Back from the dead (again): The specter of the Fairness Doctrine and its lesson for social media regulation

Abstract

In the United States, debates about political bias in the content curation and moderation practices of social media platforms have spilled over into the policy realm, rekindling conversations about the Fairness Doctrine and its potential utility in possible regulatory approaches to social media. This article revisits the history of the Fairness Doctrine and uses this history as a lens for critically examining current proposals for integrating Fairness Doctrine‐like principles into a regulatory framework for social media. In addressing this topic, the first section of this article provides a brief overview of the history of the Fairness Doctrine and how the Doctrine has informed (and misinformed) subsequent media policy debates in the years since its elimination. The second section describes how the Fairness Doctrine is being brought to bear in the contemporary debates around social media regulation. The third section offers a critical analysis of the applicability of the Fairness Doctrine to the social media context.

What Is Media Policy?

“…Although the FCC eliminated the Fairness Doctrine in 1989, it has proven to be anything but an historical relic (Pickard 2018). Indeed, in the wake of the January 6th insurrection and the recognition that the insurrectionists were fueled in large part by false and hyperpartisan news and information circulating on social media, the Fairness Doctrine reemerged as a topic of policy deliberation (Napoli 2021a). This time, however, the conversation focused on its applicability not to broadcasters, but to social media platforms, as a means of preventing another January 6th.…”

Social media for public health: Reaping the benefits, mitigating the harms

“…52 Criminal liability would address the culture of impunity at companies like Facebook that has led these problems to spiral. Amendments to Section 230 — a landmark American law meant to uphold free speech that ultimately protects tech companies from the legal consequences of harmful content 53 — could include requirements for social media companies, many of which are based in the US, to be held responsible for the harmful effects of amplifying dangerous content. Regulatory bodies exist for other powerful industries but are scarce for social media.…”