In addition to holding that Serafyn presented insufficient
evidence to "demonstrate" that CBS had intentionally distort
ed the "60 Minutes" episode about Ukraine, the Commission's
denial of Serafyn's petition also rested upon the alternative
ground that he had not alleged a general pattern of distortion
extending beyond that one episode. Upon appeal Serafyn
argues--and the Commission does not dispute--that he did
present evidence regarding CBS's general policy about distor
tion, namely the comments of Wallace and Hewitt quoted
above, and that the Commission failed to discuss or even to
mention this evidence. Both Wallace's comment ("you don't
like to baldly lie, but I have") and Hewitt's ("it's the small
crime vs. the greater good") are, to say the least, suggestive.
Furthermore, both Wallace (as the most senior reporter and
commentator for "60 Minutes") and Hewitt (as the producer
of the series) are likely members of the "news management"
whose decisions can fairly be attributed to the licensee.
Hunger in America, 20 FCC 2d at 150. The Commission's
failure to discuss Serafyn's allegation relating to CBS's policy
on veracity is therefore troubling. Indeed, because of the
importance the Commission placed upon the supposed lack of
such evidence, its presence in the record casts the Commis
simon alternative ground into doubt. The Commission must
consider these allegations upon remand.
CONTENTS:
Title Page
I. Background
II. News Distortion
A. Evidentiary standard
B. Licensee's policy on distortion
C. Nature of particular evidence
1. Extrinsic evidence
(a) Outtakes of the interview with Rabbi Bleich
(b) The viewer letters
(c) The refusal to consult Professor Luciuk
2. Evidence of factual inaccuracies
D. Misrepresentation
III. Conclusion
C. Nature of particular evidence
The Commission gave illogical or incomplete reasons for
finding non-probative two of the three pieces of evidence it
determined were "extrinsic." It also failed to discuss individ
ually certain alleged factual inaccuracies that Serafyn brought
to its attention. Before discussing the Commission's opinion
in detail, however, we set out a brief excerpt from the
transcript of the broadcast.
MORLEY SAFER, co-host: ... [T]he west [of Ukraine],
where we go tonight, is on a binge of ethnic national
ism. "Ukraine for the Ukrainians" can have a fright