Amid growing interest in the mainstream media, the White
House seems to want to leave it to agency officials make
sure the facts they present in video news releases do not
illegally advocate administration policies or agency programs.
Drawing a distinction between information and advocacy,
the President defended the production of video news
releases that resemble independent news reports and do
not indicate who produced them, citing guidelines issued
recently by the Department of Justice, and putting the
onus on television stations to disclose to their viewers
what they are watching “if there is deep concern about that.”
“Agencies are responsible for reviewing their VNRs to
ensure that they do not cross the line between legitimate
governmental information and improper government-funded
advocacy,” according to a Justice memo, released by the
Office of Management and Budget recently.
It opposes a memo issued by the Government Accountability
Office, and earlier GAO opinions stating that prepackaged
video news releases produced by the Department of Health
and Human Services in support of the Medicare prescription
drug benefit and others by the Office of National Drug
Control Policy constituted “covert propaganda,” and
violated legislation prohibiting the use of appropriated
funds to produce and distribute them.
GAO also said recently that the practice raises ethical
questions, but at a White House press conference on March
16, the President indicated that as long as the releases
are based on fact and not advocacy, then ethical concerns
should be differed to the Justice memo.
That memo asserts the authority of the Justice office of
legal counsel to interpret the applicable law because
“Executive branch agencies are not bound by GAO’s legal
advice,” as part of the Legislative branch.
The GAO advice reminded agencies of constraints imposed
by the publicity or propaganda prohibition contained in
appropriations laws on the use of prepackaged news
stories, though Justice also disputed that view by
asserting that GAO’s definition of “covert propaganda” is
flawed. The Justice memo is available at:
