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FCC makes the right call

July 10, 2008 - Per Peterson
I don’t agree with everything decision the Federal Communications Commission makes — sometimes it flexes is muscle a bit too much, especially when it comes to television, although it has loosened its tie quite a bit in the last decade. I do, however, agree with its recent decision to fine KFGO’s former owner $12,000 for airing a soundclip of a private voicemail received by talk show host Joel Heitkamp from North Dakota workers compensation director Sandy Blunt. Heitkamp, according to the Associated Press, says Blunt threatened his job and that he doesn’t regret airing the comments. ‘‘I’m pleased with the FCC ruling,’’ Blunt said Wednesday. ‘‘It shows that the FCC stands strongly by its belief that you cannot take private information and publish it on the air.’’ Heitkamp, a Democratic state senator, has been a frequent critic of Blunt, fired last December as head of Workforce Safety and Insurance. Blunt left the phone message in early 2006, when he was still the agency’s director. Heitkamp said his attorney told him it was OK to use the clip and none of his managers complained about it. ‘‘I think it showed exactly what I’ve been telling people that Sandy Blunt is all about,’’ Heitkamp said. ‘‘Any manager who isn’t smart enough to know that you shouldn’t leave a voice message like that probably is a poor manager.’’ The FCC documents did not provide a transcript of what KFGO aired. Neither Blunt nor Heitkamp gave complete details. Blunt said he left the message after calling to complain because Heitkamp referred to dividend credits as ‘‘kickbacks.’’ Heitkamp said the message was ‘‘quick and to the point,’’ and Blunt threatened to have him fired. The FCC ruling said a station is required to call a source about its intent to air a conversation, ‘‘except where such party is aware, or may be presumed to be aware from the circumstances of the conversation, that it is being or likely to be broadcast.’’ The rule is meant to protect the privacy and dignity of people, the FCC said. ‘‘In particular, we find that a voicemail message left for a station employee is a protected ’conversation’ that may not be broadcast without prior consent of the caller,’’ the ruling said. “Protected.” That’s the key word here. It was a message left between two people, and the radio station had no right to air it without Blunt’s consent. That’s akin to a reporter writing something that’s said “off the record.” We in the media have to be careful about what we publish, air or broadcast. It seems, in this case, KFGO wasn’t careful, and in fact, was all too eager to paint this person in a bad light after they got their hands on the voicemail. I’m sure it was juicy stuff, but just because it’s juicy doesn’t mean we should publish or air it. As a matter of fact, the juicier it is, the more we should cover our own backs — and protect those we talk to — when making a decision to run with something.

 
 

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