Firewall and Highest Standards of Professional Journalism
| Citation | 85 FR 36150 |
| Published date | 15 June 2020 |
| Record Number | 2020-12696 |
| Section | Rules and Regulations |
| Court | Broadcasting Board Of Governors |
Federal Register, Volume 85 Issue 115 (Monday, June 15, 2020)
[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Rules and Regulations]
[Pages 36150-36153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12696]
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BROADCASTING BOARD OF GOVERNORS
22 CFR Part 531
RIN 3112-AA03
Firewall and Highest Standards of Professional Journalism
AGENCY: Broadcasting Board of Governors.
ACTION: Final rule.
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SUMMARY: The Broadcasting Board of Governors is revising its
regulations to clarify the practical meaning and impact of the
statutory firewall contained within the United States International
Broadcasting Act of 1994, as amended, upon Agency operations.
Consistent with this action, this rule makes appropriate conforming
changes.
DATES: This rule is effective as of June 11, 2020.
FOR FURTHER INFORMATION CONTACT: Armanda Mathews, Staff Assistant,
email at: [email protected] or (202) phone 202-920-2005.
SUPPLEMENTARY INFORMATION:
Background
The United States Agency for Global Media (USAGM), identified in
the International Broadcasting Act of 1994, as amended, as the
Broadcasting Board of Governors (BBG), is an independent establishment
of the federal government that exercises authority over non-military
United States government broadcasting.\1\ USAGM currently operates five
networks--Voice of America (VOA), the Office of Cuba Broadcasting
(OCB), Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia (RFA)
and the Middle East Broadcasting Networks (MBN)--that reach a
cumulative weekly worldwide audience of approximately 400 million
people.
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\1\ Under Section 1288 of the NDAA, the CEO was authorized to
change the name of the Agency. On August 22, 2018, the CEO exercised
this power and renamed the BBG the United States Agency for Global
Media. This and subsequent CEOs retain the authority to rename the
Agency.
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Before reaching the end of its tenure, the Governing Board of the
Agency wanted to codify and memorialize definitions and practices
associated with the firewall. In 2016, the Board created a firewall
working group to investigate the firewall and its sources. This rule
was developed by that working group and subsequently passed unanimously
by the Governing Board. (This supplementary information was added by
the Agency to provide additional background as to impetus for the
rule). The impetus was to demystify the firewall, including by making
clear what the firewall is not.
The firewall is essential to ensuring the continued credibility and
therefore effectiveness of the journalism provided by USAGM funded
networks. The firewall protects the editorial independence of the
networks journalists. It does not prevent oversight of the journalism
consistent with the highest standards of professional journalism and
editorial independence; nor does it prevent VOA or any of the networks
carrying out all enumerated elements of their mission, including that
of VOA to ``tell America's Story''. H.R. Conf. Rep. No. 432, 104-6
Cong., 2nd Sess. 127 (1998).
Overview of the Rule
Pursuant to the background above, and in light of the Board's
desire to codify a common-sense definition of the firewall, consistent
with the law, the
[[Page 36151]]
highest standards of professional journalism, and longstanding
practice, USAGM has promulgated this regulation.
This regulation clarifies the practical meaning of the statutory
firewall and its basis and its impact on Agency operations
Effective Date
Having been passed by the Board, these regulations are already
effective upon the Agency. Publication will codify them into the
Federal Register. Those provisions pertaining to non-supervisory
employees deemed subject to collective bargaining requirements set
forth under the Federal Service Labor-Management Relations Statute and
the Agency's negotiated labor-management agreements would only become
effective subject to the terms and conditions within those bargaining
agreements.
Rulemaking Requirements
1. This final rule has been determined to be exempt from review for
purposes of Executive Order 12866.
2. This rule does not impose information collection and
recordkeeping requirements. Consequently, it need not be reviewed by
the Office of Management and Budget under the provisions of the
Paperwork Reduction Act of 1995. In addition, at the time of passage,
the Agency is governed by a bipartisan Board.
