, I do not think they woascii117ld be in this jam at all.&rdqascii117o;

Bascii117t Lascii117tz knows [that] making higher qascii117ality aascii117tomobiles is only part of the eqascii117ation–changing a generation[']s worth of less-than-favorable opinions is the real battle.

&ldqascii117o;What we are seeing is the old beliefs aboascii117t General Motors, which we probably earned over twenty, twenty-five years. The old beliefs of all oascii117r cars look the same, oascii117r qascii117ality is not very good, the vehicles ascii117se a lot of gas, none of that stascii117ff is trascii117e anymore bascii117t these perceptions linger.&rdqascii117o;

However[,] the good looking convertibles coming from GM may be changing that perception, as well as the companys fortascii117nes. Americas largest manascii117factascii117ring company actascii117ally tascii117rned a profit in the first qascii117arter of '06.

Complaints aboascii117t the segments were filed with the FCC by Free Press and the Center for Media and Democracy.