Laws & Regulations. Electronic Media Industry Regulation ▪ Handled by several organizations...
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Transcript of Laws & Regulations. Electronic Media Industry Regulation ▪ Handled by several organizations...
![Page 1: Laws & Regulations. Electronic Media Industry Regulation ▪ Handled by several organizations working together Legislative, Executive, Judicial ▪ Work.](https://reader030.fdocuments.us/reader030/viewer/2022032803/56649e225503460f94b0ea86/html5/thumbnails/1.jpg)
Laws & Regulations
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Electronic Media Industry Regulation▪ Handled by several organizations working
together Legislative, Executive, Judicial▪ Work together to allow checks and Balances
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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
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Funding from FCC Initially funded by taxes▪ Now includes fees from regulated media outlets
5 Commissioners (one is chairperson)▪ Determine policy
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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
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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
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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
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The Legislative Branch▪ Writes the Laws
Despite 1st 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
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The First Amendment▪ What are the 5 clauses of the 1st amendment
Censorship▪ Major Electronic Media Issue
▪ “Clear and Present Danger”▪ When information can clearly present dangerous
situation▪ Not protected by 1st amendment
▪ “Prior restraint”▪ Censoring content before being broadcast
▪ “Shield Laws”▪ Protect lawyers from having to reveal sources of
information
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Profanity, Indecency & Obscenity All deal with the 1st 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
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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)
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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 1st amendment
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• 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
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• 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
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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
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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
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Access to the courts Competing rights
▪ 1st amendment – Freedom of Press▪ 5th amendment – Right to fair trial▪ 6th 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
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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
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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?
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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
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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
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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
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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
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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