Key Points
- FTC Chairman Andrew Ferguson sent a letter to Apple CEO Tim Cook alleging Apple News may favor progressive outlets over right-of-center publishers in its article aggregation.
- Ferguson cited a Media Research Center study and warned selective aggregation could constitute a “material misrepresentation” under Section 5 of the FTC Act.
- The FTC cannot regulate speech, but Ferguson urged Apple to review its policies to ensure compliance with consumer protection laws.
The lead official in charge of the government’s consumer protection agency has fired off a warning letter to Apple CEO Tim Cook, accusing the company’s news app of showing bias against right-of-center news outlets.
In a letter sent to Cook on Wednesday, Federal Trade Commission (FTC) Chairman Andrew Ferguson said the company appeared to be promoting progressive views by aggregating news articles from mainstream media sources over outlets like Fox News, Breitbart and The Gateway Pundit.
Ferguson’s argument was largely centered on a study produced by the Media Research Center, a conservative watchdog group, that claimed Apple News did not aggregate articles from those three news organizations and others like the New York Post and the Daily Mail in its top 20 news article aggregated in January.
The FTC does not meddle in the free speech of corporations like Apple, Ferguson warned, but he said the apparent aggregation of news articles that favor progressive or non-partisan outlets over right-of-center news organizations could be viewed as a “material misrepresentation or omission” in terms of how Apple News treats its publishing partners and how it markets its app to consumers.
“The FTC is not the speech police; we do not have the authority to require Apple or any other firm to take affirmative positions on any political issue, nor to curate news offerings consistent with one ideology or another,” Ferguson said. “But Congress mandated that we protect consumers from material misrepresentations or omissions, including when the product or service offered to consumers is a speech-related product.”
Ferguson cited Section 5 of the FTC Act, which prohibits “unfair or deceptive practices” by companies, alleging Apple might be in violation of that rule if its marketing or promotion of the Apple News app is “likely (to) mislead consumers acting reasonably under the circumstances.”
Apple might be in violation of the FTC Act if the company doesn’t adhere to its own terms of service with respect to Apple News, Ferguson said. He urged the company to review its own policies and bring the Apple News app into compliance, if it isn’t already.
The letter is the latest example of a leading federal government official targeting a major company over perceived slights against conservatives.
Last year, Federal Communications Commission (FCC) Chairman Brendan Carr encouraged broadcast TV stations with ABC-affiliated outlets to pre-empt “Jimmy Kimmel Live!” over a monologue on the program that criticized supporters of President Donald Trump following the assassination of political activist Charlie Kirk.
During the monologue, host Jimmy Kimmel wrongfully implied that the suspect accused of killing Kirk was politically-aligned with Trump’s supporters. Two broadcasters, Nexstar Media Group and Sinclair, pulled the show from their ABC affiliates hours after Carr’s remarks; both broadcasters had, and still have, pending business-related transactions that require FCC approval.
