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Transcript of Regulation. Gutenberg created moveable type press Gutenberg created moveable type press Suddenly...
RegulationRegulation
Gutenberg created moveable type Gutenberg created moveable type presspress Suddenly everybody had access to Suddenly everybody had access to
printed materialprinted material Allowed wide-spread opinions and Allowed wide-spread opinions and
influenceinfluence Stimulated demand for literacyStimulated demand for literacy Public opinion moldedPublic opinion molded
Church and StateChurch and State
Noticed the power of the pressNoticed the power of the press Started imposing rules on printingStarted imposing rules on printing
The ChurchThe Church
One of the first and One of the first and most important most important customerscustomers
Said “do it our way or Said “do it our way or else”else”
IndulgenceIndulgence
Martin LutherMartin Luther
Martin Luther’s ThesesMartin Luther’s Theses
Thus was born Thus was born the Protestant the Protestant ReformationReformation
Naturally, the Naturally, the Catholic Church Catholic Church
fought backfought backStarted the first Started the first propaganda warpropaganda war
Religious broadsidesReligious broadsides
Luther’s German Bible - Luther’s German Bible - 15201520
For the Catholic Church For the Catholic Church printing was considered printing was considered
the enemythe enemy Excommunication for writing or Excommunication for writing or
reading banned booksreading banned books Papal Forbidden Books listPapal Forbidden Books list
InquisitionInquisition
Book burningBook burning
People burningPeople burning
AristotleAristotle 384 BCE – 322 BCE384 BCE – 322 BCE
Galileo Galilei: 1564 - Galileo Galilei: 1564 - 16421642
Siderius NunciusSiderius Nuncius
Problem with GalileoProblem with Galileo
Told a new story about how the Told a new story about how the universe worksuniverse works The Earth is not the center of the universeThe Earth is not the center of the universe Thus, a new story about realityThus, a new story about reality
Contradicted the Church’s storyContradicted the Church’s story The Earth is the center of the universeThe Earth is the center of the universe Church’s authority rested on it always Church’s authority rested on it always
being rightbeing right Needed timeNeeded time
The KingThe King
Power was almost absolutePower was almost absolute Tended to be thin-skinnedTended to be thin-skinned Henry VIII in 1529 – Henry VIII in 1529 –
Banned books he or his Banned books he or his advisors didn’t likeadvisors didn’t like
1530 – licensing act for 1530 – licensing act for printersprinters
Governments subsidized printingGovernments subsidized printing Gave them a great deal of control over Gave them a great deal of control over
what could be printedwhat could be printed Newspapers were for the eliteNewspapers were for the elite
Were anything but objectiveWere anything but objective Supported those who paid for themSupported those who paid for them
American coloniesAmerican colonies
Had their own printersHad their own printers
New England CourantNew England Courant
Runaway slave adRunaway slave ad
Zenger’s Weekly JournalZenger’s Weekly Journal
Effects of these 3 Effects of these 3 newspapersnewspapers
a newspaper with popular support a newspaper with popular support could challenge authority could challenge authority
financial independence can lead to financial independence can lead to editorial independence editorial independence
government should not control the government should not control the press because it can stifle the truth press because it can stifle the truth
American ColoniesAmerican Colonies
Bradford, Zenger, and Franklin Bradford, Zenger, and Franklin believed they had the right to speak believed they had the right to speak truth to powertruth to power
Zenger acquitted of libel chargesZenger acquitted of libel charges British Stamp Act – a tax on British Stamp Act – a tax on
newspapers, pamphlets, and papernewspapers, pamphlets, and paper
The First The First AmendmentAmendmentCongress shall Congress shall make no law…make no law…abridging the abridging the
freedom of speech freedom of speech or of the pressor of the press
Continental Congress -- Continental Congress -- 17741774
““The importance of [freedom of the press] The importance of [freedom of the press] consists, besides the advancement of truth, consists, besides the advancement of truth, science, morality and arts in general, in its science, morality and arts in general, in its diffusion of liberal sentiment on the diffusion of liberal sentiment on the administration of government, its ready administration of government, its ready communication of thoughts between communication of thoughts between subjects, and its consequential promotion subjects, and its consequential promotion of union among them, whereby oppressive of union among them, whereby oppressive officials are shamed or intimidated into officials are shamed or intimidated into more honorable and just modes of more honorable and just modes of conducting affairs.”conducting affairs.”
