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Tuesday, March 15, 2022

FCC Foreign Sponsorship Rules Now In Effect


The Federal Communications Commission today announced a March 15, 2022 compliance date of sponsorship identification requirements that will now require broadcasters to disclose when foreign governments or their representatives lease time on their airwaves. This action was adopted unanimously by the FCC in April 2021 and increases transparency, ensuring audiences are aware when a foreign government, or its representatives, uses the airwaves to persuade the American public. These rules are effective immediately for new leasing agreements and will need to be implemented within 6 months from the Federal Register publication date for existing agreements.

“With the adoption of these rules, the FCC took action to bring more transparency to foreign government-sponsored programming airing on public airwaves,” said FCC Chairwoman Jessica Rosenworcel. “In light of recent events, this effort—which is all about transparency—has taken on new importance. It is essential that audiences know when a broadcast station has been compensated to air content coming from a foreign government.”

Although U.S. law restricts foreign governments and their representatives from holding a broadcast license directly, foreign governmental entities can and do purchase time on domestic broadcast stations. These rules now require on-air disclosure for broadcast programming aired through a leased airtime agreement sponsored by any entity or individual that is a foreign government, a foreign political party, an agent acting on behalf of such entities, or a U.S.-based foreign media outlet based on definitions drawn from the Foreign Agents Registration Act of 1938 and the Communications Act of 1934.

In addition, if a station is airing foreign government-provided programming pursuant to a lease agreement, it is now required to include such disclosures in its Online Public Inspection File.

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