Section 1. Title and Purpose
This Act shall be known as the Journalistic Integrity Act of [Year].
The purpose of this Act is to provide a voluntary framework for news organizations to demonstrate commitment to factual reporting and public accountability. Through a system of certification, the Act empowers citizens to hold news organizations accountable for accuracy and transparency, promoting trust in journalism without compromising the freedoms guaranteed by the First Amendment.
Section 2. Definitions
For the purposes of this Act:
- Certified News Organization: Any corporation, partnership, or individual that voluntarily declares their status as a Certified News Organization by making a public statement of accountability, pledging to adhere to high standards of factual integrity and transparency.
- Trust Seal: A visual mark awarded to Certified News Organizations to indicate their commitment to this Act’s standards of responsible journalism.
- Demonstrably False Information: Information that can be verified as factually incorrect using credible, independently available sources.
- Reasonable Journalistic Standard: A standard of care expected in verifying and presenting information. Certified News Organizations are required to adhere to this standard, which includes diligent fact-checking and transparency.
- Viewership Base: The audience size or readership of a Certified News Organization, based on publicly available metrics, including subscription counts, viewership ratings, or other reputable measures.
Section 3. Voluntary Certification Process
- Certification Statement: News organizations or individuals may become Certified News Organizations by submitting a voluntary statement affirming:
- Their commitment to presenting factual, independently verifiable information.
- Their accountability under this Act’s provisions for breaches of public trust.
- Their responsibility to distinguish factual reporting from commentary or opinion in a clear, accessible format.
- Trust Seal: Upon certification, organizations are entitled to display a “Certified News Source” Trust Seal on their platforms, signifying their commitment to accuracy and integrity. This seal may be displayed in print, on broadcasts, or online.
- Non-Certified Entities and Disclaimer: Organizations that choose not to certify are exempt from the Act’s provisions. However, non-certified entities must include a disclaimer in visible format stating:
“This organization has not certified as a factual news source under the Journalistic Integrity Act and is not subject to the Act’s accountability standards.”
Section 4. Public Registry of Certified and Non-Certified Outlets
- Registry Maintenance: A public registry shall be maintained listing both certified and non-certified news organizations. This registry shall be accessible to the public and updated regularly.
- Transparency: The registry allows consumers to easily verify the certification status of news sources, promoting transparency in media and encouraging organizations to adopt certified status to uphold public trust.
Section 5. Accountability Mechanism for Breaches of Public Trust
- Cause of Action for Misrepresentation or Negligence:
- Private individuals or groups of individuals may initiate legal action against a Certified News Organization if:
- The organization publishes demonstrably false information knowingly or with reckless disregard for the truth, or
- The organization fails to meet a reasonable journalistic standard by omitting key facts or context, resulting in a misleading narrative.
- Class Actions and Generalized Harm:
- Class action suits may be filed if the plaintiff class can demonstrate generalized harm, such as significant public confusion or a negative impact on civic understanding. Plaintiffs are not required to show individualized harm but must show that the organization had reasonable means to verify its claims.
- Damages:
- Damages are capped at $500 per plaintiff, applicable only to Certified News Organizations, and may extend up to the size of the viewership base affected by the misleading or false information.
Section 6. Public Disclosure of Accountability Outcomes
- Mandatory Disclosure of Lawsuit Results: Certified News Organizations found liable under this Act must disclose the outcome of any accountability-related lawsuits within 30 days of a final court judgment. This disclosure may be:
- Published on the organization’s website, in print, or on-air, or
- Made available to the public through an accessible, government-hosted public registry if the organization opts not to publish on its own platforms.
Section 7. Standards for Anonymous Sources and Verification
- Citing and Differentiating Sources: Certified News Organizations must clearly differentiate between verified information and claims based solely on anonymous sources, labeling such claims as “unverified” where appropriate. This transparency ensures consumers understand when information lacks independent corroboration.
- Transparency in Reporting: Certified organizations are expected to label commentary or opinion pieces clearly, so as not to present personal viewpoints or analysis as fact.
Section 8. Government Non-Interference and FOIA Standards
- Prohibition on Government-Initiated Suits: Federal and state government entities are prohibited from initiating lawsuits under this Act; accountability is reserved exclusively for private individuals.
- Provision of Data: Upon request, government agencies must provide relevant information within the boundaries of the Freedom of Information Act (FOIA), with exemptions for matters affecting national security or protected by privacy laws.
Section 9. Effective Date
This Act shall take effect on [Effective Date] and will apply to all publications and broadcasts disseminated on or after this date.