3. This rule does not contain policies with Federalism implications
as this term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this rule involves a rule of agency organization, procedure, or
practice. 5 U.S.C. 553(b)(B). Further, no other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this final rule. Because a notice of proposed rulemaking and
an opportunity for public comment are not required to be given for this
rule under 5 U.S.C. or by any other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) are not
applicable.
Accordingly, this rule is issued in final form. Although there is
no formal comment period, public comments on this rule are welcome on a
continuing basis. Comments should be submitted to Armanda Mathews,
Staff Assistant, Broadcasting Board of Governors, 330 Independence
Avenue SW, Washington DC 20237 (email at: [email protected]).
List of Subjects in 22 CFR Part 531
Scope and purposes of the statutory firewall, Editorial
independence, Requirement to adhere highest professional standards of
journalism.
0
For the foregoing reasons, the Broadcasting Board of Governors amends
22 CFR, Chapter V, by adding part 531, as follows:
PART 531--STATUTORY FIREWALL AND HIGHEST STANDARDS OF PROFESSIONAL
JOURNALISM
Sec.
531.1 Overview.
531.2 Independence and best practices.
531.3 Firewall.
531.4 Definitions.
Authority: 22 U.S.C. 6201 et seq.; 22 U.S.C. 1465 et seq.;
1465aa et seq.
Sec. 531.1 Overview.
The Broadcasting Board of Governors, referred to as the U.S. Agency
for Global Media (USAGM), per section 305(a)(22) of the IBA, currently
provides public funds to five news media networks: The Voice of America
(VOA), Radio Free Europe, Radio Liberty (RFE/RL), Radio Free Asia
(RFA), the Middle East Broadcasting Networks (MBN), and the Office of
Cuba Broadcasting (OCB). Pursuant to International Broadcasting Act of
1994, as amended (22 U.S.C. 6201 et seq.) (``the IBA'' or ``the Act''),
and other applicable authorities:
(a) All USAGM-funded Networks must adhere to the highest
professional standards of journalism, pursuant to section 303(a)(5) of
the IBA, in order to produce news which is consistently reliable and
authoritative, accurate, objective, and comprehensive, per section
303(b) of IBA. Accordingly, USAGM networks necessarily enjoy full
editorial independence in order to maintain their ``professional
independence and integrity,'' per section 305(b) of the IBA. This
statutorily mandated firewall protects the independence of the networks
by insulating their editorial decisions from interference from those
outside of the network, or from impermissible considerations, as set
forth herein.
(b) The existence of a firewall does not mean the absence of
oversight. This firewall shall not be construed to limit USAGM
oversight conducted in a manner consistent with that conducted by other
media organizations which operate editorially independent news
divisions that adhere to the highest standards of journalism; nor does
it prevent federal officials from treating the networks like any other
news organization: E.g., They may seek a correction; provide an
interview; serve as a source; or otherwise interact in the same manner
as they do with any other news organization.
(c) Editorial independence and adherence to the highest standards
of professional journalism do not prevent VOA from adhering fully to
each of the elements of its Charter. The VOA Charter, currently
codified at section 303(c) of the IBA, states that VOA will serve as a
consistently reliable and authoritative source of news, which itself
will be accurate, objective, and comprehensive; represent America as a
whole, and thereby present a balanced and comprehensive projection of
significant American thought and institutions; and present the policies
of the United States clearly and effectively, as well as responsible
discussions and opinion on such policies. Editorial independence and
adherence to the highest standards of professional journalism, as
described herein, allow for audiences to rely on VOA to be truthful and
accurate. Accordingly, these principles are considered essential to
meeting the Charter's mandate that ``to be effective, the Voice of
America must win the attention and respect of listeners'' per section
303(c) of the IBA; S. Rep. No. 703, 94 Cong., 2nd Sess. 15 (1976),
reprinted in 1976 U.S.C.C.A.N. 1555, 1569; and H.R. Conf. Rep. No. 432,
105 Cong., 2nd Sess. 127 (1998).
(d) Editorial independence and adherence to the highest standards
of professional journalism do not preclude any news organization from
publishing editorials or opinion pieces, clearly marked as such; as
described in paragraph (d)(5) of this section, VOA is required to carry
editorials which present the views of the U.S. Government.
