Rules and Regulations Chapter 10 RTV 1

Government Regulation History 1910 – Wireless Ship Act – Large passenger ships must have wireless broadcast equipment for safety reasons 1912 – Radio Act of 1912 – Spawned by sinking of Titanic – License required to broadcast – Designated call letters for licensed broadcasters – Assigned frequencies

Government Regulation History Radio Act of 1927 – Public owns the electromagnetic spectrum – Radio should operate in the “public interest” – No censorship of programs by government – Creation of Federal Radio Commission (FRC) [precursor to the FCC] in order to regulate the airwaves

Government Regulation History Communications Act of 1934 – Morphed the FRC into the FCC (Federal Communications Commission) – Power of FCC broadened to regulate all wireless communications (except military and gov’t use) – Users of spectrum must be licensed – Candidates for public office must be given access to facilities – No censorship of content

Cable Regulation Initially, FCC refused to regulate it (since it does not use “public airwaves”) In the 1960s, FCC begins to regulate 1970s, cable companies become strong force Cable is mostly regulated at the local level by city council/government Cable Communications Policy of 1984 – cable systems free to set their own rates

Cable Deregulation Opposite of regulation = Deregulation (less rules by government) 1980s-90s = strong time of deregulation License renewals made easier Telecommunications Act of 1996 – MAJOR impact on broadcasting (includes deregulation of many areas)

Telecommunications Act of 1996 Significantly eased ownership restrictions of broadcast properties TV ownership rules relaxed – Company may own as many TV stations as they want (as long as it does not exceed 35-39% ___?of nation’s TV homes) License renewal every 8 years Cable and Phone companies can enter into the other Every TV sold must have V-Chip (allowing parents to block access to mature content)

Who are the regulatory forces? 1.FCC 2.Congress 3.Courts 4.White House 5.Industry Lobbyists 6.Public 7.State/Local Governments 8.“The Marketplace”

The FCC Six bureaus: 1. Consumer and Government Affairs Deals with consumers Coordinates policy 2. Enforcement Bureau Enforces policies 3. International Deals with global issues

The FCC 4. Wireless Telecommunications Regulates cellular, pages, etc. 5. Wireless Competition Regulates phone companies 6. Media Most relevant to broadcasting/cable Oversees radio, TV, cable, and satellite

FCC: Licensing Approves applications for new stations Reviews license renewal applications Radio/TV stations must renew every 8 years FCC determines if a station has operated in the public interest

Chapter 10 FCC: Licensing To qualify for a license, you must: 1.Be a U.S. citizen or company that is free from significant foreign control 2.Meet certain character qualifications 3.Demonstrate financial ability to operate

FCC: Licensing When there are competing applicants for a license renewal, the existing licensed station usually has priority – This is known as renewal expectancy

FCC: Licensing Licenses are denied when: 1.You lie to the FCC 2.Programming is in violation of the rules 3.You are not serving the public interest

FCC: Enforcement If a station violates a rule, the FCC enforces the regulations in several ways: 1.Letter of reprimand 2.Cease-and-desist letter 3.Revoke a license (This is rare, but it has happened) 4.Fine (up to $25,000/day or $250,000 max per infraction) Example: Infinity Broadcasting fined $2 million for “obscenity” on Howard Stern program

Copyright Laws Copyright laws aim to protect the “intellectual property” of owner/creator Covers music, motion pictures, TV shows, art, etc. Copyright protection lasts for the life of the author PLUS 70 years Copyrights should be registered with the Copyright Office in Washington, D.C. 8&ei=6VXjSbaaHaXmtgPzrom3CQ&sa=X&oi=video_result_group&resnum=4&ct=title#

Obscenity, Indecency, and Profanity Section 1464 of the U.S. Criminal Code states that anybody who utters profane, indecent, or obscene language over radio or TV is liable to fine or imprisonment If guilty, you may face fine up to $10,000, fine, and or loss of license, or jail However, defining violations is very tricky in this day and age

Obscenity, Indecency, and Profanity The challenges of prosecution: – FCC is prohibited from censoring content

Obscenity, Indecency, and Profanity Obscenity has been defined by a 1973 Supreme Court case Miller v. California – To be obscene, a program must: Contain material that depicts or describes a patently offensive way certain sexual acts defined in state law Appeal to the prurient interest of the average person applying contemporary local community standards Lack serious artistic, literary, political, or scientific value.

