Does Your Station Have A Programming Policy? Maybe It Should!

Over the years, broadcasters have faced a variety of program-related problems. Some have resulted in serious legal issues. Most of these programming-related problems could have been avoided with some simple but important principles of common-sense behavior.

To avoid programming-related issues from becoming a problem in time-brokerage agreements, communications attorneys have developed a series of programming standards that, more or less, have become standard fare for the typical brokerage agreement or local marketing agreement. Whether a licensee were to use this list of standards, or others developed at the station or in consultation with FCC counsel, it is important that all station staff, particularly program directors and air talent, be made aware of them and instructed on their importance. They should occupy a section of the station's employee manual and explicitly be made a part of the employment agreement that governs each employment relationship.

A further note: Some of these statements may seem so obvious that it might appear ridiculous to have to list them. However, each is based on experience and many on actual cases that have been decided by the Commission.

Respectful of Faiths. The subject of religion and references to particular faiths and tenets shall be treated with respect at all times.

Donation Solicitation. Requests for donations in the form of a specific amount shall not be made if there is any suggestion that such donation will result in miracles, physical cures or life-long prosperity. However, statements generally requesting donations to support a broadcast or church are permitted.

Treatment of Parapsychology. The advertising or promotion of fortune telling, occultism, astrology, phrenology, palm reading or numerology, mind-reading, character readings or subjects of the like nature will not be broadcast.

No Ministerial Solicitations. No invitations by a minister or other individual appearing on the program to have listeners come and visit him or her for consultation or the like shall be made if such invitation implies that the listeners will receive consideration, monetary gain or total physical cures for illness.

No Vending of Miracles. Any exhortation to listeners to bring money to a church affair or service shall not contain any suggestion that miracles, physical cures or prosperity will result.

Sale of Religious Artifacts. The offering for sale of religious artifacts or other items for which listeners would send money is prohibited unless such items are normally available in ordinary commerce or are clearly being sold for proper fund-raising purposes.

No Miracle Solicitation. Any invitation to listeners to meet at places other than a church and/or to attend other than regular services of a church is prohibited if the invitation, meeting or service contains any claim that miracles, physical cures or prosperity will result.

No Plugola or Payola. The mention of any business activity or "plug" for any commercial, professional or other related endeavor, except where contained in an actual commercial message of a sponsor, or otherwise lawful, is prohibited.

No Lotteries. Announcements giving any information about lotteries or games prohibited by federal or state law or regulations are prohibited.

No Gambling. References to "dream books," the "straight line," or other direct or indirect descriptions or solicitations relative to the "numbers game," or the "polity game," or any other form of gambling are prohibited.

No Numbers Games. References to chapter and verse paragraphs, paragraph numbers, or song numbers, which involve three digits should be avoided and, when used, must reasonably relate to a non-gambling activity.

No Illegal Announcements. No announcement or promotion prohibited by federal or state law or regulation of any lottery or game shall be made over the station.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.