Thomas Jefferson in 1796Thomas Jefferson in 1796
“…“…were it left to me to were it left to me to decide whether we should decide whether we should have a government without have a government without newspapers or newspapers newspapers or newspapers with a government, I should with a government, I should not hesitate a moment to not hesitate a moment to prefer the latter.”prefer the latter.”
The First Amendment guarantees not The First Amendment guarantees not only the government can’t control only the government can’t control the press, but the guarantee is “not the press, but the guarantee is “not for the benefit of the press so much for the benefit of the press so much as for the benefit of us all.”as for the benefit of us all.”
Time, Inc. v. Time, Inc. v. HillHill
MoviesMovies
Early days of moviesEarly days of movies
Movie makers could do whatever Movie makers could do whatever they wanted when telling their they wanted when telling their storiesstories
There were some complaintsThere were some complaints Movie makers’ defense was the First Movie makers’ defense was the First
AmendmentAmendment
Mutual Film Corporation v. Mutual Film Corporation v. Industrial Commission of Industrial Commission of
OhioOhio236 U.S. 230236 U.S. 230 (1915) (1915)
State of Ohio passed a law forming a State of Ohio passed a law forming a censorship board to review and censorship board to review and approve all filmsapprove all films
Supreme Court declared that movies Supreme Court declared that movies were a business, not an art, and thus were a business, not an art, and thus not protected by the First Amendmentnot protected by the First Amendment
Wrote “They may be used for evil”Wrote “They may be used for evil”
Intolerance - 1916Intolerance - 1916
1920s1920sPost-World War IPost-World War I
A period of cynicism and A period of cynicism and breaking with traditions breaking with traditions
following the great following the great upheavals in society upheavals in society
caused by World War I.caused by World War I.
Movies used more and Movies used more and more of what put butts in more of what put butts in
the seats –the seats –sex and violencesex and violence
Manslaughter – 1922Manslaughter – 1922orgy sceneorgy scene
1930s1930s
The Great The Great DepressionDepression
As a backlash against the As a backlash against the openness of the Roaring openness of the Roaring Twenties, many people in Twenties, many people in
society insisted on society insisted on censorshipcensorship
Look at Look at these these
costumescostumes
Tarzan and His Mate - Tarzan and His Mate - 19321932
Look at Look at thesethese
costumescostumesOr lack thereofOr lack thereof
The Hays OfficeThe Hays Office
Started in 1930Started in 1930 Run by Will H. HaysRun by Will H. Hays Set standards for moviesSet standards for movies
Adopted from a list devised by Father Adopted from a list devised by Father Daniel Lord, a Jesuit priestDaniel Lord, a Jesuit priest
Had no effective enforcementHad no effective enforcement
Hays’ 3 PrinciplesHays’ 3 Principles
1.1. No picture shall be produced that No picture shall be produced that will lower the moral standards of will lower the moral standards of those who see it. Hence the those who see it. Hence the sympathy of the audience should sympathy of the audience should never be thrown to the side of crime, never be thrown to the side of crime, wrongdoing, evil or sin wrongdoing, evil or sin
2.2. Correct standards of life, subject only Correct standards of life, subject only to the requirements of drama and to the requirements of drama and entertainment, shall be presented. entertainment, shall be presented.
3. Law, natural or human, shall not be 3. Law, natural or human, shall not be ridiculed, nor shall sympathy be ridiculed, nor shall sympathy be created for its violation.created for its violation.
This was followed with specific This was followed with specific restrictions restrictions
Portrayals of miscegenation were Portrayals of miscegenation were forbidden. forbidden.
"Scenes of Passion" were not to be "Scenes of Passion" were not to be introduced when not essential to the introduced when not essential to the plot. "Excessive and lustful kissing" plot. "Excessive and lustful kissing" was to be avoided, along with any was to be avoided, along with any other treatment that might other treatment that might "stimulate the lower and baser "stimulate the lower and baser element." element."
The treatment of "vulgarity," defined The treatment of "vulgarity," defined as "low, disgusting, unpleasant, as "low, disgusting, unpleasant, though not necessarily evil subjects" though not necessarily evil subjects" must be "subject to the dictates of must be "subject to the dictates of good taste."good taste."
