EQUAL Tucker Carlson said almost nightly on his Fox News show, “I’m just asking questions!”
I was the chief executive officer of Fox from 1990 to 1997, helping to build Fox Broadcasting Company, the long-sought fourth free commercial television network. I have successfully secured Fox and its principal Rupert Murdoch, which waives many of the laws and regulations necessary/helpful to launch Fox Broadcasting. My colleagues and I are proud to have built that and a new brand in television, FOX, a brand of integrity that stands for competition and innovation (like showing viewers the stream of drama. electronic versions of NFL broadcasts). During my time at Fox, I deeply admired Rupert, whose foresight and boldness helped us get our work done.
In addition to Fox Broadcasting, Fox also owns cable channels including Fox News Channel and 28 local TV stations. The Federal Communications Commission has little regulatory authority over cable channels like Fox News, but it does tightly regulate local television stations that use public waves.
Section 308(b) of the Communications Act requires the FCC to evaluate the character qualifications of public broadcast licensees. The FCC reviews behavior at the base station and elsewhere. The FCC revoked the broadcast license based on character problems.
On March 31, 2023, Judge Eric M. Davis of the Delaware Superior Court, in Dominion Voting System libel lawsuit, issued a written order finding that Fox had repeatedly misrepresented—“distorted” in the FCC parlance—about the 2020 election on Fox News Channel. His order says:
The evidence developed in this civil proceeding demonstrates that it is VERY CLEAR that none of the Dominion Statements regarding the 2020 election are true. Therefore, the Court will enter a summary judgment in Dominion’s favor on the forgery factor.
Fox has not appealed the decision. In fact, it released a statement acknowledging the judge’s ruling.
The filing before Judge Davis is full of evidence that Fox management and Fox News personalities knew the 2020 election wasn’t stolen but worried that if they told the truth it would make it worse. shunned by their core viewers. That means, in my opinion, that fake news was given on purpose.
In a series of months-long email exchanges, I tried to get Rupert to stop reporting falsehoods on the Fox News Channel. Unbeknownst to me, Fox created those emails as part of the Dominion case investigation. I will not share them here.
On January 5, not knowing what would happen the next day, I sent Rupert the following email:
It would be a great service for the Country I know you love, and for the party, to record and sit with Sean, Tucker, Laura etc saying things like: ‘We’re not going to stop fighting. fight for Freedom and Americans way of life and against radical liberal policies. While we are as disappointed as you are, the fact that President Trump and his attorneys have failed to present any evidence of rampant voter fraud may change the fact that Joe Biden was elected President on November 3. All of us at Fox will work tirelessly for you and serve as watchdogs in the Biden Administration. In the meantime, put on a mask and get vaccinated so we can kill the virus.”
Through an earlier email exchange, I learned that Rupert did not believe the election was stolen. Here is his answer:
“I’ll think about it. Maybe something like that in a few days!
From the following findings in Judge Davis’ Order, we know that Rupert followed my recommendation on the same day:
On January 5, 2021, Rupert Murdoch emailed Mrs. Scott [CEO of FNC] that it is suggested that ‘the most important moment the three of them should either stand alone or together say something like “the election is over and Joe Biden has won.”‘. Ms. Scott passed it on to Ms Cooper and said, ‘I told Rupert privately that they were all there—we need to be careful about using shows and making viewers uncomfortable but they know how to navigate. .’
To the best of my knowledge, no such statement has ever been televised.
The same senior management team that includes Rupert and his son Lachlan, oversees both the Fox News Channel and Fox-owned television stations; they call the photos. Fox News Channel produces a weekly program, “Fox News Sunday” that is broadcast by Fox-owned Television Stations. It also provides national and international news for Fox-owned television stations.
False news has consequences. Despite all the facts to the contrary, millions of Americans, including Fox viewers, believe that the 2020 election has been stolen. Rioters at the US Capitol on January 6 chanted “Stop stealing”.
To the best of my knowledge, the FCC has never faced a judicial body that a broadcast licensee knowingly and repeatedly presented false information. It’s hard to imagine an issue that more directly affects the character level of broadcast licensees. Can anyone imagine Walter Cronkite, Peter Jennings or Tom Brokaw (and their bosses Bill Paley, Tom Murphy, and Jack Welch) intentionally and repeatedly spreading fake news? It is simply unimaginable.
So the question now is: Should the FCC consider Fox’s character to continue as steward of the public waves?
Just ask questions.
Preston Padden has held various executive roles at Fox; as president of the ABC Television Network; and executive vice president of The Walt Disney Company
