§ 202.1

Purpose and objective.

(a) This part establishes Department of Defense policies governing Armed Forces newspapers and civilian enterprise publications and assigns responsibilities and authorities related thereto.

(b) The primary function of Armed Forces newspapers and civilian enterprise publications, is to support DOD internal information programs and provide service and local news, and other information of concern and interest to DOD personnel (military and civilian), that is not readily available through nongovernmental media. Unified Command newspapers, news bulletins, and summaries

2 Filed as part of original document. Copies available at the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120.

(a) Availability of News and Information. The internal information policies of the Department of Defense require the conduct of activities in an open manner, consistent with the need for security. News and unclassified information not exempted by part 286 must be accessible to members of the Armed Forces. The DOD policy is that there shall be a free flow of news and information to all military personnel without censorship or news management. News or information which should adversely affect the security of our country, endanger the safety of personnel or undermine their discipline, shall not be disclosed. This shall not be construed to permit the calculating withholding of unfavorable

news.

(b) News Coverage and Content. News coverage and content in Armed Forces newspapers and civilian enterprise publications shall be factual and objective. Good taste shall prevail in the selection and handling of news. Morbid, sensational, or alarming details not essential to factual reporting should be avoided.

(1) Newspapers will distinguish between facts and opinion which may be a part of a news story. When an opinion is expressed the person or source will be identified.

(2) News content shall be based on releases, reports, and materials provided by (1) commercial newsgathering agencies where authority exists to use such service; (ii) Office of the Secretary of Defense, military department, Joint Chiefs of Staff or command sources; and (iii) members of the staffs of individual service newspapers.

(3) Syndicated columns and editorial cartoons may be carried by overseas Unified Command newspapers if opposing views or opinions are balanced. A balanced representation of news or opin

ions shall appear in the same issue and same page, whenever possible, but in any case, over a reasonable time period. Selection of syndicated columns and editorial cartoons will be made by a committee appointed by the Unified Commander. The committee will review the balance of such features at least semiannually.

(c) Political coverage-(1) Overseas Unified Command newspapers and news bulletins and news summaries which normally carry national and world news may include coverage of U.S. political campaign news from commercial news sources authorized in (b) (2) of this section, subject to the consideration that dissemination of such political compaign news will be made on a well-balanced, impartial, and nonpartisan basis.

(2) Other Armed Forces newspapers and all civilian enterprise publications may not contain any campaign news, or editorials (staff written or obtained from any other source) dealing with candidates or issue. If civilian enterprise publications carry paid political advertisements, equal opportunity must be afforded to all opposing parties or candidates.

(d) Polls, surveys and straw votes. Armed Forces newspapers and civilian enterprise newspapers will adhere to the provisions of part 64 pertaining to polls, surveys, and straw votes as supplemented in § 202.8.

(e) Voting assistance. Armed Forces newspapers will carry information during election years supporting the voting assistance program. Such information is designed to encourage DOD personnel to register as voters and to exercise their right to vote (see 5 CFR 1602 and § 202.8 of this part).

§ 202.4

Authorities and responsibilities.

(a) Armed Forces newspapers. (1) All DOD components are authorized to establish and maintain Armed Forces newspapers as defined in § 202.7 in support of their respective internal information program for the information and morale of their personnel.

(2) When, in the opinion of the Unified Commander overseas, existing commercial news media do not provide access to news available to citizens in the United States, or do not give adequate coverage to service news, the publication of a Unified Command newspaper is authorized, subject to the approval of the Secretary of Defense.

(i) The Commander of an overseas Unified Command is responsible for the publication of a Unified Command newspaper. In carrying out this responsibility he provides policy and administrative support as required. He is authorized to delegate to one of his major commands, administrative support or both internal policy guidance and administrative support for the publication of a Unified Command newspaper.

(ii) The Unified Commander shall select and appoint the editor in chief and the assistant editor in chief of the Unified Command newspaper who shall be military officers.