The depiction of illegal drug use was The depiction of illegal drug use was forbidden, as well as the use of forbidden, as well as the use of liquor, “when not required by the liquor, “when not required by the plot or for proper characterization.”plot or for proper characterization.”
Look at the Tarzan Look at the Tarzan costumes now after the costumes now after the Hays Office got involvedHays Office got involved
Joseph Burstyn, Inc. vs. Joseph Burstyn, Inc. vs. Wilson, 1952Wilson, 1952
Supreme Court decision overturning Supreme Court decision overturning Mutual v. Ohio that allowed the Mutual v. Ohio that allowed the censorship of movies because they censorship of movies because they were a business, not an art form, were a business, not an art form, and “they could be used for evil.”and “they could be used for evil.”
This case determined that movies, This case determined that movies, even if a business, are a form of even if a business, are a form of artistic expression and thus entitled artistic expression and thus entitled to First Amendment protection.to First Amendment protection.
Jacobellis v. Ohio, 1964Jacobellis v. Ohio, 1964
Ohio tried to ban the film “The Ohio tried to ban the film “The Lovers” for obscenityLovers” for obscenity
Supreme Court ruled it wasn’t Supreme Court ruled it wasn’t obsceneobscene Only hard-core pornography was Only hard-core pornography was
obsceneobscene Court couldn’t define obscenityCourt couldn’t define obscenity
Tarzan the Ape ManTarzan the Ape Man
Harold and Kumar Go to Harold and Kumar Go to White CastleWhite Castle
Cheech and ChongCheech and Chong
Radio and Radio and RegulationRegulation
FCC Act of 1934FCC Act of 1934 ““Nothing in this chapter shall be Nothing in this chapter shall be
understood or construed to give the understood or construed to give the Commission the power of censorship Commission the power of censorship over the radio communications or over the radio communications or signals transmitted by any radio station, signals transmitted by any radio station, and no regulation or condition shall be and no regulation or condition shall be promulgated or fixed by the Commission promulgated or fixed by the Commission which shall interfere with the right of which shall interfere with the right of free speech by means of radio free speech by means of radio communication.” communication.”
Section 326Section 326
Other MediaOther Media
MoviesMovies
““We have no doubt that moving pictures, We have no doubt that moving pictures, like newspapers and radio, are included like newspapers and radio, are included in the press whose freedom is in the press whose freedom is guaranteed by the First Amendment.” guaranteed by the First Amendment.”
U.S. v. Paramount Pictures, Inc., 1948U.S. v. Paramount Pictures, Inc., 1948
First Amendment applied to any First Amendment applied to any “significant medium for the “significant medium for the communication of ideas.” communication of ideas.”
Burstyn v. Wilson, 1952Burstyn v. Wilson, 1952
TelevisionTelevision
““No rational distinction can be made No rational distinction can be made between radio and television on the between radio and television on the one hand and the press on the other one hand and the press on the other in affording constitutional protection in affording constitutional protection contemplated by the First contemplated by the First Amendment.”Amendment.”
Rosenblum v. Metromedia,1969Rosenblum v. Metromedia,1969
Prior to radio, communication was Prior to radio, communication was point to pointpoint to point
It was one voice reaching one person It was one voice reaching one person at a timeat a time BooksBooks LettersLetters TelegramsTelegrams
Movies could reach tens or hundreds Movies could reach tens or hundreds at a time, but it required affirmative at a time, but it required affirmative action on the part of the audienceaction on the part of the audience
1932 Democratic 1932 Democratic ConventionConvention
One voice, many earsOne voice, many ears
For the first time, one For the first time, one voice could be heard by voice could be heard by millions of people at a millions of people at a timetime
John R. Brinkley, MD (?)John R. Brinkley, MD (?)
