Carr Clarifies FCC Poll Warning; Gomez Says Threat Remains.

FCC Chair Brendan Carr is pushing back against claims that he is threatening broadcasters over unfavorable election polling, insisting the agency is only reminding stations of their legal obligations when reporting on fabricated polls. Commissioner Anna Gomez, meanwhile, says the warning itself risks intimidating broadcasters into self-censorship, even as neither commissioner identified a specific station that has violated FCC rules.

The dispute resurfaced Thursday (Oct. 29) as Carr and Gomez separately fielded questions from reporters following the FCC’s monthly meeting, just days before the midterm elections.

Carr defended his recent warning about broadcasters airing potentially fabricated political polls, saying the FCC is concerned about what he described as an increase in entirely fake surveys during this election cycle. He cited polling operations including Wedgewood Polls and Meridian Strategies, saying politicians from both parties have raised concerns about the impact of fabricated polls on fundraising and campaigns.

“We are reminding broadcasters that they have certain responsibilities that come with their public interest obligations,” Carr said. He added that stations should exercise due diligence when reporting polling results, both as a matter of journalistic ethics and their FCC obligations.

But when pressed for examples of broadcasters actually airing the questionable polls, Carr acknowledged none were on the FCC’s radar.

“I don’t know if broadcasters have been specifically airing segments,” he said. “They may be. I just think it’s important that people be vigilant.”

Asked directly whether a broadcaster reporting in good faith on a publicly available poll could face FCC scrutiny, Carr rejected suggestions that the agency intended to punish stations simply for airing results unfavorable to a politician, calling it a “mischaracterizations.”

Instead, Carr said his warning concerned existing FCC news distortion and broadcast hoax rules, not legitimate reporting. He also pointed to longstanding agency precedents involving broadcasters conducting their own telephone polls without adequately disclosing their scientific basis.

‘A Way To Spook Stations’

Gomez, speaking separately with reporters, remained unconvinced that the warning was necessary. She argued that the FCC’s legal standards for pursuing news distortion policy or broadcast hoax rule violations are far narrower than Carr’s comments might suggest.

News distortion requires evidence that a broadcaster deliberately manipulated factual reporting about a significant event, she said. The broadcast hoax rule applies to knowingly false information about a crime or catastrophe that causes immediate harm. Gomez suggested that the threat of an investigation, rather than any actual enforcement action, could be enough to influence editorial decisions.

“I suspect the goal here is the threat itself, a way to spook stations into self-censoring,” Gomez said. “Because the law gives the FCC so little to work with, there is not much it can actually do, and the threat only works if the stations let it.”

Gomez emphasized that simply reporting a poll that later proves inaccurate or fabricated would not, by itself, constitute a violation. She also said she was unaware of any broadcasters whose election polling coverage warranted an FCC investigation.

Gomez Keeps Focus On NAB

The exchange came a week after Gomez sent a letter to National Association of Broadcasters President/CEO Curtis LeGeyt urging the trade association to take a stronger stand against what she describes as government intimidation of broadcasters. In that letter, Gomez argued that NAB’s response to FCC actions involving election coverage and political programming had not matched the seriousness of the threats facing its members.

LeGeyt responded by saying NAB would continue working with Gomez and other policymakers to protect broadcasters’ rights and strengthen local stations’ ability to deliver trusted news and information.

Asked Thursday whether LeGeyt’s statement had addressed her concerns, Gomez avoided directly criticizing NAB’s response. “I would say that I am looking forward to working with NAB on ensuring that their members are aware of what the law and the commission’s rules truly require of them,” she said.