1. Laws & Regulations

2.  Electronic Media Industry Regulation ▪ Handled by several organizations working together  Legislative, Executive, Judicial ▪ Work together to allow checks and Balances

3.  Federal Communications Commission ▪ Developed to regulate confusion & interference ▪ That occurred during early radio  Started as Federal Radio Commission ▪ Radio act of 1927  Became FCC seven year later ▪ Communication act of 1934

4.  Funding from FCC  Initially funded by taxes ▪ Now includes fees from regulated media outlets  5 Commissioners (one is chairperson) ▪ Determine policy

5.  Oversight  FCC has many functions ▪ Many unrelated to mass media ▪ Ship to shore radio ▪ Police & Fire communications ▪ Establishes rules & regulations ▪ For general operation of the telecommunications industry  Must carry  Financial interest – domestic syndication  Children’s programs

6.  Oversight  Assigns frequencies ▪ To individual stations, cable, satellite, cell, wireless internet, etc. ▪ Determines ▪ Power for frequencies ▪ Time of day for use ▪ Technical standards  EAS (emergency alert system) ▪ Regulated by FCC

7.  The Executive Branch ▪ Administers Laws  President influences the media ▪ Formally ▪ Can suspend broadcasting operations in time of war ▪ Call into action the EAS ▪ Informally ▪ Use press secretaries ▪ For advice on media relations ▪ To get positive radio/TV coverage

8.  The Legislative Branch ▪ Writes the Laws  Despite 1 st amendment freedoms ▪ Govt. realized need to regulate airwaves ▪ Scarcity theory  “Not everyone who wants to broadcast can” ▪ Develop ▪ Copyright laws ▪ Cable TV laws ▪ Public Broadcast laws

9.  The First Amendment ▪ What are the 5 clauses of the 1 st amendment  Censorship ▪ Major Electronic Media Issue ▪ “Clear and Present Danger” ▪ When information can clearly present dangerous situation ▪ Not protected by 1 st amendment ▪ “Prior restraint” ▪ Censoring content before being broadcast ▪ “Shield Laws” ▪ Protect lawyers from having to reveal sources of information

10.  Profanity, Indecency & Obscenity  All deal with the 1 st amendment ▪ Major issue is the definition of these words ▪ Define each of these ▪ Profane ▪ Indecent ▪ Obscene ▪ Definitions vary by region and individual ▪ Make it difficult to determine what is and isn’t

11.  Profanity  The irreverent us of the name of god  Indecent defined by FCC  Language that….(pg 307)  Obscenity  More extreme than indecency ▪ Determined by Miller v. California (1973) ▪ To be indecent a program must contain…(pg 307)

12.  Numerous laws/attempts to censor  Have been struck down ▪ Provision to allow cable systems to refuse access programs they viewed as obscene ▪ Availability of sexually oriented videos for rent ▪ Transmission of indecent material online ▪ Supreme court struck down all of the above ▪ Deemed them unconstitutional ▪ Based on 1 st amendment

13. Libel, Slander & Invasion of privacy Libel & Slander – Defamation of character by published & spoken word Broadcast falls under libel – Millions of audience members – Libel has greater penalty than slander – Public figures Harder to win libel suits – Must prove actual malice – Invasion of Privacy Involves how information is gathered In general privacy laws allow a person to be left alone

14. Copyright – Laws created to promote science and art 1998 copyright laws – 70 years after death of individual copyright holder – Expanded limits set by previous versions of law After copyright expires – Works are in public domain » Can be used without permission Fair use – Ability to use some of copyrighted material without permission of payment » If used within reasonable context

15.  Copyright  Media pays fee to broadcast copyrighted material ▪ Music, photographs, sketches, film clips, etc ▪ Music use licensed (Blanket, per program)  ASCAP, BMI, SESAC ▪ Needle drop fee ▪ Payment directly to copyright holder ▪ Compulsory licenses ▪ Payment to cover material provided by others  Movies shown on TV

16.  Copyright  Piracy ▪ One of electronic media’s biggest problems ▪ Has increased with improved technology  What are some different types of piracy that occurs in electronic media?  Digital Rights Management (DRM) ▪ Scrambling video signals ▪ Results in descramblers ▪ Digital fingerprints ▪ Tracks digital material uploads and downloads

17.  Access to the courts  Competing rights ▪ 1 st amendment – Freedom of Press ▪ 5 th amendment – Right to fair trial ▪ 6 th amendment – Right to public trial ▪ Canon 35 ▪ ABA policy adopted to ban still cameras, radios, then TV cameras  Rationale was that cameras would disrupt the court activities and behaviors of those involved

18.  Licensing is handled by the FCC  So broadcast stations ▪ Operate in the public ▪ Convenience, Interest and necessity  FCC has no direct control over broadcast stations ▪ Can control them indirectly ▪ Meaning….? ▪ If a network allows inappropriate material to be broadcast  How can the FCC punish them without having control over the network

19.  Licensing is handled by the FCC  License applications ▪ Were once sorted by FCC staff ▪ Resulting in major back-ups ▪ Today they use lotteries or auctions ▪ Lotteries – Applicants drawn from pool  Must meet basic criteria ▪ Auctions – License goes to highest bidder  As long as they are not undesirable ▪ How does this affect desirable candidates with little money?

20.  Licensing is handled by the FCC  Key terms to review ▪ Blue Book ▪ Promise vs Performance ▪ Ascertainment ▪ Composite week ▪ Comparative license renewal ▪ Petition to deny ▪ Renewal Expectancy

21.  Ownership  FCC regulations ▪ Have allowed more ownership by same company  More oversight recently taken by ▪ Justice Department ▪ Due to mergers & Acquisitions  With strong impact on Electronic Media ▪ Mergers often result in cross-ownership ▪ Owning TV & Radio or TV & Cable in the same market

22.  Equal Time  This rule requires ▪ A media company to provide equal air time ▪ For candidates competing for public office ▪ In effect only during periods of election campaigns  Equal time is from ▪ Section 315 of the Communications ACT ▪ There are many variables that include time frames (time of day), types of coverage, debates, & third party candidates, etc

23.  Other Regulations ▪ Lotteries ▪ Outlawed sponsorship by Radio or TV ▪ Usually avoided by making contests free ▪ Hoaxes ▪ Using the air to fabricate situations or information ▪ Equal Employment ▪ Providing equal opportunity for diverse demographic groups to be represented on media company staff

24.  Issues & Future  The Internet has provided much frustration to electronic media laws ▪ The ease at which it is used to transmit and duplicate information digitally ▪ Has resulted in much scrutiny and debate on how it will be handled in regards to Media Laws