Independence of Stars and Stripes
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(a) Purpose The purpose of this section is to codify the requirements related to the editorial independence of Stars and Stripes provided for in section 4.2 of Department of Defense Directive (DODD) 5122.11, dated October 11, 1993, and section 246.4(b) of title 32, Code of Federal Regulations. (b) Editorial independence requirement (1) In general The Secretary of Defense shall ensure that— (A) editorial policies and practices of Stars and Stripes are in accordance with journalistic standards governing United States news media of the highest quality, with emphasis on matters of interest to the Stars and Stripes readership; (B) Stars and Stripes’ editorial operations are independent of the military chain of command, military public affairs activities, or other external influences, and without censorship or propaganda; (C) the Stars and Stripes publisher remains a civilian government employee with independent professional news media experience, who manages and controls the day-to-day business and financial, operational, and administrative activities, and provides editorial oversight of Stars and Stripes; (D) Stars and Stripes’ reporters with access to Department of Defense installations are authorized to cover events or activities open to those with installation access, even though commercial news media may not have the same unescorted access; (E) Stars and Stripes is a digital-first news organization, but is also published in a print newspaper edition at a frequency and distribution determined by the publisher to best serve its readership; and (F) except as provided in paragraph (3), Stars and Stripes provides a free flow of news and information to its readership without news management or censorship from the Secretary of Defense or the Department of Defense. (2) Prohibition on withholding of unfavorable news The calculated withholding from publication in Stars and Stripes of news unfavorable to the Department of Defense, the military services, or the United States Government is prohibited. (3) Exceptions (A) In general Notwithstanding the requirement under paragraph (1), Stars and Stripes shall not publish original staff-produced news stories based upon classified information or publish information that clearly endangers the lives of United States personnel or would adversely affect national security. (B) Limitation The exceptions under subparagraph (A) may not be construed to permit the calculated withholding of news unfavorable to the Department of Defense, the military services, or the United States Government. Any security risk information shall not be withheld without concurrence from both the Stars and Stripes publisher and the relevant combatant commander. (4) Stars and Stripes personnel The exclusion of civilian candidates for consideration for officer, journalist, or other Stars and Stripes staff positions is prohibited. (c) News contracting Stars and Stripes shall not be prohibited from purchasing, contracting for, or publishing news stories, features, syndicated columns, comic strips, and editorial cartoons from commercial news media services or sources.