Foreign Government-Sponsored Broadcast Programming
February 11, 2021
Foreign Government-Sponsored Broadcast Programming
Overview
Radio Sputnik, a subsidiary of the Russian government-
Congress has enacted several laws to enable U.S. citizens
financed Rossiya Segodnya International Information
and the federal government to monitor attempts by foreign
Agency, airs programming on radio stations in Washington,
governments to influence public opinion on political
DC, and Kansas City, MO. Rossiya Segodnya has contracts
matters. Nevertheless, radio and television viewers may
with two different U.S.-based entities to broadcast Radio
have difficulty distinguishing programs financed and
Sputnik’s programming. One entity is a radio station
distributed by foreign governments or their agents. In
licensee itself, while the other is an intermediary. DOJ has
October 2020, the Federal Communications Commission
directed each entity to register under FARA. Copies of the
(FCC) proposed new requirements for broadcast radio and
Rossiya Segodnya’s contracts with both entities are
television stations to identify foreign government-provided
available on both the FCC and DOJ websites.
programming.
FCC filings and a November 2015 report from the Reuters
Statutory Background
news agency indicate that China Radio International (CRI),
For nearly 100 years, beginning with the passage of the
an organization owned by the Chinese government, may
Radio Act of 1927 (P.L. 69-632) and the Communications
have agreements to transmit programming to 10 full-power
Act of 1934 (P.L. 73-416), Congress has required broadcast
U.S. radio stations, but independent verification is not
stations to label content supplied and paid for by third
readily available.
parties so viewers and listeners can distinguish it from
content created by the stations themselves (47 U.S.C.
Organizations that pay broadcast stations to air their content
§§317, 508).
are covered by 47 U.S.C. §317 and §508, both of which
apply to all sponsored programming. FCC documents
In addition, Congress enacted the Foreign Agents
indicate that Radio Sputnik and CRI paid radio stations,
Registration Act (FARA; P.L. 75-383) in 1938 initially to
either directly or through intermediaries, to air their
combat the influence of foreign propaganda. Today, FARA
programming. A 2018 Asset Purchase Agreement—
imposes registration, reporting, and record-keeping
available on the FCC’s website—states in Section 7.18
requirements on foreign agents acting to influence the U.S.
“WCRW’s programming and revenue are obtained under a
government and public policy on behalf of foreign interests
programmer contract with China Radio International
(22 U.S.C. §§611-623).
(“CRI”) due to expire on December 31, 2018.” WCRW
serves the Washington, DC market.
In 1982, Congress enacted the Foreign Missions Act (P.L.
97-241) in part to “to facilitate the secure and efficient
In 2020, the State Department announced that the Secretary
operation in the United States of foreign missions … and to
had designated CRI as a foreign mission and limited its
require their observance of corresponding obligations in
employment of PRC nationals in the United States to two
accordance with international law” (22 U.S.C. §4301(b)-
people.
(c)). Under this law, the U.S. Department of State may
designate media organizations controlled by foreign
Television Programming
governments as foreign missions. A designated foreign
Until March 1, 2020, MHz Networks, a for-profit media
mission must register property leases or ownership with the
organization based in Virginia, packaged and distributed
State Department and must report all personnel. The State
programming for television stations throughout the United
Department may limit the number of visas granted to
States via its now-defunct broadcast television network,
employees of a foreign mission.
MHz World. Information about the financial relationship
between the programming sources, MHz, and the television
The FCC enforces the Communications Act of 1934; the
stations that aired its programs is not readily available to the
U.S. Department of Justice (DOJ) enforces FARA, and the
public. MHz’s programming sources included government-
State Department enforces the Foreign Missions Act.
controlled entities in Russia (RT America), China (China
Global Television Network [CGTN]), formerly known as
Radio Programming
China Central Television), Turkey (TRT World), and
U.S. federal agencies have characterized certain media
France (France 24).
organizations of both the People’s Republic of Russia and
China (PRC or China) as extensions of those countries’
In recent years, DOJ directed the following organizations
governments, contending that the organizations seek to
that produce television programs to register as foreign
advance those governments’ interests within the United
agents: (1) T&R Productions, a Washington, DC-based firm
States.
that produces English-language programming for RT Media
(in September 2017); (2) CGTN (in December 2018); and
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(3) TRT World (in August 2019). DOJ also identified MHz
b. The FCC’s proposal would apply to entities whose
Worldwide as a registered agent of France (based on its
programming is transmitted by a broadcaster, rather than a
work for France 24), but not of other countries. In its 2018
cable or satel ite operator, and therefore is inspired by, but
not based on, this statutory definition.
filings, MHz stated that it had registered under FARA
“despite concerns regarding the First Amendment
implications of any requirement for registration.”
