Unit 2 – Ethics & Law

Payola v Plugola - L Payola – Acceptance of money in return for playing songs Plugola – Free promotion of production or service in which the announcer directly benefits

Staged News - L Altering or falsifying events through staging or reenactments Journalists should observe, record, and report the news, not change, alter, manipulate or influence Don’t become part of the story

Hoaxes & Pranks – L Pranks are legal as long as they do not rise to hoax level Hoax – false information concerning a crime or catastrophe Any of the following: o Knows it is false o Could foresee broadcast would cause substantial harm o Broadcast did cause such harm

Payment for News Stories - E Could lead to bias and lack of objectivity Less concern over the issue than in the past

Political Coverage - E The trend is now towards partisan broadcasters Encouraged to stay objective, and focus on viewpoints/issues Keep the family out of it

Sports Coverage - E No different than news journalists Encouraged to remain neutral o Don’t serve as official scorer o Don’t write for team media guide o Don’t accept free tickets

Sensationalism - E Keep stories in perspective, and provide context Resist urge to focus on on violent or sexual elements of story Infotainment – merging of entertainment and information

Conflict of Interest - E Avoid being identified with a particular side of the story, avoid stories you are involved in

Privacy - L Obtain consent, avoid private spaces, use public property Should have permission to conduct phone interviews Public figures give up some of their privacy rights due to public trust 4 types of claims o Public Disclosure of Private and Embarrassing Facts – What you disclose o Intrusion – How you gathered it o False Light – Portraying something they are not o Misappropriation – Unauthorized use to promote sale

Libel & Slander - L Defamation is a false statement that damages the character or reputation of a person or a group of people o Spoken – Slander o Written – Libel Must be Published (Broadcasted) Must be false and clearly about the person who makes the claim Must show that statement has damaged reputation and was published due to negligence o Actual Malice

Contests & Lotteries - L Contests are legal, Lotteries are not Lottery if o Prize = Something of Valule o Consideration – Entry Fee o Chance – Randomly selected winner “No purchase necessary” is most common way to avoid lotteries May not broadcast information about lotteries o Except state-run and some charities

Protection of Sources - L Subpoena – Official order by the court for information or to testify Privacy Protection Act of 1980 – Prohibits federal and state searches of newsrooms and reporter’s homes in all but a few circumstances Shield Laws – Protect the reporter from having to divulge sources of information o DOES NOT INCLUDE FEDERAL CASES

Access to Government Info - L Freedom of Information Act – Established a procedure for obtaining government documents and restricts government from withholding information from the public

Fairness Doctrine - L Obligated stations to address “controversial issues of public importance” Eliminated in 1987 Stations still are required to offer free time for an individual to speak in his or her defense when they have been attacked on the air o Attack = Honesty, Integrity, or Character have been questioned o Interviews, On the Spot news, Newscasts are exempt o Editorials and documentaries are not

Section L Stations are required to provide equal opportunities to all political candidates o Non-Commercial stations are exempt except for federal candidates

Copyright - L Creative works are protected for 50 years and you must have permission to use them o Reproduction o Adaptation o Distribution o Public Performance o Public Display Generally material from a news source has already received clearance Exceptions o Public Domain – Older than 50 years o Fair Use – using material for only a very brief moment or educational purposes

Fair Use What is the purpose and character of the use? What is the nature of the copyright-protected work? How much of the original work is used? What is the effect of the use on the potential market value of the original work?

1 st Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” MEMORIZE THIS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Profanity - E Profanity – “so grossly offensive to members of the public who actually hear it as to amount to a nuisance” and is sexual or excretory in nature or derived from such terms Protected speech May be aired during Safe Harbor o 10:00pm to 6:00am

Indecency - E Indecent – “Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, and describes sexual or excretory organs or activities Protect Speech May be aired during Safe Harbor o 10:00pm to 6:00am

Obscenity - L 1 – An average person, applying to contemporary community standards, must find that the material, as a whole, appeals to the prurient interest 2 – the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law 3 – the material, taken as a whole, must lack serious literary, artistic, political, or scientific value

Obscenity Court Cases Miller v California (1973) o Defined obscenity in a three prong test Prurient Interest? Depiction of sexual conduct in an offensive way? Lack serious literary, artistic, political, or scientific value? FCC v Pacifica (1978) o “Recognized an interest in protecting minors from exposure to vulgar or offensive language”

First Principles The First Amendment affirms the freedom of the individual. Free expression is the foundation — the cornerstone — of democracy. The First Amendment tells the government to keep its “hands off” our religion, our ideas, our ability to express ourselves. Other people have rights, too. When rights collide, government must balance them. The First Amendment helps us make choices.

“No Law” Government can limit speech if it causes: Clear and Present Danger Fighting Words Libel and Slander Obscenity Conflict with Other Legitimate Social or Governmental Interests Time, Place, Manner

Student Speech Cases Tinker v Des Moines Independ. School District (1969) o Armband Case o Teachers/students don’t “Shed their constitutional rights to freedom of expression or speech at the schoolhouse gate” o Balancing test Unlawful speech (invade rights of others) Physically disruptive speech (create material and substantial) Hazelwood School District v Kuhlmeier (1988) o Difference between school sponsored and non-school sponsored speech o “Reasonably related to legitimate pedagogical concerns” (educational) Bethel School District No 403 v Fraser (1986) o Schools can censor speech that is vulgar or indecent o Even if it does not cause a material or substantial disruption

Public Forum Types Open Public Forum o Parks/street corners o Usually only time, place, and manner restrictions made Limited Public Forum o University, theatres, etc. o Can limit certain speakers, but must have compelling interest Closed Public Forum o Jail, military base o Cannot suppress a particular viewpoint