 TV: Legal & Ethical Considerations RTV 3007 Intro to Television

Name that Tune! 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.

Background on the First Amendment  The First provision of The Bill of Rights  Became part of the Constitution in 1791  Was not applied to the states until 1920s  Not all speech is protected by the First Amendment

Who Makes US Media Laws & Regulations  Local governments  State governments  Congress  FCC  FTC

Early Broadcast Regulation  Radio Act of 1927  Gave Federal Radio Commission the right to allocate radio licenses  Regulates radio as “public interest, convenience or necessity” required  Regulates both radio and TV  Communication Act of 1934  Created the FCC to replace the FRC  Set technical standards for radio, telephony and TV

Contemporary Broadcast Regulation  Telecommunications Act of 1996  Regulated media by content, not technical platform  Included Internet services in spectrum allocation  Greatly reduced cross-ownership restrictions  Eliminated cable “must-carry;” cable operators and broadcast TV networks must negotiate for channels

Cable TV Regulation  Local governments may regulate the cost and content of basic tier cable (but not higher tiers)  Cable companies must provide a way to “lock out” objectionable channels  Cable networks must provide ratings for their programs  TV-Y  TV-Y7  TV-G  TV-PG  TV-14  TV-MA

Cable TV Regulation  Cable networks are limited to 12 minutes of advertising per hour during programming targeted to children under 12 years of age  Cable system operators must provide Equal Access to all legally qualified political candidates running for office  Local governments may require cable companies to set aside some channels for Public, Education or Governmental use (PEG). Cable operators may not control the content of these channels.

The role of the courts  The courts apply and interpret the laws  The US Supreme Court is the court of final appeal  The Supreme Court’s role is often to interpret laws and regulations in terms of the Constitution

Chilling Effect  Laws, court rulings or FCC regulations that reduce protections for journalists and other media workers.  Called a chilling effect because it can suppress certain types of reporting because news agencies and production companies fear legal reprisals.

Prior Restraint  Prior restraint is an official restriction of speech prior to publication.  In 1976, the Supreme Court stated: prior restraints are "the most serious and the least tolerable infringement on First Amendment rights.”  However, the Court has held that there may be some circumstances in which the public good may justify prior restraint.

Media workers and the law  Defamation (Libel/Slander)  Invasion of Privacy  Trespass  Use of the Telephone  Obscenity  Copyright

Defamation (libel and slander)  Defamation is the use of factual information (as opposed to opinion) that holds someone in hatred or contempt, subjects the person to ridicule, or otherwise lowers esteem for the individual.  A defamatory statement can be the basis of a civil lawsuit brought by the person or group allegedly defamed.  Properties, businesses and institutions can be defamed. A corporation is considered a "person.”

Defamation  It is harder for public figures (celebrities, government officials, publicity hounds) to sue successfully for defamation than private individuals.

Defamation  Media lose between 70 to 80 percent of defamation suits that go to jury.  However, 70 to 80 percent of those verdicts are overturned on appeal.  Truth is an absolute defense against defamation

Defamation  Individuals seeking damages for defamation must show that, even if the information was false, the media showed a reckless disregard for the truth in publishing it.  Truth is an absolute defense against defamation. The general standard is that the information must be substantially true.

Defamation and Due Diligence  Media must show that they exercised due care in evaluating the truth of a potentially defamatory statement.  Media should consider the level of the public’s need to know before publishing defamatory material.  Beware of sources who may be motivated to cast an individual in a bad light.

Beware Generic Video  Beware of using video as an illustrative tool.  Many libel and invasion of privacy suits have stemmed from the use of generic video.

 Example 1: The camera pans over people on a crowded street corner as a voice- over says: “Is there a cure for herpes? Obviously not.” Beware Generic Video

 Example 2: The camera shows several young women walking along a street. The voice-over says: “This area is rife with prostitution.” Beware Generic Video

Invasion of Privacy  The courts have ruled that the 4th Amendment has an implied guarantee to privacy.  Right to Privacy includes “The right of the people to be secure in their persons, houses, papers and effects.”

Invasion of Privacy Invasion of privacy is any act of intrusion that occurs without an individual’s consent, including trespass and publication of embarrassing facts, even if true

Invasion of Privacy  Public figures (celebrities, government officials and others) have less protection against invasion of privacy than private individuals

Invasion of Privacy  Material that is already part of the public record, or activities that occurred in public are exempt from invasion of privacy protection.

Trespass  In the course of production, communication professionals may inadvertently trespass on private property  You should seek permission to enter most properties with recording equipment

Trespass  Restaurants and other merchants have a limited invitation to the public to enter their premises. This invitation does not extend to media organizations with equipment - you must get permission, or leave when asked to leave.  Organizations have sued the media for trespass instead of defamation when unflattering stories are published.

Trespass – Food Lion (1999)  ABC News did an undercover, hidden camera expose on unsanitary conditions at the Food Lion grocery chain.  Food Lion sued ABC for trespassing – for taking cameras onto their property without permission  A jury awarded Food Lion $5.5 million. The judge reduced the amount to $316,000. The award was later overturned by a US District Court of Appeals.  Media may be sued for trespass as an alternative to defamation when true but unflattering information is published.

Trespass – Technology & Privacy  New technology has increased the scope of what may be termed invasion of privacy.

Trespass – Technology & Privacy  Because of news helicopters, in many states property lines are considered to extend from the boundaries of the property to the heavens.  Hidden microphones, camera lenses with very long focal length, super- sensitive microphones may all contribute to trespass.

Use of the Telephone  The FCC says you must notify people if a telephone conversation is being recorded or being broadcast BEFORE the recording or broadcasting begins.  Exception: Cases where the telephone party may be presumed to be aware that they will be broadcast. Ex: Live call-in shows.

Use of the telephone  Florida and some other states require that all parties on a telephone call give their consent before a call may be recorded.

Indecency, Obscenity, Profanity  Indecency, Pornography and Obscenity all have various levels of restriction in their expression.  Indecency is difficult to define. Many indecency statutes have been struck down by the Supreme Court.  Pornography, or material aimed at sexual arousal, is traditionally limited to distribution channels accessed by adults.  Obscenity, defined as going beyond pornography, is not protected by the First Amendment.

Obscenity  To declare something obscene, all of the following must be true:  Would a typical person applying local standards see the material as appealing mainly for its sexually arousing effect?  Is the material devoid of serious literary, artistic, political or scientific value?  Is sexual activity depicted offensively, in a way that violates state law that explicitly defines offensiveness?

Copyright  Copyright protects the creators of intellectual property from having someone else profit by reproducing works without permission.  Copyright law protects a creative work for the lifetime of the author plus 70 years, after which the work enters the public domain, and is no longer copyrighted.  The following uses of copyright material fall under Fair Use and do not infringe copyright: criticism, comment, news reporting, teaching, scholarship, or research.