Cable 'Fake News' Complaints Lodged With FCC Rocketed After 2020 Election

Per our analysis, Fox was named in 1,138 complaints, with sister network Fox Business being named three times. CNN was named in 875 complaints, MSNBC in 539, and its CNBC sister network was named 29 times. None of those networks responded to multiple requests for comment. By far, the biggest topic of complaints was networks declaring Joe Biden the seeming winner of the 2020 presidential election before state results were certified. Other major sources of viewer umbrage included how a network or networks were covering the COVID-19 pandemic (with more than 230 complaints) and Kyle Rittenhouse, who was ultimately acquitted of murdering two men during a 2020 protest of a police shooting (26 complaints), plus more than 220 general complaints about the networks being biased or misleading.

Newsmax and One America News received some complaints -- 12 for OAN, nine for Newsmax -- but the networks were singled out more than once by complainants as exceptions. "I choose not to watch [CNN and Fox] at all anymore as a result and have sought out alternative outlets," said a Dec. 6, 2020, complainant from Delaware, Ohio, adding that Newsmax and OAN are now the networks of choice. "Do something about this."

Our tally and analysis doesn’t count complaints about those channels being blacked out during carriage disputes, loud commercials, or hosts or guests on those networks using non-family-friendly language or other frequent complaint topics. We also didn’t count generalized complaints about fake news aimed at the media broadly or aimed at outlets other than cable news networks, such as broadcast networks and print media outlets.

In the months leading up to the election, the rate of complaints ebbed and flowed. One of the busier days for FCC complaints was March 13, 2020, during which the agency received more than 70 complaints about Fox News’ pandemic coverage and commentary. An Indianapolis complainant said Fox News, since it's not overseen by the FCC, "should be not deemed Essential during this Crisis and made to shut down like all other Non-Essential businesses. [Commentator Sean] Hannity and the whole crew over at Fox should be brought up on misleading the American people charges because people died after listening to them say that this Virus is a Hoax."

On June 13 and 14, the FCC received at least 25 complaints about allegations Fox was altering images or using footage from other events in its coverage of the Black Lives Matter Seattle protests. “They are spreading a false, harmful, and racist narrative about the cop-free zone in Seattle to millions of people,” an Encino, California, complainant wrote the agency June 13. “How can we hold Fox accountable?”

The pace of complaints exploded as cable networks said Biden appeared to have won the presidential election. In three days, Nov. 9-11, the agency received more than 400 complaints about the election calls. "I am terribly afraid that voters will be so upset in the end after the election is finally called, that they have been lied to if indeed Trump ends up winning, that there will be more violence in the streets than we have seen over the past few months. Please make them stop!" said a North Bend, Oregon, complaint filed Nov. 9 against CNN, MSNBC and Fox. Those three networks weren't "written in the constitution to be able to call presidential elections or claim any sort of victory for any candidate before the electorate has even convened. It is therefore misleading and incorrect for the FCC to continue to allow these transgressions on the American people," said a complaint later that day from Grimesland, North Carolina. A Nov. 11 San Diego complaint against the three for calling the election said "best case for me would be to close them down, but if you can't do that, at least make them stop reporting it or fine them big dollars."

Numerous complaints included urging the FCC to police the cable networks and their content. “I would like the FCC to investigate revoking Fox News' FCC license given the incredible damage done by their irresponsible, reckless, and dangerous use of the airwaves,“ said a March 20, 2020, complaint from Shaker Heights, Ohio, about COVID-19 coverage. "Please pull the plug on CNN, MSNBC, ABC, CBS, NBC forever!" said an April 11, 2020, Los Angeles complaint about the cable networks "doing NOTHING but LYING and causing confusion during a NATIONAL EMERGENCY." Said a Nov. 10 complaint from Conway, South Carolina, about presidential election coverage by CNN, MSNBC and Fox, "they are lying and gaslighting America into [accepting] a fraudulent stealing of our democratic republic. It is the responsibility of the FCC to put a stop to these lies and disinformation. DO YOUR JOB!!!"

Such FCC policing would be largely unthinkable due to lack of agency jurisdiction over cable content and those networks' First Amendment protections, said former Commissioner Mike O'Rielly, a Media Institute fellow. "There's little to no authority" over cable content, he said, noting the agency is also typically loath to go after licensed broadcasters. He said any agency actions would likely be struck down in court.

"I would probably drop dead from shock if the FCC did anything about [cable news network content] (and I'm not 100% sure what that would or could even look like)," emailed Melissa Zimdars, an associate professor-communication and media at Merrimack College and research associate at the University of North Carolina-Chapel Hill's Center for Information, Technology and Public Life.

The FCC “review[s] complaints and proceed[s] with items within our jurisdiction,” an agency spokesperson emailed.