Zooming in on 2020 election
House panelists to question cable TV providers on role in battling election fraud claims
Three months ago, federal lawmakers grilled Mark Zuckerberg, Facebook’s chief executive, and Jack Dorsey, Twitter’s chief, about the misinformation that had appeared on their platforms.
Now, a congressional committee has scheduled a hearing to focus on the role of companies that provide cable television service in the spread of falsehoods concerning the 2020 election.
In advance of the Wednesday hearing, called “Fanning the Flames: Disinformation and Extremism in the Media,” members of the House Energy and Commerce Committee sent a letter Monday to Comcast, AT&T, Spectrum, Dish, Verizon, Cox and Altice, asking about their role in “the spread of dangerous misinformation.”
The scrutiny of cable providers took on new urgency after supporters of former President Donald Trump, who repeatedly promoted the debunked claim that the election was rigged, stormed the Capitol on Jan. 6.
“To our knowledge, the cable, satellite and over-the-top companies that disseminate these media outlets to American viewers have done nothing in response to the misinformation aired by these outlets,” Reps. Anna Eshoo and Jerry McNerney, both of California, wrote in the letter.
Newsmax, a right-wing cable channel carried by AT&T, CenturyLink, Charter, Comcast, Dish and Verizon, had a surge in ratings in November because of programs that embraced Trump’s claims of voter fraud. One America News Network, a rightwing outlet carried by AT&T, CenturyLink and Verizon, also promoted the false theory.
Fox News, the most-watched cable news network, which is available from all major carriers, was one of five defendants in a $2.7 billion defamation lawsuit filed this month by election technology company Smartmatic. In the suit, the company accused Fox News, its parent company Fox Corp., three Fox anchors and two frequent Fox guests of promoting false claims about the election and Smartmatic’s role in it.
Congress can raise the issue of whether cable providers bear responsibility for the programs they deliver to millions of Americans,
but it may have no way to force them to drop networks that have spread misinformation. And unlike broadcast stations, cable channels do not have licenses that are regulated by the Federal Communications Commission.
The lawmakers’ letter asks the companies, “What steps did you take prior to, on, and following the Nov. 3, 2020 elections and the Jan. 6, 2021 attacks to monitor, respond to, and reduce the spread of disinformation, including encouragement or incitement of violence by channels your company disseminates to millions of Americans?”
“Are you planning to continue carrying Fox News, OANN, and Newsmax on your platform both now and beyond the renewal date?” the letter continues. “If so, why?”
Fox News denounced the congressional effort. “For individual members of Congress to highlight political speech they do not like and demand cable distributors engage in viewpoint discrimination sets a terrible precedent,” the network said in a statement. Newsmax defended its election coverage as accurate and called the letter an “attack on free speech.” A spokeswoman for Comcast declined to comment. None of the other companies to which the letter was sent replied to inquiries from The Times.
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“There is no doubt that Australia has been a proxy battle for the world.” Treasurer Josh Frydenberg
CANBERRA, Australia — Facebook announced Tuesday that it would lift a ban on Australians viewing and sharing news on its platform after it struck a deal with the government on proposed legislation that would make digital giants pay for journalism.
The social media giant caused alarm with its decision last week to block news on its platform across Australia after the House of Representatives passed the draft law. The blackout also cut access, at least temporarily, to government pandemic, public health and emergency services, fueling outrage.
Facebook’s cooperation is a victory in Australia’s efforts to make two major gateways to the internet, Google and Facebook, pay for the journalism that they use — a faceoff that governments and tech companies the world over have watched closely. Google also had threatened to remove its search functions from Australia because of the proposed law, but that threat has faded.
“There is no doubt that Australia has been a proxy battle for the world,” Treasurer Josh Frydenberg said.
“Facebook and Google have not hidden the fact that they know that the eyes of the world are on Australia, and that is why they have sought to get a code here that is workable,” he added, referring to the bill, the News Media Bargaining Code.
This week, Microsoft and four European publishing groups announced they would work together to push for Australian-style rules for news payments from tech platforms.
The legislation was designed to curb the outsized bargaining power of Facebook and Google in their negotiations with Australian news providers. The digital giants would not be able to abuse their positions by making take-it-or-leave-it payment offers to news businesses for their journalism. Instead, in the case of a standoff, an arbitration panel would make a binding decision.
Frydenberg and Facebook confirmed the two sides agreed to amendments to the proposed legislation. The changes would give digital platforms one month’s notice before they are designated under the code. That would give those involved more time to broker agreements before they are forced to enter binding arbitration arrangements.
A statement Tuesday by Campbell Brown, Facebook’s vice president for news partnerships, added that the deal allows the company to choose which publishers it will support.
“We’re restoring news on Facebook in Australia in the coming days. Going forward, the government has clarified we will retain the ability to decide if news appears on Facebook so that we won’t automatically be subject to a forced negotiation,” Brown said.
Frydenberg described the agreed upon amendments as “clarifications” of the government’s intent. He said his negotiations with Facebook CEO Mark Zuckerberg were “difficult.”
A European publishers’ lobbying group that is among those teaming up with Microsoft said the deal shows such legislation is possible — and not just in Australia.
“The latest twist proves that regulation works,” said Angela Mills Wade, executive director of the European Publishers Council. “Regulators from around the world will be reassured that they can continue to take inspiration from the Australian government’s determination to withstand unacceptable threats from powerful commercial gatekeepers.”
Facebook said it would now negotiate deals with Australian publishers.
“We are satisfied that the Australian government has agreed to a number of changes and guarantees that address our core concerns about allowing commercial deals that recognize the value our platform provides to publishers relative to the value we receive from them,” Facebook regional managing director William Easton said.
“As a result of these changes, we can now work to further our investment in public interest journalism and restore news on Facebook for Australians in the coming days, “Easton added.
Google, meanwhile, has been signing up Australia’s largest media companies in content-licensing deals through its News Showcase. The platform says it has deals with more than 50 Australian titles and more than 500 publishers globally using the model, which was launched in October.