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 Source: Ars Technica Over thirty organizations want the Federal Communications Commission to open up a probe on "hate speech" and "misinformation" in media. "Hate
has developed as a profit-model for syndicated radio and cabletelevision programs masquerading as 'news'," they wrote to the FCC
 earlier this month.
 
 As for the Internet, it "gives the illusion
that news sources have increased, but in fact there are fewer
 journalists employed now than before," they charge. "Moreover, on the
 Internet, speakers can hide in the cloak of anonymity, emboldened to say
 things that they may not say in the public eye."
 
 The groups who
want this new proceeding include Free Press, the Media Access Project,
 Common Cause, the Prometheus Radio Project, and the League of United
 Latin American Citizens. Their statement, filed in the Commission's
 Future of Media proceeding, comes in support of a petition to the agency
 submitted over a year ago by the National Hispanic Media Coalition.
 
 "Hate
speech against vulnerable groups is pervasive in our media—it is not
 limited to a few isolated instances or any one media platform," NHMC
 warned the FCC in 2009. "Indeed, many large mainstream media
 corporations regularly air hate speech, and it is prolific on the
 Internet. Hate speech takes various forms, from words advocating
 violence to those creating a climate of hate towards vulnerable groups.
 Cumulatively, hate speech creates an environment of hate and prejudice
 that legitimizes violence against its targets."
 
 The coalition
has asked the agency to request public comments on hate speech in the
 media, inquire into its extent, explore "the relationship between hate
 speech in the media and hate crimes," and look into options "for
 counteracting or reducing the negative effects of such speech."
 
 In
addition, the groups wants the FCC to examine "the prevalence of
 misinformation" in the media, since misinformation "creates a climate of
 prejudice."
 
 "The NHMC understands that those who would prefer
hate speech to remain under the radar will claim that such an inquiry
 violates the First Amendment," the group added. "No doubt they will
 raise the red herring of the restoration of the 'fairness doctrine,'
 trying to divert the attention of the vast majority of Americans who
 find hate speech reprehensible."
 
 NHMC says it wants none of
this, "but merely the collection of information and data about hate
 speech."
 
 Concrete harms
 
 The gist of NHMC's concern is
that "hate speech over the media is producing concrete harms,"
 particularly against Latinos in the United States. Hate crimes against
 Latinos have gone up 40 percent over the last four years, the petition
 says. And the victims of hate speech suffer not just physical but
 psychological distress. "These harms may be particularly acute for
 Latino children given that children are uniquely susceptible to messages
 in the media."
 
 The campaign for this probe comes as the
national temperature is rising over Arizona's controversial immigration
 enforcement law. No surprise then that the petition cites various
 related commentaries from talk radio and cable television, such as this
 excerpt from a tirade allegedly given by nationally syndicated radio
 host Michael Savage:
 
 America is being overrun by an invasion
force from Mexico... Is it racist to protect your nation against an
 invading horde, from another nation that wants to sweep you off the
 map?... And you think the gang banger with baggy pants is going to pay
 for your retirement... ? [Y]ou're digging your own grave ... [a]ll
 that's missing is the worm from the tequila bottle to go with it.
 And
this, allegedly from a local AM station:
 
 On September I, 2007,
on KGEZ-AM in Montana, John Stokes advocated that those who do not speak
 English should have their hands chopped off. He went on to pontificate
 that 'Romans 15: 19 says that if they break into your country, chop off
 their leg. We have to forcibly get rid of them!' These statements
 clearly urge listeners to regard all Latinos—including their fellow
 citizens—as 'enemies' and suitable objects of physical violence.
 As
for the Internet, NHMC notes that at, at the time of the petition,
 inputting "I hate spics" into Google.com generated over 45,000 results.
 Of the first fifty, about 65 percent led to pages containing hateful
 messages found on chat boards, blogs, and social networking sites.
 
 The
more recent group statement in support of NHMC's request links this
 problem to the lack of localism and the consolidation of radio and
 television.
 
 "Numerous studies find that people of color continue
to be under-represented, stereotyped or misrepresented in both news and
 entertainment programming," the organizations write. "Indeed, media
 consolidation leads to a less diverse, less responsive, less responsible
 media."
 