Sold the cure for many medical Sold the cure for many medical problems, especially sexual problems, especially sexual problems –problems –
Goat GlandsGoat GlandsQuickly realized the value of radio as Quickly realized the value of radio as
an advertising mediuman advertising medium
Opened a 1000 watt station in Opened a 1000 watt station in Kansas to promote his “cures”Kansas to promote his “cures”
Was denied a license in 1930 Was denied a license in 1930 because he didn’t broadcast in the because he didn’t broadcast in the public interest but only for private public interest but only for private gaingain
Appealed on grounds of censorshipAppealed on grounds of censorship Lost the appeal: past programming Lost the appeal: past programming
could be considered without it being could be considered without it being considered censorshipconsidered censorship
Brinkley opened new Brinkley opened new stationstation
Across the border in MexicoAcross the border in Mexico Programming sent across from the Programming sent across from the
US on phone linesUS on phone lines Pumped out 500,000 watts – could Pumped out 500,000 watts – could
be heard in Russiabe heard in Russia
Led to new regulations – the Led to new regulations – the Brinkley Act:Brinkley Act: Any station broadcasting from Any station broadcasting from
Mexico but originating in the US Mexico but originating in the US had to be licensed by the UShad to be licensed by the US
Put Brinkley out of businessPut Brinkley out of business
Radio Act of 1927Radio Act of 1927
Created the Federal Radio Created the Federal Radio CommissionCommission
Gave government the right to Gave government the right to regulate broadcast signals to get rid regulate broadcast signals to get rid of chaos on the airof chaos on the air
““Limited natural Limited natural resource”resource”
What is being regulated?What is being regulated?
The airwavesThe airwaves Airwaves consist of a certain Airwaves consist of a certain
segment of the electromagnetic segment of the electromagnetic spectrumspectrum
Wavelength- distance between a Wavelength- distance between a reoccurring peak of a wavereoccurring peak of a wave
What is being regulated?What is being regulated?
Propagation characteristics- ability Propagation characteristics- ability of a wavelength to pass through of a wavelength to pass through objectsobjects Longer the wavelength, the less likely it Longer the wavelength, the less likely it
is to be absorbed is to be absorbed Certain airwaves are valuable, while Certain airwaves are valuable, while
others are less valuable others are less valuable
Broadcast is Broadcast is regulatedregulated
Stations must be Stations must be licensed to avoid licensed to avoid
chaoschaos
Radio Act of 1927Radio Act of 1927
The regulatory part of the Radio ActThe regulatory part of the Radio Act Require stations to get a licenseRequire stations to get a license License would specify the station’s License would specify the station’s
frequency and powerfrequency and power Prevented overlapping signalsPrevented overlapping signals
Public ownership of Public ownership of airwavesairwaves
Print media don’t use anything that’s Print media don’t use anything that’s not privately ownednot privately owned
Broadcast frequencies are the Broadcast frequencies are the property of the peopleproperty of the people Licensee must operate in the public Licensee must operate in the public
convenience, interest, or necessity convenience, interest, or necessity FCC decides what’s “in the public FCC decides what’s “in the public
interest”interest”
Communications Act of Communications Act of 19341934
Created the Federal Communications Created the Federal Communications CommissionCommission
Replaced the Federal Radio Replaced the Federal Radio CommissionCommission
Licensee must operate in the public Licensee must operate in the public convenience, interest, or necessityconvenience, interest, or necessity
Communication treated as Interstate Communication treated as Interstate CommerceCommerce
Under U.S. Constitution, Section 8Under U.S. Constitution, Section 8
The FCC can’t censor radio The FCC can’t censor radio programming or make any programming or make any regulations that interfere regulations that interfere with free speech on radio.with free speech on radio.
Federal Communications Act of Federal Communications Act of 1934, Section 3261934, Section 326
ScarcityScarcity
Airwaves are not only Airwaves are not only valuable, they’re limitedvaluable, they’re limited
Media differencesMedia differencesPrint media audiences must act Print media audiences must act
affirmativelyaffirmatively Decide to buy the mediumDecide to buy the medium Actively select what to readActively select what to read
Broadcast media audiences are “captive”Broadcast media audiences are “captive” They can’t ignore or bypass that which They can’t ignore or bypass that which
they’re not interested in, like they can in they’re not interested in, like they can in print mediaprint media
TV has a major impact on the audience – or TV has a major impact on the audience – or does it?does it?
