They can't be taken to court. Notice the difference in what the news on fox broadcast tv reports and how the cable channel fox news reports the news and says what they say. Below is why cable news channels can say whatever they want to say.
The FCC regulates broadcast networks, since the airwaves are free and public. But cable channels, which rely on subscribers, viewers and advertisers, are beyond government control. Since cable runs through private providers, the FCC plays no role in issuing or revoking licenses, and it has no say on what the channels can air.
“The hook for (broadcast) content regulation … is the fact that broadcasters have government-issued licenses that allow them to use the airwaves, and that it’s freely available to anyone with a receiver,” said John Bergmayer, senior counsel at Public Knowledge, an intellectual property group based in Washington, D.C.
“This doesn’t apply to cable networks.”
The FCC’s authority to respond to these complaints is narrow in scope, and the agency is prohibited by law from engaging in censorship or infringing on First Amendment rights of the press. Moreover, the FCC cannot interfere with a broadcaster’s selection and presentation of news or commentary.
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The FCC is prohibited by law from engaging in censorship or infringing on First Amendment rights of the press. It is, however, illegal for broadcasters to intentionally distort the news, and the FCC may act on complaints if there is documented evidence of such behavior from persons with direct personal knowledge. For more information, please see our consumer guide, Complaints About Broadcast Journalism.