Sec. 531.2 Independence and best practices.
(a) USAGM-funded networks each enjoy full editorial independence,
as that term is defined and understood by best practices of journalism.
(b) Editorial independence includes, but is not limited to the fact
that only individuals within the network may make any decisions with
respect to newsgathering or reporting. USAGM networks and their
employees, including the heads of each network, are fully insulated
from any political or other external pressures or processes that would
be inconsistent with the highest standards of professional journalism.
(c) The heads of each network, and everyone else therein, are
required at all times to adhere to the highest
[[Page 36152]]
professional standards of journalism, and must take that into account
when carrying out all their responsibilities. The highest professional
standards of journalism also require that all elements of
newsgathering, editing, and reporting are carried out by professional
journalists trained in and held to the highest industry standards.
(d) Each network is required to establish and maintain written
rules setting forth the journalistic best practices for their
organization, based upon the highest professional standards of
professional journalism. These best practices also preclude any
journalist or other covered individuals at a network, including the
heads of the networks, from engaging in any activity that would call
into question their neutrality or impartiality.
Sec. 531.3 Firewall.
(a) A statutory `firewall,' provided for in section 305(b) of the
IBA, and incident to adherence to the highest professional standards of
broadcast journalism, exists around USAGM-funded networks, their
products, and staff in order to protect their professional independence
and integrity.
(b) Within any credible news organization, a firewall exists
between anybody involved with any aspect of journalism (e.g., the
creation, editing, reporting, distributing, etc., of content) and
everyone else in the organization. For purposes of USAGM, firewalls
exist between the newsroom of a USAGM-network; everyone else in the
organization; and the Executive Branch of the U.S. Government, as
described herein.
(c) This ``firewall'' is understood to be violated when any person
within the Executive Branch or a Network, but outside the newsroom,
attempts to direct, pressure, coerce, threaten, interfere with, or
otherwise impermissibly influence any of the USAGM networks, including
their leadership, officers, employees, or staff, in the performance of
their journalistic and broadcasting duties and activities. It is also
violated when someone inside the newsroom acts in furtherance of or
pursuant to such impermissible influence. Such impermissible influence
would undermine the journalistic and editorial independence, and thus
the credibility, of that USAGM network, and their reporters, editors,
or other journalists.
(d) The firewall is critical to ensuring that the editors,
reporters, and other journalists of the USAGM network make the
decisions on what stories to cover and how they are covered, and that
those decisions are ultimately governed by the highest standards of
professional journalism.
(e) The following are not firewall violations:
(1) The firewall is not meant to discourage journalists from
interviewing U.S. Government officials or to discourage such officials
from appearing on USAGM-funded programs.
(2) The firewall does not prevent officers or employees within the
Executive Branch, including the State Department, from engaging with or
speaking about USAGM networks as they might with any other news
organization. Such interaction could include but is not limited to:
(i) Publicly or privately commenting on USAGM stories;
(ii) Publicly or privately reaching out to journalists in the same
manner that they would do with any other journalist;
(iii) Publicly or privately reaching out to network staff in the
same manner that they would do with any other network staff; and
(iv) Otherwise interacting with journalists and other network staff
in the same manner that they would do with such staffs' private sector
counterparts.
(3) The firewall does not prevent a USAGM CEO or Board from
undertaking the same type of direction and oversight that those in
equivalent leadership positions in an organization overseeing other
reputable news organizations may provide, in a manner consistent with
the highest standards of professional journalism.