The Proxy ConceptThe Proxy Concept
Since the public “owns” the Since the public “owns” the airwaves, licensees are only acting airwaves, licensees are only acting as a proxy for the publicas a proxy for the public
The First Amendment doesn’t The First Amendment doesn’t prohibit requiring a trustee to do prohibit requiring a trustee to do certain thingscertain things share frequenciesshare frequencies Act in the public interestAct in the public interest
Four rationales for Four rationales for regulationregulation
Public owns the airwavesPublic owns the airwaves Scarcity of airwavesScarcity of airwaves Differences between print and Differences between print and
broadcast mediabroadcast media Proxy conceptProxy concept
The arrival of cableThe arrival of cable
No public “ownership” of airwavesNo public “ownership” of airwaves No airwavesNo airwaves
No scarcity of resourcesNo scarcity of resources Cable can carry hundreds of channels Cable can carry hundreds of channels
with no interferencewith no interference No proxy conceptNo proxy concept Only the assumption of TV’s effect Only the assumption of TV’s effect
on the audienceon the audience
FCC v. Pacifica, 1978FCC v. Pacifica, 1978
WBAI aired George Carlin’s “Seven words WBAI aired George Carlin’s “Seven words you can never say on television”you can never say on television”
A father complained his 15-year-old son A father complained his 15-year-old son was in the car with him and heard the was in the car with him and heard the routineroutine
Supreme Court by 5 to 4 agreed with the Supreme Court by 5 to 4 agreed with the FCC that the routine was indecent and FCC that the routine was indecent and restricted such programming to after 10 restricted such programming to after 10 pm when children were unlikely to be pm when children were unlikely to be listeninglistening
Regulating new mediaRegulating new media
How?How?No ownersNo ownersNo central controlNo central controlNo “contemporary community No “contemporary community
standards”standards”Miller v. California, 1972Miller v. California, 1972
Go after ISPsGo after ISPs
Require ISPs to block sitesRequire ISPs to block sites Violates First AmendmentViolates First Amendment ISPs aren’t originators, only conduitsISPs aren’t originators, only conduits
CopyrightsCopyrights
A copyright grants the creator exclusive A copyright grants the creator exclusive right to benefit financially from his or her right to benefit financially from his or her creationcreation
Internet makes copyright violation easyInternet makes copyright violation easy Copy and share files from CDs and DVDsCopy and share files from CDs and DVDs Limits consumers use of what they buyLimits consumers use of what they buy
Digital Millennium Act of 1998Digital Millennium Act of 1998 Makes copying and sharing, or making Makes copying and sharing, or making
possible copying and sharing, of copyrighted possible copying and sharing, of copyrighted material illegalmaterial illegal
Copyright Copyright
Definition: Gives the creator of a Definition: Gives the creator of a piece of work exclusive rights piece of work exclusive rights Gives credit where credit is dueGives credit where credit is due Financial benefitsFinancial benefits Control over adapting workControl over adapting work Control over performance Control over performance
If you make something, you should have If you make something, you should have control over it and profit from it! control over it and profit from it!
CopyrightCopyright First law – 1790First law – 1790
Protected for 14 years & could be renewed for Protected for 14 years & could be renewed for additional 14 yearsadditional 14 years
Only protected U.S. authorsOnly protected U.S. authors Copyright Act of 1976Copyright Act of 1976
Copyrights would last for 50 years after the Copyrights would last for 50 years after the author’s deathauthor’s death
Expanded protections to new mediaExpanded protections to new media 1998 Digital Millennium Copyright Act1998 Digital Millennium Copyright Act
Copyrights would last for 70 years after the Copyrights would last for 70 years after the author’s deathauthor’s death
Copyright protections to materials recorded Copyright protections to materials recorded digitallydigitally
Public domain Public domain When intellectual property rights When intellectual property rights
have expired they enter the have expired they enter the public domainpublic domain Shakespeare, classical music, etc. Shakespeare, classical music, etc. Don’t need to get permission for Don’t need to get permission for
clips or samplesclips or samples Copyright laws diminishing Copyright laws diminishing
public domainpublic domain
Wizard of OZWizard of OZ
Published in 1900Published in 1900 Entered the public domain in 1956Entered the public domain in 1956 This has allowed other people to This has allowed other people to
‘reimagine’ the story‘reimagine’ the story
DisneyDisney Disney made huge profits off of Disney made huge profits off of
public domain storiespublic domain stories
Disney will sue if you create characters Disney will sue if you create characters resembling the images they createdresembling the images they created
Benefits of public Benefits of public domain domain
Create new knowledge & culture Create new knowledge & culture Revamp and retell stories- retell Revamp and retell stories- retell
old stories to new audience (and old stories to new audience (and maybe do a better job!)maybe do a better job!)
