Washington, Feb 28 (IANS) The US Federal Trade Commission has cautioned Apple that its Apple News service could face action under federal law amid allegations that it suppresses or promotes news articles for political reasons, raising fresh questions in Washington over Big Tech’s handling of online content.
In a formal letter to Apple Chief Executive Officer Timothy Cook, FTC Chairman Andrew N. Ferguson wrote to inform the company of its obligations under the FTC Act regarding the curation of news content on Apple News.
President Donald Trump posted the letter on Truth Social on Friday.
“Section 5 of the FTC Act prohibits unfair or deceptive acts or practices,” the letter states. It adds that a representation is deceptive if it “is material and would likely mislead consumers acting reasonably under the circumstances.” The law also bars “material misrepresentations and material omissions.”
Ferguson acknowledged that the First Amendment protects the speech of technology companies.
“But the First Amendment has never extended its protection to material misrepresentations made to consumers, nor does it immunise speakers from conduct that Congress has deemed unfair under the FTC Act, even if that conduct involves speech,” he wrote.
According to the letter, Big Tech companies that suppress or promote news articles in feeds based on the perceived ideological or political viewpoint of a publication “may violate the FTC Act” if such actions are inconsistent with their terms of service, contrary to consumers’ reasonable expectations, or cause substantial injury to consumers.
Apple News, the Chairman noted, “aggregates stories from newspapers, magazines, and digital publications, and curates those stories to provide consumers with a digital news feed.”
The service comes pre-installed on many Apple devices and “purports to be the most used news app in the United States.”
The letter refers to recent reports claiming that Apple News has “systematically promoted news articles from left-wing news outlets and suppressed news articles from more conservative publications.”
It cites studies which found that in recent months Apple News chose not to feature “a single article from an American conservative-leaning news source” while promoting “hundreds of articles from liberal publications.”
“These reports raise serious questions about whether Apple News is acting in accordance with its terms of service and its representations to consumers,” Ferguson wrote.
He stressed that the FTC “is not the speech police” and does not have the authority to require Apple “to take affirmative positions on any political issue.” However,
Congress has mandated that the agency protect consumers from “material misrepresentations and omissions.”
“As the Chairman of the FTC, I write to inform you of your obligations under the FTC Act,” Ferguson said, urging the company to undertake “a comprehensive review” of its terms of service and ensure that its curation practices align with those representations and consumer expectations, and, if not, “to take corrective action swiftly.”
Apple has not publicly responded to the letter.
–IANS
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