(4) In determining which languages to broadcast, the Agency has
prioritized certain countries and audiences, such as those under
authoritarian rule. The firewall does not prevent the USAGM CEO or
Board from otherwise prioritizing certain audiences or languages,
consistent with the statutory language service review that is carried
out per section 305(a)(4) of the IBA to determine whether the continued
broadcasting in various languages are furthering the mission of the
networks, and per section 303(a)(1) of the IBA, are thus consistent
with the broad foreign policy objectives of the United States.
(5) Per section 303(b)(3) of the IBA, the firewall does not
prohibit the publication of editorials and other opinion pieces by U.S.
Government officials, marked clearly as such, on VOA, expressing policy
positions of the U.S. Government.
Sec. 531.4 Definitions.
(a) Audience or audiences refers to foreign audiences overseas, the
only audiences to which USAGM is authorized to seek to reach; USAGM or
its networks are not authorized to target audiences in the United
States, and must take steps set forth in law and regulation to avoid
these audiences.
(b) Board refers to the Board of a Network; or the Advisory Board.
(c) Everyone else in the organization in describing a USAGM
Network, refers to anyone within a Network who, pursuant to the
structure of that Network or the highest standards of professional
journalism, would be considered to not be part of the newsroom, i.e.,
involved with carrying out any aspect of journalism (e.g., the
creation, editing, reporting, distributing, etc., of content), and thus
outside the firewall. By definition the USAGM CEO is not within a
Network.
(d) Network, USAGM-funded Network, or USAGM Network: Refers to the
Voice of America (VOA), Radio Free Europe, Radio Liberty (RFE/RL),
Radio Free Asia (RFA), the Middle East Broadcasting Networks (MBN), and
the Office of Cuba Broadcasting (OCB); or any other network,
broadcaster, or grantee which falls under the Act, or is overseen by
USAGM or a USAGM network. It does not include any officer or employee
of USAGM not within VOA or OCB, including the Advisory Board or the
Chief Executive Officer.
(e) Newsroom refers to the news division of a USAGM-Network. The
scope of the news division depends on the structure of the Network.
Depending how a Network is organized the head of that Network may or
may not be considered to be within the news division. The Board of a
Network is considered to be outside the news division. Those within the
news division must adhere to the highest professional standards of
journalism in carrying out their responsibilities. Even if outside the
newsroom, as set forth herein, the head of a network is still required
to act in accordance with the highest standards of professional
journalism in carrying out their roles with respect to the journalism,
and thus ensuring the professional ``independence and integrity'' of
the network.
(f) Highest professional standards of journalism means the highest
professional standards in the field of journalism. Each network is
required to promulgate, maintain, and abide by a code of journalistic
ethics and best practices that fully comports with the highest
professional standards in the field of journalism, a violation of which
is required to be reported to the Congress, per a recurring provision
of the Agency's annual appropriation act.
[[Page 36153]]
(g) Highest standards means unless otherwise indicated, refers to
``highest professional standards of journalism''
(h) Other applicable authorities includes the Radio Broadcasting to
Cuba Act (22 U.S.C. 1465 et seq.); the Television Broadcasting to Cuba
Act (22 U.S.C. 1465aa et seq.); the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.).
(i) Reputable news organization means a news organization that
adheres to the highest professional standards of journalism and has a
firewall which insulates the news side of the operation, to ensure that
editorial decisions are not influenced in a manner or by factors
inconsistent with the highest standards of professional journalism.
(j) USAGM CEO or CEO refers to the CEO authorized under section 304
of the IBA. Until such time as the first Presidentially nominated,
senate confirmed CEO is appointed, USAGM CEO shall also refer to the
Federal Board.
Chelsea Milko,
Special Assistant.
[FR Doc. 2020-12696 Filed 6-11-20; 4:15 pm]
BILLING CODE 8610-01-P