Obscenity, Indecency, and Profanity Indecency Defined – Something broadcast is indecent if it depicts or describes sexual or excretory activities or organs in a fashion that’s patently offensive according to contemporary community standards for the broadcast media at a time of day when there is a reasonable risk that children may be in the audience

Seven Dirty Words George Carlin comedy routine about the “seven dirty words that you can’t say on the public airwaves” Played on WBAI radio during daytime Spawned one complaint to FCC Case made it to the Supreme Court (ruled against station)

Indecency and Cable/Internet Cable TV can get away with much more because it is not using the public airwaves and generally people can choose to subscribe or not Communications Decency Act of 1996 – it is a crime to transmit indecent/obscene material over the Internet to anyone under 18 – Challenged in Supreme Court as a violation of the First Amendment’s guarantee of free speech – Instead of relying on laws, consumers have option of using filtering technologies (i.e. NetNanny) to protect their kids – In 1997, in the landmark cyberlaw case of ACLU v. Reno, the U.S. Supreme Court partially overturned the law.

The Law and Broadcast Journalism Laws specific to broadcast journalism Areas covered: – Defamation – Privacy – Protection of confidential sources – Use of cameras/mics in courtroom

Defamation A defamatory statement injures the good name of an individual/company and lowers their standing in the community Press can not act in an irresponsible and malicious manner Two kinds of defamation 1.Libel 2.Slander

Defamation Slander – Spoken word defamation Libel – Defamation in a tangible medium (broadcast, print) – To prove libel, you must show that: Harm was caused The story was published or broadcast The person/company was identified by name The media was at fault or error The broadcast/published facts must be false

Invasion of Privacy Individuals have a right to be left alone or subjected to intrusive publicity Right to privacy is NOT in the constitution It protects against: – Unwarranted publication of private facts – Intrusion upon one’s seclusion/solitude – Publicity that creates false impression – Unauthorized commercial exploitation of your likeness

Protecting Sources There is an ongoing legal debate about whether reporters have the right to protect their sources In order for the gov’t to demand your source, it must prove: – That the journalist has information that bears directly on the case – That the evidence cannot be obtained from any other sources – That the evidence is crucial in the determination of the case.

Regulating Advertising The Federal Trade Commission (FTC) regulates advertising to protect us from false/deceptive ads FTC set up in 1914 to regulate fairness in business – Expanded in 1938 to regulate advertising

Federal Trade Commission If the FTC finds a violation it may issue a: – Consent decree Advertiser agrees to pull ad without admission of guilt – Cease-and-desist order Advertiser ordered to remove ad and may be fined

RTV 001 Introduction to Broadcasting Chapter 11

Chapter 11 Self-Regulation & Ethics Broadcasting Self-Regulation Codes - are written statements of principle that guide general behavior of those working in a profession. NAB Code RTNDA (Radio and Television News Directors) Code business-and-other-rules-of-macneillehrer-journalism.html business-and-other-rules-of-macneillehrer-journalism.html

Chapter 11 Self-Regulation & Ethics JIM LEHRER - guidelines MacNeil/Lehrer (PBS) journalism: Do nothing I cannot defend. Cover, write and present every story with the care I would want if the story were about me. Assume there is at least one other side or version to every story.

Chapter 11 Self-Regulation & Ethics JIM LEHRER: Assume the viewer is as smart and as caring and as good a person as I am. Assume the same about all people on whom I report. Assume personal lives are a private matter, until a legitimate turn in the story absolutely mandates otherwise.

Chapter 11 Self-Regulation & Ethics JIM LEHRER: Carefully separate opinion and analysis from straight news stories, and clearly label everything. Do not use anonymous sources or blind quotes, except on rare and monumental occasions. No one should ever be allowed to attack another anonymously. And, finally, I am not in the entertainment business.

Chapter 11 Self-Regulation & Ethics Departments of Standards & Practices The major broadcast and cable networks maintain staffs to make sure that their commercials and programs do not offend advertisers, affiliated stations and cable systems, audience members, and the FCC.

Chapter 11 Self-Regulation & Ethics Ethics - The rules or standards governing the conduct of a person or the members of a profession.