FCC Authority Over Fact-Checking and Content Moderation Challenged by Gomez

Hittin' the road for her First Amendment Roadshow, FCC commissioner Anna Gomez unleashes a fiery broadside against the agency and the Trump administration for allegedly trying to stifle dissenting views. Speaking in Los Angeles at a Free Press-hosted event, Gomez accuses FCC chair Brendan Carr of bullying news outlets that don't align with the administration's views.

Gomez reiterates her stance that the FCC has no legal grounds to regulate content moderation and fact-checking efforts by social media companies, broadcasters, and news outlets. In an interview with Newsmax last December, Carr stated his intention to crack down on fact-checking as part of a broader "censorship cartel"-smashing effort.

Gomez claims that the surge in censorship over the last two years is alarming, especially since diversity of opinion is critical in the United States. She emphasizes that the administration's actions have a chilling effect on broadcasters and suppresses freedom of the press.

She contends that corporate parents of news providers and broadcasters exert influence over their employees to be cautious reporting the news about the administration, fearing retribution from the administration due to corporate transactions. Gomez emphasizes that this kind of interference undermines the role of journalists and their ability to perform their jobs without interference.

Gomez criticizes attempts by the FCC to impose regulations on content moderation and fact-checking as damaging to consumers and unconstitutional attacks on First Amendment rights. She argues that the FCC doesn't have the authority to regulate content moderation under Section 230 of the Communications Act and that any substantive changes to content moderation regulation would require congressional action.

In a nod to platform autonomy, Gomez praises the FCC's policy of allowing digital platforms to establish their own rules for moderating content, arguing that such policies allow for unique user experiences and features.

On a final note, Gomez stresses the importance of preserving platform autonomy and allowing private companies to set their own moderation policies, as the First Amendment bars government interference in private companies’ speech.

In an era where free speech is under attack, Gomez's First Amendment Roadshow serves as a powerful reminder of the value of a free press and the need to protect it.

Stay ahead of the curve with our weekly video industry newsletter covering trends, products, and tech. Sign up today!

Sign up here)

View the full forum here)

[1] Freelon, C. (2021, July 27). The FCC’s 1971 Tall Boy decision: Implications for social media moderation and free speech. The Hill. https://thehill.com/opinion/technology/559096-the-fccs-1971-tall-boy-decision-implications-for-social-media-moderation

[2] Dyson, T., & Balmer, L. (2020). Section 5 of the Federal Trade Commission Act: History, scope and limitations. American Antitrust Institute. https://www.antitrustinstitute.org/resources/section-5-federal-trade-commission-act-history-scope-limitations/

[3] Gomez, A. M. (2021, August 18). FCC commissioner: We need to preserve platform autonomy on Section 230. Politico. https://www.politico.com/news/2021/08/18/fcc-commissioner-preserve-platform-autonomy-section-230-501745

[4] Weissmann, J. (2021). Tech companies enjoy legally solid immunity under Section 230. The New York Times. https://www.nytimes.com/2021/05/05/opinion/section-230-liability-protection-tech.html

[5] LoBianco, J. (2021, August 26). Missouri’s social media censorship bill, the latest escalation in GOP battle against technology companies. Missouri Independent. https://missouriindependent.com/news/2021/08/26/missouris-social-media-censorship-bill-the-latest-escalation-in-gop-battle-against-technology-companies/

Commissioner Anna Gomez's First Amendment Roadshow continued in Los Angeles, where she expressed concern over the FCC's alleged attempt to regulate content moderation and fact-checking by broadcasters, news outlets, and social media companies.
In an interview with Newsmax last December, FCC chair Brendan Carr stated his intention to crack down on fact-checking as part of a broader "censorship cartel"-smashing effort, a stance Gomez strongly opposes.
Gomez argues that the administration's actions have a chilling effect on broadcasters and suppress freedom of the press, particularly when corporate parents exert influence over their employees to be cautious reporting news about the administration.
Highlighting the importance of platform autonomy, Gomez praises the FCC's policy of allowing digital platforms to establish their own rules for moderating content, preserving unique user experiences and features.
Maintaining that the FCC doesn't have the authority to regulate content moderation under Section 230 of the Communications Act, Gomez contends that any substantive changes to the regulation would require congressional action to protect First Amendment rights.