The Commission's rule against broadcasting hoaxes can be found in Section 73.1217 of the Commission's rules, 47 C.F.R. § 73.1217. This rule prohibits broadcasters from airing false information about a crime or catastrophe if they know it is false and if it is likely to cause significant harm to the public. The harm must actually occur as a result of the broadcast. However, if a program is accompanied by a disclaimer that clearly states it is fictional and is presented in a reasonable manner, it will be assumed that it does not pose a foreseeable harm. According to this rule, "public harm" must happen immediately and directly cause damage to property, health, safety, or divert law enforcement and other public safety authorities from their duties. The harm will be considered foreseeable if the broadcaster could reasonably expect it to happen.
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