Media Ethics/Media Law/Consolidation A survey in 2005 shows 1/3 high school students thinks the press should be more restricted. 36% think newspapers should get govt. approval of stories before publishing. 32% think the press enjoys too much freedom. 74% think people should not be able to burn the U.S. flag; 75% think it is illegal to burn the U.S. flag. Students who take part in media-related activities in high school are more likely to support freedom of expression and unpopular views. Eroding the appreciation of the First Amendment?

The First Amendment The argument has raged ever since on defining LIMITS to each of these five things. Sedition Acts used to make it illegal to criticize the govt. (1798 and 1918) “Shouting Fire in a Crowded Theater”—Freedom of Speech Does not Protect you (1919). Smith Act—Illegal to advocate the overthrow of the U.S. govt. (later softened: Clear and Present Danger).

The First Amendment Religion Freedom of speech Press Right of people to peacefully assemble Petition the govt.

Regulating Broadcasting Broadcasting was subject to far more regulation than print media: spectrum scarcity. Equal Opportunity Rule: Candidates can buy time on a station that do not support them. Fairness Doctrine: (1949 to 1987): required broadcasters to provide airtime to the discussion of important issues and to ensure that all viewpoints were discussed. These were actual restrictions on the content of the media. Ownership limitations: Early regulations were established to keep broadcasters from becoming too powerful. For example, no affiliate could be forced to air a network program. NBC was broken up in two companies (creating ABC).

Obscenity and Pornography Obscenity is not protected speech: sex and obscenity are not synonymous. The issue is what is offense for one person is not for another. Pornography IS protected expression. Sexually explicit content is legal and protected until a court rules it obscene and not protected. Janet Jackson’s Super Bowl incident “Saving Private Ryan”. Both events generated complaints to the FCC, although with the Janet Jackson incident, 99.9% originated with the Christian Parents Television Council.

Indecency The FCC rules that indecency is sexual or excretory activity that would be offensive to contemporary community standards. Stations often use “safe harbor” times (between 10 PM and 6 AM) to show more adult-oriented material).

Deregulation Started in the 1980’s. Telecommunications Act of 1996: allowed cable TV, long- distance carriers, local telephone companies, information services, and Internet services to merge at will. Media conglomerates became bigger. Deregulation did not extend to obscenity and indecency (applies to broadcast) laws. Indecency is permitted by the FCC but is restricted to times when children are usually not watching or listening.

Current Trends in Media Law Globalization Media conglomerates, with offices and business dealings around the world, need to keep up with the media laws of many countries, some of which are much more restrictive than the U.S. Large legal settlements encourage concentration of ownership ( a small town newspaper could not protect itself in a lawsuit but could if it was part of a larger chain). Media law attempts to keep up with current technology: laws need to be written for crimes that did not exist: hacking and fraud for example.

Protection of Rights Private Facts: Protects against the disclosure of embarrassing, sensitive personal information that is not essential to a news story (most people who sue actually lose private facts cases). Intrusion: protects people from having the press gain unauthorized entry where privacy is expected. Appropriation: you own the name to your name and image. Defamation: slander (someone injuries your reputation through speech) or libel (broadcast or published).

Four protections against libel: TRUTH The Times Rule: makes it difficult for a public figure to sue. Must show actual malice (reckless disregard for the truth). Privilege: officials speaking in an official capacity are usually protected. Fair Comment: an honest opinion or criticism like a movie or book review. Juries usually side with the plaintiff against the media (average award is more than $1 million) but 70% of cases are overturned on appeal. The Chilling Effect: the threat of libel influences the media because they may self-sensor. The average cost of a suit, even if it doesn’t go to trial, is $100,000.

Intellectual Property Rights Copyright Law: grants the author the right to make and distribute copies of that work for a specified period of time. After 1978 it is the life of the author plus 70 years. Fair Use: an exception to Copyright. Allows the copying of a work for noncommercial use as long as it does not interfere with sales. Trademarks: any word, symbol, or device that identifies one seller’s goods and distinguishes them from another. They can become lost if they become generic terms. Patent: exclusive commercial exploitation of an invention: 17 years.

News Gathering Rights Sunshine Laws: ensures public meetings are held in the open and reporters are allowed to attend. Freedom of Information Act: passed in Ensures open documents. Shield Laws: designed to ensure confidentiality of news sources. How far should reporters go in protecting a source’s confidentiality?

Conflicting Interests The media individual’s moral conscience. Should a reporter reveal a conflict of interest with a story? The person or group likely to be affected the media’s actions. The interests of the ownership group that pays the media companies bills. The interests of the media company itself. The interests of the media profession. The interests to society and to social responsibility. What happens when a story conflicts with the ownership’s profit levels?

Controversies Censorship: where you do stop and start? Is any type of censorship good in an open society? There are different levels of protected speech: Political Speech Artistic Speech Commercial Speech Indecent Speech