(b) Civilian enterprise publications. (1) Heads of DOD components may authorize their commands or activities to enter into contracts for civilian enterprise publications, for the dissemination of service news, only when the resources of subordinate commands or activities preclude the publication of Armed Forces newspapers; and will provide for appropriate review of such publications within their respective departments or agencies.

(2) A military command or activity will be limited to one civilian enterprise publication in each category as defined in enclosure 2, except that a civilian enterprise newspaper may carry as an insert or separate inserts a civilian enterprise comic and/or feature supplements.

(3) Civilian enterprise newspapers are intended to serve the interest of a specific military organization or installation. Their content should reflect the aim and purpose of the internal information program of the commander concerned.

(4) The commander responsible for the contract with a civilian enterprise publisher, does not exercise control over the overall operations of the newspaper.

(5) A commander, or his designee, may provide editorial materials and photographs for publication in a civilian enterprise publication. Military and DOD civilian personnel may not be assigned to duty at the premises of the publication or perform any function that is under the direction or supervision of the civilian enterprise publisher or any of his officials or employees.

(6) The commander has the authority and responsibility to prohibit the distribution within his command of any issue of the newspaper he considers to be unlawful or prejudicial to good order or discipline. He also has the authority and responsibility to prohibit the distribution

publishers under contract with Department of Defense activities, and intended for Department of Defense military and civilian personnel. There are three autrorized categories of civilian enterprise publications:

(1) Civilian enterprise newspaper. A newspaper intended for distribution within a specific command or activity.

(2) Civilian enterprise supplement. Comic strips, cartoons, and/or features intended for distribution to military personnel.

(3) Civilian enterprise guide or directory. An unofficial publication intended as a handbook of information about a specific locality or geographical area which contains a military activity.

§ 202.8 Surveys and voting assistance.

(a) Polls, surveys, and straw votes. (1) The provisions in § 203.3 (d) should not be construed to include polls authorized by commands on matters of local interest (1.e., soldier of the week, favorite command athlete).

(2) No Armed Forces newspaper or civilian enterprise publication will conduct a poll, survey, or straw vote relating to a political campaign.

(b) Federal voting assistance. (1) During election years, Armed Forces newspapers should also carry factual information about registration and voting laws, especially those on absentee voting requirements of the various States, the District of Columbia, Puerto Rico, and U.S. possessions. Armed Forces newspapers and civilian enterprise publications will use voting materials provided by the Office of the Assistant Secretary of Defense (Manpower and Reserve Affairs) and military departments.

(2) Civilian enterprise publications should be encouraged to give full coverage to the Federal voting assistance program. Information officers should give every assistance to these publications in publicizing the program.

§ 202.9 Advertising.

Nothing in § 202.5 (b) should be construed as prohibiting:

(a) Free and noncommercial listing of personal property or service offered by and to command or activity personnel.

(b) Publicity in Stars and Stripes regarding books, magazines, and other commercial publications available on its newsstands.

(1) Such publicity must be limited to listing of the publications by name and

author or the moderate use of displays limited to photo of cover, title, author, and price of such publications;

(2) The masthead must contain the following statement:

"The appearance of displays in this newspaper concerning commercial publications does not constitute an endorsement by the Department of Defense, including the Military Departments."

(c) Factual news stories in Stars and Stripes concerning special commercial tours or entertainment opportunities for DOD personnel and their dependents approved by major commanders.

(d) News and announcements in the Armed Forces newspapers concerning entertainment units affiliated with commercial enterprises and which have been approved under DOD Instruction 1330.13, "Armed Forces Professional Entertainment Program Overseas," March 25, 1970.1 Such news items should not be set apart, nor be in a format similar to paid advertisements.

(e) Book reviews if written objectively so there is no implication of endorsement by the Department of Defense, including the military departments or any of their elements.

