When was there ever a year where there was more controversy about contests and promotions? This week, the stories were everywhere about how Boston was shut down by the promotion for a program on the Cartoon Network. While all the facts are not in on that case, had this been conducted by a broadcaster, the FCC might well be investigating to determine if the promotion violates the Commission’s hoax policies, which prohibit the airing of hoaxes that endanger the public by tying up emergency responders.
The FCC already seems to be investigating the contest gone wrong in Sacramento. According to trade press reports, FCC Chairman Martin asked the Enforcement Branch of the FCC to review the contest that resulted in the death of a participant. While the FCC may investigate any matter, what is it that they are looking for in connection with the Sacramento contest? Certainly, the contest was a tragic event. And there is the possibility of civil liability from the lawsuit that was filed last week. But not every action by a broadcaster can or should be the subject of FCC action. The FCC has never become involved in libel or slander cases, leaving them to the jurisdiction of the civil courts. Nor has the FCC become involved in cases of personal or property damage from accidents or injuries caused by broadcast vehicles or other equipment. Again – those matters are left to the Courts.