FTC Cautions Apple Over Alleged Consumer Law Violations

The Federal Trade Commission (FTC) issued a strong warning to Apple on Wednesday, suggesting that the company may be breaching consumer protection laws by potentially censoring right-leaning news outlets on its news app.

Andrew Ferguson, the FTC Chairman, directed a letter to Apple CEO Tim Cook shortly after The Post revealed findings from an investigation indicating bias against conservative media in the Apple News app. The news caught the attention of former President Trump, who shared the report on his Truth Social account.

An analysis conducted by the Media Research Center, a conservative watchdog group, examined 620 articles featured by Apple’s editorial team in January and noted that not one of them came from a right-leaning publication.

Ferguson expressed serious concerns in his letter, stating, “These reports raise serious questions about whether Apple News is acting in accordance with its terms of service and representations to consumers.” He urged Cook to undertake a thorough review of Apple’s Terms of Service to ensure compliance and to prompt any necessary corrective measures.

The FTC highlighted Apple’s obligations under Section 5 of the FTC Act, which prohibits unfair or deceptive acts, including material misrepresentations.

“Even though the First Amendment safeguards the speech of Big Tech companies,” Ferguson articulated, “it doesn’t protect them from misleading consumers or unfair practices.” This distinction reinforces that speech doesn’t exempt companies from legal accountability, even in contentious contexts.

The analysis by MRC was based on classifications from AllSides, which employs a bipartisan expert panel to evaluate media bias, alongside surveys of everyday Americans to gauge perceptions of bias.

Last February, Ferguson began an investigation focused on tech industry censorship, aiming to “better understand how these companies broke the law by silencing and intimidating Americans.” He asserted that practices by Apple News that favor or suppress articles based on ideological bias could violate the FTC Act if inconsistent with Apple’s terms or consumer expectations.

Commenting on the situation, Ferguson expressed his disdain for attempts to censor content for ideological reasons, whether motivated by pressure from activists, foreign governments, or to push Silicon Valley’s political views. He called such actions detrimental to the free exchange of ideas and contrary to American values.

Apple has yet to provide a response to The Post’s requests for comments.

The study conducted by the MRC detailed that, of the 620 articles highlighted by Apple News, a staggering 440 originated from sources identified as left-leaning, while 180 were from centrist outlets.

Apple News, which the company promotes as the leading news app in the nation, features a mix of curated content selected by editors and articles generated through algorithms. In January alone, Apple News showcased 72 articles from The Washington Post, 54 from Associated Press, 50 from NBC News, 34 from The Guardian, and 25 from NPR. Notably, it featured just 54 articles from the Wall Street Journal, categorized as centrist, and none from The Post or Fox News.

An Apple spokesperson responded to the MRC’s findings, asserting that the News app offers access to diverse news from over 3,000 publications, including numerous prominent sources. The spokesperson emphasized that users have the ability to tailor their app experience by following or blocking specific publications and topics.