(a) Banners of Unified Command newspapers will contain in uppercase the following statement: "AUTHORIZED, UNOFFICIAL PUBLICATION FOR THE U.S. ARMED FORCES." The masthead will contain the following statement: "This newspaper is an authorized unofficial publication for U.S. Armed Forces overseas. (Name of paper) is published in conjunction with the Armed Forces information program of the Department of Defense. Contents of (name of paper) are not necessarily the official view of the U.S. Government, the Department of Defense or the (name of Unified Command)."

(b) When a Unified Commander has delegated all, or part, of his authorities and responsibilities with respect to a Unified Command newspaper to one or more of his component commands to fund for the newspaper, insofar as it involves the use of appropriated funds, it is to be accomplished in accordance with §§ 202.6(a) and 202.14.

(c) Subject to the direction of the secretary of military department concerned, commanders will provide for internal policy guidance, administrative

support, and funding for Armed Forces newspapers other than a Unified Command newspaper within their jurisdiction.

§ 202.11

Making contracts for civilian enterprise publications.

(a) When contracts for civilian enterprise publications are made, the following policies will be observed:

(1) All news or information of the Armed Forces made available to a civilian enterprise publication will be made available equally to any other publisher who requests it.

(2) Military personnel on active duty, or civilian personnel of the Department of Defense, may not serve on the editorial staff of a civilian enterprise publication or authorize their names to be carried on the masthead thereof. Subject to DOD Directive 5230.9, "Clearance of Department of Defense Public Information," December 24, 1966,1 and the approval of the appropriate military command of an installation, military and civilian personnel may contribute articles or military photos, with bylines, to civilian enterprise publications without

reimbursements.

(3) A civilian enterprise publication must avoid any statement that is an authorized Armed Forces publication. The use of official seals, insignia, or emblems is prohibited. The name of an Armed Forces installation or activity may not be used in the dateline within the newspaper's banner or folio, except that such datelines may carry the following statement: "Published in the interest of personnel of (name and location of installation or activity)."

(4) Civilian enterprise publications shall have printed in type no smaller than 8-point bold, if available, but in any case no smaller than that carried in the body type, on the front page or cover of each copy. "Published by (name of publishing company), a private firm in no way connected with (appropriate military department or defense agency). Opinions expressed by the publishers or writers herein, are their own and are not to be considered an official expression of (appropriate military department or defense agency). The appearance of advertisements in this publication, to include inserts, does not constitute an endorsement by the (appropriate military department or defense

1 See footnote on p. 438.

agency) of the products or services advertised."

(b) Contracting for a civilian enterprise publication.

(1) In selecting a civilian enterprise publication for distribution, fair and equal opportunity will be afforded any responsible bidder who may wish to submit a proposal to publish such a publication.

(2) Invited proposals for publishing a civilian enterprise publication may specify within the guidelines outlined in § 202.3 those categories of news, comics, features, and factual information to be carried. Written contracts will be established by the commander in authorizing a civilian publisher to distribute his civilian enterprise publication on the military installation.

(3) In entering into a contract with a civilian enterprise publisher, the contracting officer will consider the best obtainable offer and the price per copy of his newspaper, if any. The military departments and defense agencies concerned will take necessary precautions to assure the competence, reliability, and responsibility of the prospective publisher before contracts are signed.

(4) The contract for a civilian enterprise publication will be for a period not in excess of 2 years.

(5) A separate contract is not required for a civilian enterprise comic and/or feature supplement intended for distribution with a civilian enterprise newspaper, provided that the contract with the newspaper publisher stipulates that any such supplement(s) will have the prior approval of the commander.

(c) Advertising in civilian enterprise publications.

(1) The publisher of a civilian enterprise publication will place his readers and advertisers on notice of the requirements set forth in § 202.5 (b) (2) by prominently displaying in an appropriate location in the publication the following statement:

Everything advertised in this publication must be made available for purchase, use or, patronage without regard to race, creed, color, national origin or sex of the purchaser, user, or patron. A confirmed violation or rejection of this policy of equal opportunities by an advertiser will result in the refusal to print advertising from that source.

(2) It is the responsibility of the installation commander to insure an environment conducive to the successful performance of his mission, and the ef