WMGM-TV 40 fined $4,000 for airing news release without identifying sponsor
Posted: Monday, March 28, 2011 7:20 pm
WMGM-TV 40 fined $4,000 for airing news release without identifying sponsor By ELAINE ROSE, Staff Writer pressofAtlanticCity.com | 0 comments
WMGM-TV 40 has been fined $4,000 for airing a video news release about a nasal spray during its weekly health segment without letting viewers know who sponsored it, the Federal Communications Commission says.
The "Lifeline" segment, which aired Oct. 18, 2006, was introduced by health reporter Robin Stoloff as "especially important as we begin the cold and flu season and one of the biggest travel times of the year," the FCC notice of the fine states. The segment, which was edited for broadcast, was produced by Matrixx, the company that makes the Zicam zinc nasal preparation.
The segment spoke of the dangers of catching a cold while traveling, and mentioned how zinc products can lessen the duration and severity of symptoms, the FCC said. It mentioned Zicam nasal zinc preparation and showed four close-up shots of the product, but no competing products were mentioned.
The station is required to identify the sponsor because "listeners and viewers are entitled to know who seeks to persuade them," the nine-page FCC document states.
In this case, viewers may have been even more confused, as Shore Memorial Hospital in Somers Point was mentioned as a sponsor of the segment, but the material was supplied by the company that makes Zicam, the FCC notice states.
In its response to the allegation, WMGM-TV owner Access.1 Communications said Shore Memorial had no role in producing the video news release or in delivering it to the station, the document states.
KMSP-TV 9, a Fox affiliate in Minneapolis, also was fined $4,000 for airing a "news report" about increased demand for convertible cars that focused solely on General Motors vehicles.
In both cases, the complaints were filed by Free Press and the Center for Media and Democracy, the FCC said.
WMGM General Manager Ron Smith said Monday that the station argued that it did not break the law because it was not compensated for airing the segment.
"There was no money that exchanged hands in any way, shape or form," Smith said. "After we got the notice, we stopped doing it immediately."
But the FCC, which has different commissioners than the ones who sat when the complaint was filed in late 2006, didn't agree, Smith said.
Smith said he was surprised to learn of the fine because WMGM's broadcast license was recently renewed.
"Usually the fines come before the license is renewed or with it," he said.
The station intends to pay the penalty rather than appeal the ruling, Smith said.
"We (already) paid enough money in legal fees for this," he said.
Contact Elaine Rose:
609-272-7217
ERose@pressofac.com
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