Broadcasting Telecasting (Jan-Mar 1960)

DOERFER FOR CLIPP PREVIEW PLAN FCC chairman urges beefed-up code staff that would preview programs and commercials, issue seals to those it approved A preview seal of approval for tv programs and commercials was politely rammed down NAB's throat Feb. 5 by FCC Chairman John C. Doerfer. This way of cooling television's hot seat might be an idea for all advertising media, he suggested in an address to the Advertising Federation of America's second annual Washington conference. It's an idea NAB has been dodging since it was first submitted by Roger W. Clipp, Triangle Stations, a former chairman of the NAB Tv Code Review Board (Broadcasting, Nov. 30, Dec. 7, 1959 et seq). The alternative to a seal of approval, Chairman Doerfer suggested, is enactment of "inflexible rules or laws." Why a Seal • Basing his proposal on changing times, industry troubles and the mistake of spending for "tranquilizers instead of real therapeutic medicines," the chairman couched his recommendation in advisory terms and repeatedly said he would not be so presumptuous as to suggest in detail "what corrections the advertising industry should effect." But turning specifically to tv, he "respectfully suggested" the medium look into a before the-fact seal of approval and then offered blunt reasons why it should be done in a hurry. After Mr. Clipp offered his seal of approval idea last November, the NAB Tv Board gave it a fast kick out the door. The Tv Board said Dec. 4 the seal would involve "an enormous implementing structure involving millions of dollars." The board's spokesman, Chairman G. Richard Shafto, WIS-TV Columbia, S.C., said the NAB directors deemed the pre-air seal contrary to the voluntary enforcement any event, consider that a policy or practice may cause the provisions of paragraph (a) of this section to be invoked if it appears that in connection with the operation of any broadcast station the licensee has failed to exercise the reasonable care and prudence necessary to prevent its broadcast facilities from being used for improper purposes such as fraud, deceit, or misrepresentation or to mislead or deceive the public. concept of the NAB tv code. Mr. Shafto, too, is a former code board chairman. The NAB board rejection upheld a position taken a few days earlier by NAB President Harold E. Fellows. This warning was offered by Chairman Doerfer to broadcasters and the AFA last week: "A penny's worth of prevention is worth thousands of dollars spent in attempting to retrieve the confidence of the American public — even though besmirched by the mistakes of a few." Warming up to the preview idea, Chairman Doerfer said the plan was proposed "by a responsible broadcaster and endorsed by a number of advertising agencies, as well as other broadcasters, and is gaining more and more support." He did not identify Mr. Clipp by name. Programs and Ads • He continued, "This proposal calls for an expansion of the present NAB code staff and the establishment of a Code Seal of Ap This is the second major proposal to broadcasters by FCC Chairman John C. Doerfer. Two weeks ago the tv networks adopted, in modified form, his plan for public service programming in evening time (Broadcasting, Jan. 25). proval which would be affixed to all programs and commercials meeting the established standards set by the NAB Tv Code Board. Previewing of all programs and commercials would be required to determine whether they qualify to display the seal on the air. "The 'plus' factor in such a plan is that it permits a .judgment by a jury "(c) Licensees shall adopt appropriate procedures to achieve conformance with the objectives of paragraph (b). "(d)' The above rule will not preclude the Commission in proper cases from taking into consideration the past failure on the part of licensees to exercise the responsibility incumbent upon them by virtue of their license." The proposed rule "does not make the licensee an absolute insurer that of one's own peers — instead of the inevitable staff of a government agency devoid of any practical experience — unless timely forestalled. "Secondly, the proposal would embrace both programs and commercials and from whatever source, that is, network, syndicated, national, spot or local. Thirdly, it would substitute a noteworthy effort for mere lip service. "Fourthly, the display of an industry code seal would, in time, become a highly-prized hallmark of distinction. It would recapture credibility on the part of the viewing public in about the same ratio enjoyed by Good Housekeeping Magazine, which, as you know has caused an evaluation to be made of its Good Housekeeping Guarantee Seal. The results conducted by the Schwerin Research Corp. indicate that the addition of this seal to the commercial of several major advertisers increased their effectiveness from 20% to 39%. "Finally, public confidence would be restored and enhanced in television advertising and the faith of the American people renewed in the ability of an industry to make self-corrections without the intervention of government." Network Pool • Speaking of "network fare," Chairman Doerfer understood that the head of a New York agency had suggested the three networks pool their resources and set up one all-network bureau of standards. The code staff would work closely with the bureau so programs and commercials would meet code standards. Chairman Doerfer noted an objection that the preview seal is a form of censorship. He said he felt commercials don't enjoy the same First Amendment protection as "the press and the platform in voicing opinions no such deceptive programs will be carried over its station but rather imposes upon it the duty to exercise reasonable care and prudence . . ." Legislation Needed, Too • Since FCC rules can reach only licensees, the memo stated, the Commission also should recommend penal legislation to Congress to cover others who might be involved in schemes to mislead the public. He proposed this amendment to the U.S. Code: 28 (PAYOLA & QUIZ LEGISLATION) BROADCASTING, February 8, 1960