Access to cultural heritage Access to cultural heritage Fairy tales, classical music, etc. Fairy tales, classical music, etc.
Low cost access to informationLow cost access to information Books, music, etc. Books, music, etc.
Enabling competition Enabling competition
Benefits of public Benefits of public domain domain
Create new knowledge & culture Create new knowledge & culture Revamp and retell stories- retell Revamp and retell stories- retell
old stories to new audience (and old stories to new audience (and maybe do a better job!)maybe do a better job!)
Access to cultural heritage Access to cultural heritage Fairy tales, classical music, etc. Fairy tales, classical music, etc.
Low cost access to informationLow cost access to information Books, music, etc. Books, music, etc.
Enabling competition Enabling competition
Copyright Exceptions Copyright Exceptions
Fair use: Can use copyrighted Fair use: Can use copyrighted material under certain situations material under certain situations CriticismCriticism CommentaryCommentary News reporting News reporting ResearchResearch TeachingTeaching Parody Parody
Problems with systemProblems with system
Public doesn’t get much in return for Public doesn’t get much in return for giving away the airwaves (or giving away the airwaves (or extending copyright)extending copyright)
Rubber stamp for licenses prevents Rubber stamp for licenses prevents innovationinnovation No competition No competition
Result- poor service, less innovation, Result- poor service, less innovation, higher costs higher costs Little motivation to be innovative when Little motivation to be innovative when
you know you’re getting the license you know you’re getting the license In 2013, US ranked 9In 2013, US ranked 9thth in internet in internet
connection speedconnection speed Big price differencesBig price differences
US 500 Mbps- $310 a monthUS 500 Mbps- $310 a month Same speed in Hong Kong is $25 a monthSame speed in Hong Kong is $25 a month
FFourour points about points about regulationregulation
1. Media systems are created by 1. Media systems are created by policies and subsidies; they are not policies and subsidies; they are not ‘natural’‘natural’
1. Media systems 1. Media systems created…created…
We shape our social systemsWe shape our social systems Picked capitalism over socialismPicked capitalism over socialism
Same with mediaSame with media Current system is commercial systemCurrent system is commercial system
1. Media systems 1. Media systems created…created…
People weren’t necessarily happy People weren’t necessarily happy with the proposed commercial with the proposed commercial systemsystem Do you like advertising? Do you like advertising?
Advertising has never been popular Advertising has never been popular
FFourour points about points about regulationregulation
1. Media systems are created by 1. Media systems are created by policies and subsidies; they are not policies and subsidies; they are not ‘natural’‘natural’
2. First Amendment does not 2. First Amendment does not authorize corporate run media authorize corporate run media systemsystem
Freedom of press Freedom of press = = No regulations No regulations Free speech- right of every individual to Free speech- right of every individual to
speak their mind and not fear the speak their mind and not fear the government locking you up for saying government locking you up for saying things they don’t likethings they don’t like
Freedom of the press – That the press can Freedom of the press – That the press can print things without fearing governmentprint things without fearing government
Report on things that are important to citizens, Report on things that are important to citizens, even if people in power don’t like it even if people in power don’t like it
Many argue free press means ZERO Many argue free press means ZERO regulation of airwaves. Regulations regulation of airwaves. Regulations seen as an infringement on right to seen as an infringement on right to free speechfree speech This assumes that companies are people This assumes that companies are people Recent court decisions have started to Recent court decisions have started to
equate money with freedom of speech equate money with freedom of speech Citizens United Citizens United
Airwaves are heavily regulatedAirwaves are heavily regulated Who does the regulation benefit? Who does the regulation benefit?
FFourour points about points about regulationregulation
1. Media systems are created by 1. Media systems are created by policies and subsidies; they are not policies and subsidies; they are not ‘natural’‘natural’
2. First Amendment does not 2. First Amendment does not authorize corporate run, profit authorize corporate run, profit motivated media systemmotivated media system
3. American media system is not a 3. American media system is not a free market systemfree market system
Ownership & worth Ownership & worth
Public owns the airwaves (not the Public owns the airwaves (not the media companies)media companies)
FCC provides license for companies FCC provides license for companies (and people) to use the airwaves(and people) to use the airwaves
Licenses are generally free of cost as Licenses are generally free of cost as long as the company (or person) long as the company (or person) provides a “public service“provides a “public service“ Industry says they provide 8 BILLION a Industry says they provide 8 BILLION a
year in public service programming year in public service programming
How much is given away? How much is given away?
