Ethics & Media Guidelines AP GoPo

Government Regulations In many countries the government controls media content & owns the largest media outlets US does not, but it does regulate content & ownership Which system is better?

Print Media Free from government interference 1st Amendment Prior restraint 1931 Near v. Minnesota An effort by a government agency to block the publication of material it deems libelous or harmful in some other way: censorship In the US, the courts forbid prior restraint except under extraordinary circumstances

New York Times v. United States Pentagon Papers case Government can’t block publication of secret defense documents even if they’re obtained illegally No restraint from publishing information doesn’t mean publication doesn’t have consequences Sanctions can be applied after the fact

New York Times v. Sullivan Libel: Provides that newspapers that print false and malicious stories can be compelled to pay damages to those they defame 1964: New York Times v. Sullivan Supreme Court ruled that “to be deemed libelous, a story about a public official not only had to be untrue, but also had to result from “actual malice” or “reckless disregard” for the truth Nearly impossible to prove

Masson v. New Yorker Magazine Affirmed Court opinion (ruling) “Fabricated quotations attributed to a public figure were libelous only if the fabricated account “materially changed” the meaning of what the person said Individual privacy Your name & picture can be printed without your consent if they are part of a news story of public interest

Broadcast Media Also protected by 1st Amendment, but regulated by the FCC (est. 1934) Radio & TV station have to renew their FCC licenses every 5 years Keeps frequencies from interfering with each other

Obscenity Regulations FCC regulates obscene, indecent, & profane material Tries to keep situations from broadcasting “explicit sexual & excretory” references between 6am and 10pm Why? Not super strict about enforcing these regulations

Howard Stern Since 1990 ½ of the $5 million in fines the FCC levied involved Howard Stern ’04 Stern was dropped by Clear Channel (went to Satellite) Stern stated that he felt he was unfairly censored because he was openly critical of President Bush Other examples of radio broadcasts being censored??

1996 Telecommunications Act Effort to do away with most of the FCC regulations from 1934 Loosened restriction on ownership Allowed phone, cable, & broadcasters to compete for telecommunication services Also tried to regulate material on the Internet Communications Indecency Acttried to restrict sexual material from being accessed by those under 18 Ruled unconstitutional

Impact on Politics Government using licensing to impose regulations that affect political content on TV and radio Equal Time Rule: The requirement that broadcasters provide candidates for the same political office equal opportunity to communicate their messages to the public Right of Rebuttal: An FCC regulation giving individuals the right to have the opportunity to respond to personal attacks on radio or TV Fairness Doctrine: An FCC requirement that broadcasters that air programs on controversial issues provide time for opposing views Killed by Regan admin.

Internet Major Challenges: 1. Protecting intellectual property (A & M Records v. Napster) 2. Setting standards to create a rational system of domains & websites World Wide Web Consortiumform of self regulation Less government, more community

Journalistic Standards http://www.spj.org/ethicscode.asp