 Collecting this hate speech data would be helpful, they
conclude, "even if the Commission does nothing more than turn that
 information over to the public, researchers and other government
 entities." The probe will allow groups like NHMC "to hold the media
 accountable." It will encourage media organizations to correct their
 mistakes. And it will help researchers better understand the "effects of
 hate speech in media and the correlation between hate speech and hate
 crimes."
 
 Benefits and costs
 
 We share these groups'
concerns about the current media environment and appreciate their
 emphasis on non-regulatory solutions. And we have a lot of respect for
 the NHMC, one of the few prominent minority media organizations that
 supports the FCC's proposed open Internet rules.
 
 But we still
hope that the Commission dodges this bullet. It will bring upon the
 agency a world of pain, dragging it into a quagmire of accusatory
 politics at a time when the FCC faces a host of crucial regulatory
 tasks.
 
 Before jumping into this project, the FCC should assess
the benefits and costs of launching such a probe. The payoff will
 obviously be some kind of government summation on hate speech in the
 media. That, we presume, is what NHMC is hoping for when the group
 mentioned that it has also asked the National Telecommunications and
 Information Administration to follow up on its 1993 report, The Role of
 Telecommunications in Hate Crimes, "and to work in conjunction with the
 FCC in these efforts."
 
 No doubt the new opus will satisfy those
already convinced that there is a problem, although just like the NTIA
 study and the FCC's 2007 report on violence in broadcasting, it will
 likely cite scholarship questioning any direct links between speech and
 violence.
 
 Beyond that, the document will probably accomplish
little more than those earlier surveys—unless you regard the current
 media environment as progress.
 
 Now for the costs.
 
 First,
none of the media targets of these petitions will believe that NHMC
 doesn't want some kind of direct or indirect regulation, especially if
 they fear that the materials served up by this inquiry could be used as
 fodder for advertiser boycotts similar to the one that drove Lou Dobbs
 from CNN.
 
 And why shouldn't they come to that conclusion after
they've read this footnote to the Free Press et al commentary about
 making the media more accountable:
 
 "This sort of
awareness-raising has worked in the past. On November 11, 2009, under
 mounting pressure from organizations and individuals across the nation,
 Lou Dobbs resigned from CNN. Presente.org was one of the key
 coordinators of the far-reaching BastaDobbs.com effort, collecting over
 100,000 signatures from concerned individuals. That effort was only
 possible because communities across the country were aware of Dobbs'
 tirades, but organizations such as Presente.org and NHMC do not have the
 resources to monitor the growing number of vitriolic media
 personalities."
 Second, this inquiry will leave the FCC with the
daunting task of cataloguing every conceivable kind of hate speech,
 including those directed at Republicans and right wing talk show hosts,
 in order to avoid the appearance of having run a political proceeding.
 
 Third,
the Commission will have to sort out which of the plethora of examples
 it receives are hate speech. On which data pile will complaints about
 harsh criticisms of Israel or Muslims land? How about misogynist hip-hop
 tunes? What about Internet pornography, especially the rough kind? All
 we can say is, good luck with that.
 
 Fourth, despite claims to
the contrary, such a proceeding will further burden the media reform
 movement with the perception that its campaigns for more localism and
 against broadcast media consolidation are really calls for back-door
 Fairness Doctrine-style content regulation. Again, why shouldn't critics
 draw this inference, when the supporters of this inquiry link the hate
 speech problem to those very themes?
 
 Finally, why would the FCC
want to run an inquiry on Internet content at a time when, in pursuit of
 revised net neutrality rules, its chair is trying to convince the
 public that the agency doesn't want to regulate Internet content?
 
 This
proposed investigation will lead the Commission down a landmine-laced
 road at a time when it has taken on more challenges than ever, including
 net neutrality, getting broadband to rural and low income America,
 spectrum reallocation, and a new IP video policy. And watching the probe
 would be a polarized Congress up for mid-term elections, its members
 itching to run with any tirade that will get them on cable TV.
 
 In
sum, this is a well-meaning idea whose time, we hope, has not come.
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