1. Ethics & Media Guidelines
AP GoPo

2. Government Regulations
In many countries the government controls media content & owns the largest media outlets
US does not, but it does regulate content & ownership
Which system is better?

3. Print Media Free from government interference 1st Amendment
Prior restraint
1931 Near v. Minnesota
An effort by a government agency to block the publication of material it deems libelous or harmful in some other way: censorship
In the US, the courts forbid prior restraint except under extraordinary circumstances

4. New York Times v. United States
Pentagon Papers case
Government can’t block publication of secret defense documents even if they’re obtained illegally
No restraint from publishing information doesn’t mean publication doesn’t have consequences
Sanctions can be applied after the fact

5. New York Times v. Sullivan
Libel:
Provides that newspapers that print false and malicious stories can be compelled to pay damages to those they defame
1964: New York Times v. Sullivan
Supreme Court ruled that “to be deemed libelous, a story about a public official not only had to be untrue, but also had to result from “actual malice” or “reckless disregard” for the truth
Nearly impossible to prove

6. Masson v. New Yorker Magazine
Affirmed Court opinion (ruling)
“Fabricated quotations attributed to a public figure were libelous only if the fabricated account “materially changed” the meaning of what the person said
Individual privacy
Your name & picture can be printed without your consent if they are part of a news story of public interest

7. Broadcast Media
Also protected by 1st Amendment, but regulated by the FCC (est. 1934)
Radio & TV station have to renew their FCC licenses every 5 years
Keeps frequencies from interfering with each other

8. Obscenity Regulations
FCC regulates obscene, indecent, & profane material
Tries to keep situations from broadcasting “explicit sexual & excretory” references between 6am and 10pm
Why?
Not super strict about enforcing these regulations

9. Howard Stern
Since 1990 ½ of the $5 million in fines the FCC levied involved Howard Stern
’04 Stern was dropped by Clear Channel (went to Satellite)
Stern stated that he felt he was unfairly censored because he was openly critical of President Bush
Other examples of radio broadcasts being censored??

10. 1996 Telecommunications Act
Effort to do away with most of the FCC regulations from 1934
Loosened restriction on ownership
Allowed phone, cable, & broadcasters to compete for telecommunication services
Also tried to regulate material on the Internet
Communications Indecency Acttried to restrict sexual material from being accessed by those under 18
Ruled unconstitutional

11. Impact on Politics
Government using licensing to impose regulations that affect political content on TV and radio
Equal Time Rule:
The requirement that broadcasters provide candidates for the same political office equal opportunity to communicate their messages to the public
Right of Rebuttal:
An FCC regulation giving individuals the right to have the opportunity to respond to personal attacks on radio or TV
Fairness Doctrine:
An FCC requirement that broadcasters that air programs on controversial issues provide time for opposing views
Killed by Regan admin.

12. Internet Major Challenges:
1. Protecting intellectual property (A & M Records v. Napster)
2. Setting standards to create a rational system of domains & websites
World Wide Web Consortiumform of self regulation
Less government, more community

13. Journalistic Standards