WASHINGTON, D.C. — Federal Communications Commission member Anna Gomez is urging radio and television broadcasters not to retreat from good-faith election reporting after FCC Chairman Brendan Carr warned that airing what he called “fake polls” could violate broadcasters’ regulatory obligations.
Gomez, the commission’s sole Democratic member, sent a letter Friday to National Association of Broadcasters President and CEO Curtis LeGeyt. She argued that an incorrect poll does not by itself satisfy the legal standard for an FCC news-distortion or broadcast-hoax case.
The FCC’s published guidance says actionable news distortion must involve deliberate distortion of a factual report concerning a significant event. Expressions of opinion and ordinary mistakes are not actionable under that policy.
Carr wrote Wednesday that broadcasters should not amplify “entirely fake polls and suppression polls,” which he said could interfere with the electoral process and voter enthusiasm. He did not identify a specific broadcaster or poll, and the commission has not announced a formal investigation or issued new polling guidance.
The warning followed disclosures that a self-described polling firm had fabricated most of its published surveys. That episode raises legitimate questions about verification, but it does not establish that every inaccurate or disputed poll is intentionally fraudulent.
Gomez’s letter asks NAB to ensure stations understand the governing standards before the November 3 midterm election. She also criticized the association for responding too cautiously to what she views as government pressure on broadcasters. Those are Gomez’s characterizations, not findings adopted by the commission or a court.
LeGeyt responded that NAB appreciates Gomez’s support for local broadcasters and First Amendment principles. He said the organization would continue working with policymakers to protect broadcasters’ rights.
The practical issue for newsrooms is immediate: stations should document poll methodology, identify sponsors and field dates, attribute results accurately and disclose material limitations. But no FCC rule announced this week requires stations to suppress a poll merely because an official disputes it.
What remains unresolved
The FCC has not defined what Carr meant by a “suppression poll,” identified a particular broadcast that could violate its rules or opened an enforcement case. No court has ruled on the legality of the chairman’s warning, and the commission has not adopted Gomez’s interpretation as agency policy.
Radio News Now question
What evidence should the FCC require before opening a news-distortion investigation into election-poll reporting, and what safeguards should prevent broadcast licensing authority from influencing editorial decisions?
Sources: Federal Communications Commission, Gomez letter and release; Reuters, October 24; Reuters, October 21.
Prepared with AI assistance and source verification.