Companies sometimes claim that Companies sometimes claim that they only have a narrow slice of they only have a narrow slice of the bandwidththe bandwidth
However, only part of the However, only part of the bandwidth is profitable and bandwidth is profitable and capable of reaching large capable of reaching large audiencesaudiences
Ownership & worth Ownership & worth
Few instances of the government Few instances of the government rejecting a renewal of a license rejecting a renewal of a license Unlike other industries (e.g., coal, Unlike other industries (e.g., coal,
timber, farming), almost no public timber, farming), almost no public revenue generatedrevenue generated
Essentially a huge government subsidy Essentially a huge government subsidy
Other media subsidiesOther media subsidies 1. Mail subsidies1. Mail subsidies
Costs less to mail magazinesCosts less to mail magazines 2. Film subsidies2. Film subsidies
Give money to movie studios so they film Give money to movie studios so they film movies in city, town, etc. movies in city, town, etc.
3. Government spends money on advertising3. Government spends money on advertising Tax dollars help generate profits for TV stationsTax dollars help generate profits for TV stations
4. Companies write off advertising as 4. Companies write off advertising as business expense business expense Tax freeTax free
Four points about Four points about regulationregulation
1. Media systems are created by policies 1. Media systems are created by policies and subsidies; they are not ‘natural’and subsidies; they are not ‘natural’
2. First Amendment does not authorize 2. First Amendment does not authorize corporate run, profit motivated media corporate run, profit motivated media systemsystem
3. American media system is not a free 3. American media system is not a free market systemmarket system
4. Policy making process is important to 4. Policy making process is important to understand structure of media systemunderstand structure of media system
Major communication Major communication legislation legislation
Radio Act of 1912Radio Act of 1912 Government would license radio stationsGovernment would license radio stations Ships needed to always have someone Ships needed to always have someone
listening to radio transmissionslistening to radio transmissions Titanic Titanic
Airwaves broken into: Airwaves broken into: 1. Commercial1. Commercial 2. Government 2. Government 3. Amateur (got the worst deal) 3. Amateur (got the worst deal)
Major communication Major communication legislation legislation
Radio Act of 1927 Radio Act of 1927 Created the Federal Radio CommissionCreated the Federal Radio Commission
Limited relation powersLimited relation powers Power to grant licenses Power to grant licenses Only regulated profane languageOnly regulated profane language No regulation of advertisingNo regulation of advertising
Early equal time provisionEarly equal time provision Candidates required to have equal Candidates required to have equal
access to air timeaccess to air time
Communication Act of 1934Communication Act of 1934 Creation of the Federal Communication Creation of the Federal Communication
Commission Commission Communication treated as interstate commerceCommunication treated as interstate commerce
This was when there was a big debate This was when there was a big debate about commercial vs. non-commercial about commercial vs. non-commercial programmingprogramming
Commercial programming deemed to have Commercial programming deemed to have ample time to broadcast ‘public service’ ample time to broadcast ‘public service’ programmingprogramming
E.g., education programming E.g., education programming
Telecommunications Act of 1996Telecommunications Act of 1996 First government regulation since First government regulation since
the 1934 act (62 years)the 1934 act (62 years) Loosening of rules on ownershipLoosening of rules on ownership Stated goal Stated goal open the markets to open the markets to
anyone & lower costs for anyone & lower costs for consumersconsumers
Outcome Outcome huge merges huge merges
Before 1996 Telecomm ActBefore 1996 Telecomm Act Limited to 1 AM and 1 FM station per marketLimited to 1 AM and 1 FM station per market
AfterAfter Up to 8 per market that has 45 stationsUp to 8 per market that has 45 stations
BeforeBefore One TV station per marketOne TV station per market
AfterAfter Two stations per market, if market has 8 TV Two stations per market, if market has 8 TV
stations and one of two is not among top 4stations and one of two is not among top 4
BeforeBefore Cannot own a TV station and radio station in Cannot own a TV station and radio station in
market unless it has more than 30 media voicesmarket unless it has more than 30 media voices AfterAfter
Own up to 2 TV and 6 radio stations if there are Own up to 2 TV and 6 radio stations if there are 20 independent voices20 independent voices
BeforeBefore Cannot own more than one broadcast networkCannot own more than one broadcast network
AfterAfter Cannot own more than one of four large Cannot own more than one of four large
networksnetworks
Some rules not enforcedSome rules not enforced Increased amount of people a company Increased amount of people a company
could reach with TV stations from 25 to could reach with TV stations from 25 to 35 percent35 percent FOX and CBS currently reach about 40 FOX and CBS currently reach about 40
percentpercent Cable and satellite operators can’t Cable and satellite operators can’t
reach more than 30% of U.S. reach more than 30% of U.S. householdshouseholds Rule suspended by FCC in 2001Rule suspended by FCC in 2001
Study from 2005Study from 2005 Cable prices up 40 Cable prices up 40
percent since 1996percent since 1996 Well ahead of the Well ahead of the
Consumer Price Consumer Price IndexIndex
98 percent of 98 percent of homes only have homes only have access to one access to one cable provider cable provider
Contextual Contextual InfluencesInfluences
Influences on contentInfluences on content
When thinking about media content, When thinking about media content, what sort of things influence what what sort of things influence what we see, hear, read, etc.? we see, hear, read, etc.?
