Sec. 73.1920 Personal attacks.
(a) When, during the presentation of views on a controversial issue
of public importance, an attack is made upon the honesty, character,
integrity or like personal qualities of an identified person or group,
the licensee shall, within a reasonable time and in no event later than
one week after the attack, transmit to the persons or group attacked:
(1) Notification of the date, time and identification of the
broadcast;
(2) A script or tape (or an accurate summary if a script or tape is
not available) of the attack; and
(3) An offer of a reasonable opportunity to respond over the
licensee's facilities.
(b) The provisions of paragraph (a) of this section shall not apply
to broadcast material which falls within one or more of the following
categories:
(1) Personal attacks on foreign groups or foreign public figures;
(2) Personal attacks occurring during uses by legally qualified
candidates.
(3) Personal attacks made during broadcasts not included in
paragraph (b)(2) of this section and made by legally qualified
candidates, their authorized spokespersons, or those associated with
them in the campaign, on other such candidates, their authorized
spokespersons or persons associated with the candidates in the campaign;
and
(4) Bona fide newscasts, bona fide news interviews, and on-the-spot
coverage of bona fide news events, including commentary or analysis
contained in the foregoing programs.
[[Page 298]]
(c) The provisions of paragraph (a) of this section shall be
applicable to editorials of the licensee, except in the case of
noncommercial educational stations since they are precluded from
editorializing (section 399(a), Communications Act).
[ 43 FR 45856 , Oct. 4, 1978, as amended at 44 FR 45956 , Aug. 6, 1979]
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