Broadcasting & Cable Communications: Greatly different from Print Media because of statutes & regulations.

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Presentation transcript:

Broadcasting & Cable Communications: Greatly different from Print Media because of statutes & regulations.

Why Broadcasting Statutes: b Scarcity, thereby a “public trust”; b Everywhere -- ubiquitous; b Greater impact (effect).

Programming Regulations, 1934 Communications Act: b Sec. 312 : Broadcast stations must provide reasonable access or permit purchase of a reasonable amount of time for Federal candidates; b Sec. 315: Equal opportunities, if one candidate, then all legally qualified candidates.

Exceptions to Sec. 315: b Newscasts; b News Interview Programs; b News Documentaries; b Live, on-the-spot coverage of news events, including debates.

HOW LEGALLY CONTENT IS CONTROLLED: b By F.C.C. b By Statutes; b As a Result of Court Rulings.

TYPES OF CONTENT CONTROLS: b Require particular content; b Prohibit certain kinds of content; b Limit indecency.

Indecency: b Explicitness or graphic nature of depiction of sexual or excretory organs or activities; b Whether materials dwelt on or repeated at length such sexual depictions; b Content itself or whether the depiction appears to pander or titillate or is presented for shock value.

More Content Controls: b Limit Amount of Commercial Speech; b No Advertising of Tobacco Products; b Restrict Hoaxes; b Cautions about Frightful Programming; b Prohibit Fraud & Payola; b Limit Time, “Safe Harbor,” 6 a.m.-10p.m..

HOW ENFORCE RULES: b FINES; b Lose License.

FCC REGULATIONS CANNOT: b Require “TRUTH” in the news; b Investigate a broadcaster’s news judgment; b Determine formats.

To Receive a License (8 years): b U.S. Citizen; b Must have good character; b Must have access to technical expertise; b Must demonstrate sufficient financial backing; b Must meet or have a plan to meet FCC equal employment opportunity rules; b Must show an awareness of the community’s programming needs & interests.

Current: Limitations on number of stations; other media outlets that a single owner can control. Recent: Fox Television Stations, et al. v. F.C.C. case would change the broadcast ownership rules.

CABLE & BROADCAST LAW LIKENESSES: b Have similar content; b Viewers see broadcast station & network programming; b Can produce & carry original programs; b Operate under same broadcast rules if produce programming.

Differences in Cable: b Transmits through some device; b Serves mostly as a transmitter; b Chooses which networks to carry;

Major Issues with Cable Regulations: b Must Carry Rules; b Indecency; b Public Access.

Free Expression in U.S. Media Least Greatest Broadcasting Internet x x x x x x x x Cable Print Cable Print