On July 4, PBS-affiliated television stations nationwide purported to show live fireworks from the Mall in Washington, DC, without directly informing viewers that they were instead showing “a combination of the best fireworks from this year and previous years. It was the patriotic thing to do” (PBS twitter posting @July4thPBS – 9:28 PM – 4 Jul 2016). This is possibly a violation of Section 73.1208 of the FCC’s rules.
Section 73.1208 of the FCC’s rules requires that “[a]ny taped, filmed or recorded program material in which time is of special significance, or by which an affirmative attempt is made to create the impression that it is occurring simultaneously with the broadcast, shall be announced at the beginning as taped, filmed or recorded.”
The FCC rule goes on to caution that “[t]he language of the announcement shall be clear and in terms commonly understood by the public. For television stations, the announcement may be made visually or aurally.” The rule excludes “[t]aped, filmed, or recorded announcements which are of a commercial, promotional or public service nature [which] need not be identified as taped, filmed or recorded.”
PBS informed viewers through its twitter account in advance of the broadcast that its “36th annual broadcast, sponsored by Boeing, will air
live on @PBS Monday, July 4, 2016 at 8 p.m. ET. (emphasis added).” Since re-broadcasting a previous year’s fireworks display is not a “live” broadcast, PBS had an apparent duty under the FCC’s rules to explain the non-live nature of the fireworks shown at the beginning of the broadcast.
While PBS may have tried to cast the issue of showing a previous year’s fireworks display as live in a better light by characterizing its decision as “the best possible television viewing experience” it was not, as PBS suggests, merely “confusing.” Rather, PBS apparently failed to give proper notice to the viewing public, and therefore its broadcast likely did not comport with FCC rules.
This is not the first time that a television station has apparently misled viewers with videos of fireworks. WBZ-TV in 2011 reportedly showed Boston fireworks over some of the city’s most famous monuments, including Fenway Park and Quincy Market, even though such location shots
were a physical impossibility. WBZ-TV defended its broadcast by stating that the show was entertainment, not news, and no different than Boston Legal — a show filmed in Los Angeles — that showed footage of Boston scenes in every episode. A produced television series that is not promoted as “live” is fundamentally different, however, from a date-specific broadcast of a current event that is promoted as “live.”