Chapter 14: Media Policy, Law, and Ethics

Terms  Policy: structures regulation  Law: binding rules of state  Standards: technical issues

Key communications policies  Freedom of speech and the First Amendment –Protecting political speech –Alien and Sedition Act

Limits on the First Amendment  Defamation  Fairness Doctrine  Obscenity  Pacifica decision / Safe harbor  Commercial speech: FTC

7 Dirty Words – Miller vs. California

Free speech and the Internet  History of the Communications Decency Act –Time magazine story –Challenged and overturn of key provisions –Self-regulation

TV & Film – Violence and the V-Chip  MPAA film rating system –Voluntary, self-regulation  Television ratings  TCA96 V-Chip provision –Parental controls v. State controls –Not much used

The Fourth Amendment and privacy  Threats from public sources –Initial fears of “big brother”  Threats from private sources –May be more significant today –US & European differences

Patent and Copyright law: Protecting intellectual property  Ownership issues –Abuse of market power –Sherman Antitrust Act of 1890

Ownership and diversity  Diversity of ownership  Diversity of content  What is the relationship?

Concentration of ownership  Vertical integration  Horizontal integration  Cross-ownership

Integration Musicians Record Label CD Manufacture Record Club Rec. Stores Authors Publisher Printer Trucking Bookstores Actors Studios Film/Video Manufacture Theaters Video Stores Music Books Film

Spectrum Management  Frequency allocation  Public interest –Localism –Scarcity argument  ITU  Digitization changing scarcity?

Technical Standards  Standards bodies  International regulations and standards –ITU  ICANN –DNS  Company standards –Proprietary  Windows –Open  Linux

The policymaking process Federal regulation and policymaking  FCC  Department of Commerce –NTIA

Federal regulation and policymaking, continued  FTC  Justice  The Courts  The Congress

State and local regulation  PUCs  Municipalities

Lobbies  Political Action Committees –National Association of Broadcasters –MPAA  Internecine Regulation  Industry Capture

Access to Media and Universal Service  Basic telecommunications services –Phone, 911  Which new media deserve universal service requirements? –Internet & TCA96

The Fifth Estate: The media in the policy process  Media reporting of the policymaking process  Tracking perceived biases in media

Ethics in communications media  General considerations in individual ethics –Aristotle –Kant –Situation Ethics –JS Mill  Codes of ethics

Ethical issues for media professionals  Accuracy of information  Responsibility and fairness  Confidentiality  Source attribution  Leaks  Privacy –Linda Tripp