The FCC prohibits educational broadcasters from including “calls to action” specifically in the context of announcements acknowledging a contributor or underwriter, so as to preserve the noncommercial nature of educational broadcasting (see http://www.fcc.gov/mb/audio/includes/33-nature.htm). A station’s liability may increase when it officially co-sponsors an event or rally, irrespective of broadcast announcements.
A DJ issues a call to action when he/she asks, urges, or suggests that the listener should perform some task which may result in a for-profit organization making money. This rule does not apply to non-profit organizations.
“FCC rules don’t prohibit a call to action at all,” says Allen Myers of the FCC’s Media Bureau. “It simply prohibits promotion.” Because a call to action can either promote or not, stations have to use their best judgment, he says.
Section 399B [of the Communications Act] provides, in pertinent part:
(a) For purposes of this section, the term “advertisement” means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended –
to promote any service, facility, or product offered by any person who is engaged in such offering for profit;
(2) to express the views of any person with respect to any matter of public importance or interest;
(3) to support or oppose any candidate for public office.
Calls to action include:
1. Urging a listener to buy a record.
2. Urging the listener to go to a concert or other performance.
3. Mentioning the price of a record or concert ticket.
4. Urging the listener to patronize a specific club or record store.
You are free to rave about how great an album or band is; that’s only a “review.” However you cannot rave about a business establishment, (i.e., “Sam Goody is a great record store”). That counts as a commercial.
Non-profit organizations like are the only entities you can specifically urge people to spend money on. You can, and are encouraged to tell people to attend a benefit for or purchase items. In short, if it directly makes or another non-profit organization money, it’s okay. Otherwise, it’s a call to action.
As a non-commercial broadcaster, it is illegal to say how to vote on candidates for public office, or issues of public importance or public interest.
Broadcast lawyer John Crigler explains the following:
“Calls to actions are of legal significance in four circumstances I can think of.
1. If anyone has paid or promised something of value to the station or on-air personnel, the call to action may trigger the FCC’s underwriting and/or payola rules.
2. If the call to action urges listeners to support or oppose a candidate for political office, it will violate FCC and IRS rules that prohibit noncommercial broadcasters from participating in political campaigns.
3. If the call to action relates to a legislative matter, it may trigger may IRS rules concerning the amount of grass-roots lobbying in which a tax-exempt organization may engage.
4. If the call to action foreseeably will result in personal injury, the call to action may result in tort liability under state law. It’s this last form of a call to action that is of concern in the e-mails below.”
The last type - the type under question here - is considered a “duty of care” issue. Let’s say a station urges people to attend a demonstration - even one planned to be peaceful - that turns violent, even if the violence is initiated by cops. If someone gets hurt or even killed, they (or their estate) could potentially sue the station.
Political Editorials
In October 2000, the FCC repealed the political editorial rule 73.1930 after the Court of Appeals for the District of Columbia found that the FCC had done nothing to justify the rule’s existence. In the Matter of Repeal or Modification of the Personal Attack and Political Editorial Rules 2000 FCC Lexis 5725 (2000).
