In recent weeks, particularly during sporting events and news broadcasts, broadcast TV outlets have aired content warnings before televising political ads that carry anti-trans messaging and in front of ads with graphic images for a little-known anti-abortion presidential candidate.
“The following political advertisement contains graphic images that may disturb viewers,” states a warning that aired on Fox. “Federal law requires Fox Broadcasting and all broadcast stations to accept and broadcast political advertisements for and sponsored by legally qualified federal candidates for public office.”
A similar warning ran before a graphic anti-abortion ad on behalf of presidential candidate Randall Terry on ABC during “The View” and “World News Tonight” and during Fox’s World Series coverage.
The pre-ad warnings echo Federal Communications Commission regulations that state the same thing: Regardless of how viewers feel about the ads, broadcast networks and TV stations have no choice but to televise them, even if the ads contain offensive visuals and untruthful messages.
Representatives for Fox and ABC did not respond to questions about the pre-ad warnings, but WTAE-TV is emailing a response to viewers who have lodged complaints about Terry’s ad, explaining, “Unfortunately in this case, federal law restricts WTAE-TV’s ability, and the ABC network’s ability, to reject or censor ads by federal candidates based on the content of the ad. That is the case even when the content of the candidate’s ad is offensive, graphic and disturbing to many viewers.
“Please know that we were not pleased to be required to air the difficult-to-watch ads you saw in ‘The View,’ ” the letter continues. “However, we have been advised by our legal counsel that Randall Terry is a legally qualified candidate for president who is on the ballot in at least 10 states. Accordingly, we have been advised that Mr. Terry is legally entitled to purchase time on the ABC network and also on our local station, and we must run these ads without censoring or modifying the content in any way.
“This puts us in a difficult position, but of course we must honor our legal obligations — and that is why you saw the ad you did,” the letter concludes.
A web search shows many TV stations nationwide are running the warnings before Terry’s ad with a veteran TV executive explaining that the warnings, while rare, are allowed by the FCC. The disclaimers are also an effort to separate the network’s brand from the ad. (While broadcast TV stations/networks must run candidate ads, they can choose to reject ads from third-party, noncandidate organizations and PACs.)
The anti-trans ads tout the candidacy of Republican presidential nominee and former President Donald Trump and criticize his rival, Democratic nominee and Vice President Kamala Harris, for supporting gender-affirming care for incarcerated trans people, including surgery where medically necessary.
The anti-trans ads air repeatedly in swing-state TV markets even as trans issues rank low on Americans’ concerns in recent polling. ABC News reports there have been just two gender-affirming surgeries for federal prisoners since February 2018 when a Bureau of Prisons Congressional Budget submission document, issued during Trump’s presidency, indicated inmates who self-identify as transgender are individually assessed for psychosocial and medical needs.
Networks airing disclaimers before the anti-trans ads may also just be exercising good business sense: A 2022 Pew Research Center study found 64% of Americans favor protecting trans people from discrimination.
Channel surfing
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