Standards of Review
Judicial Review. The FCC acknowledged that its proposed
disclosure requirements implicated the First Amendment’s
Some U.S. public television stations broadcast
programming produced by Japan Broadcasting Corporation
Free Speech Clause and could trigger heightened judicial
(NHK), which states in its corporate profile that while it is
scrutiny. The agency argued that its proposal ultimately
funded by the Japanese government, it is editorially
comports with constitutional free speech requirements, and
independent. Its U.S. subsidiary, NHK Cosmomedia
could satisfy even the strictest level of judicial review. It
America Inc. has registered as an agent “because [the DOJ]
added that the government has a compelling and long-
may view [its] operation ... as political activity within the
standing interest in ensuring accuracy and transparency
meaning of FARA.”
about broadcast programming sponsors, particularly foreign
government sponsors. The FCC claimed that it narrowly
In September 2020, the State Department designated CGTN
tailored the proposed rules to achieve this interest.
as a foreign mission and limited its employment of PRC
nationals in the United States to 30 people.
FCC Review. In November 2020, the FCC’s Offices of
Economics and Analytics and General Counsel jointly
FCC’s Proposed Rules
released a memorandum that formalizes the agency’s
In October 2020, the FCC proposed new requirements for
procedures for incorporating economic analysis into its
broadcast radio and television stations to identify foreign
decisionmaking.
government-provided programming. Table 1 summarizes
Issues for Policymakers’ Consideration
the categories of entities covered by the proposed rules and
the public data sources that the FCC states broadcasters can
In comments filed with the FCC, groups representing
use to determine whether a program they are transmitting
broadcasters contend that the FCC’s proposed rules do not
falls into those categories.
comply with these standards of review.
Table 1. Entities Triggering Sponsorship Disclosure
Entities Affected. The National Association of
Broadcasters (NAB) asserts that to address First
Category
Amendment considerations “more appropriately,” the FCC
Definition
Public Data
could also require cable operators to transmit disclosures.
Category
Source
Source
While the Communications Act’s sponsorship requirements
apply to broadcasters only, the FCC’s regulations
Government of a
FARA
DOJ database and
concerning sponsorship disclosure apply to both
foreign country
22 U.S.C. §611(e)
DOJ reports to
broadcasters and cable operators (47 C.F.R. §73.1212(a)
Congressa
and 47 C.F.R. §76.1615, respectively). Four of the entities
Foreign political
FARA
DOJ database and
that might be subject to the FCC’s proposed broadcast
party
22 U.S.C. §611(f)
DOJ reports to
disclosure rules, RT America, CGTN, France 24, and NHK,
Congressa
have distribution agreements with U.S. cable operators.
Agent of foreign
FARA
DOJ database and
Implementation by Broadcasters. NAB, National Public
principal that has
22 U.S.C.
DOJ reports to
Radio (NPR), the Public Broadcasting Service (PBS), and
registered with
§§611(b)(1), (c),
Congressa
the organization America’s Public Television Stations
DOJ
(d)
(APTS) all dispute the FCC’s claim that broadcasters would
“not be b
Foreign mission
Foreign Mission
State Department
urdened unnecessarily in determining when [its]
Act
public notices in
proposed disclosures are required.” APTS and PBS state
22 U.S.C.
Federal Register
that the FCC’s proposed rules “would impose due diligence
§4302(a)(3)
and implementation costs on broadcasters that are far higher
than necessary to achieve the narrow purpose of shining a
U.S.-based foreign
Communications
FCC reports to
light on foreign propaganda.”
media outlet that
Actb
Congress
has filed report
47 U.S.C.
APTS and PBS note that the State Department does not
with FCC
§624(d)(2)
maintain a database of foreign missions, and suggest that
Source: Federal Communications Commission, 35 FCC Record
the FCC exclude this category. In addition, NPR states that
12099, “Sponsorship Identification Requirements for Foreign-
the “user interface [of DOJ’s FARA database] does not
Government Provided Programming, Notice of Proposed
facilitate relevant searches.” APTS and PBS suggest the
Rulemaking, FCC 20-146,” October 26, 2020. Some organizations
FCC create its own database.
may fal into multiple categories.
Notes:
Dana A. Scherer, Specialist in Telecommunications Policy
a. The FCC seeks comments on whether to apply rules as soon
as individuals register with DOJ under FARA or, once
IF11759
individuals appear on public lists, in recognition of lag time.
https://crsreports.congress.gov
Foreign Government-Sponsored Broadcast Programming
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