Influences on contentInfluences on content
Five levels Five levels
1.Individual level 1.Individual level
Four areas of focus: Four areas of focus: A. Characteristics (age, gender, race, A. Characteristics (age, gender, race,
etc.)etc.) B. Personal and professional B. Personal and professional
background (e.g., education)background (e.g., education) Executives tend to have more education, Executives tend to have more education,
which is probably a good thing which is probably a good thing
1.Individual level 1.Individual level
C. Personal attitudes (e.g., political C. Personal attitudes (e.g., political ideology)ideology) Liberal journalist = liberal media Liberal journalist = liberal media Conservative owners = conservative Conservative owners = conservative
mediamedia
1.Individual level 1.Individual level
D. professional roles D. professional roles Journalists- cover an a story accurately Journalists- cover an a story accurately
and with as little bias as possibleand with as little bias as possible Owner – goal is to make money for Owner – goal is to make money for
company and stock holderscompany and stock holders E.g., The Simpsons and FOX E.g., The Simpsons and FOX Profits are the underlying goalProfits are the underlying goal
2.Routines 2.Routines
All organizations need routines to All organizations need routines to function function Allows individuals in the organization to Allows individuals in the organization to
complete tasks complete tasks Goal is to make profit Goal is to make profit Process is that Process is that
1. Media must obtain and process ‘raw 1. Media must obtain and process ‘raw product’ (news, comedy, etc.)product’ (news, comedy, etc.)
2. Obtain product from suppliers 2. Obtain product from suppliers (playwrights, directors)(playwrights, directors)
3. Deliver it to consumers 3. Deliver it to consumers
Routines help answer the Routines help answer the following…following…
What is acceptable to the audience? What is acceptable to the audience? What can the audience understand? What can the audience understand?
Often results in reliance on things the Often results in reliance on things the audience understand/feels comfortable audience understand/feels comfortable withwith
E.g., stereotypes E.g., stereotypes This has changed as fragmentation has This has changed as fragmentation has
increased increased What was once unacceptable on the What was once unacceptable on the
networks is acceptable on cable (e.g., South networks is acceptable on cable (e.g., South Park)Park)
Routines help answer the Routines help answer the following…following…
What are other media outlets doing? What are other media outlets doing? Another routine is to follow the lead of Another routine is to follow the lead of
other mediaother media Copy hit showsCopy hit shows
3. Organizational 3. Organizational influencesinfluences
Media organizations today largely Media organizations today largely concerned with profitsconcerned with profits
Proliferation of mega-mediaProliferation of mega-media 1984: 50 media corporations1984: 50 media corporations 1992: 231992: 23 1997: 101997: 10 Today: 5Today: 5
Big mediaBig media
Number of media companies that Number of media companies that combined control more than 50% combined control more than 50% of U.S. Mediaof U.S. Media
Media diversity & Media diversity & democracydemocracy
Bagdikian predictionsBagdikian predictions 20042004
Time WarnerTime Warner DisneyDisney ViacomViacom BertelsmannBertelsmann News CorporationNews Corporation
Consequences of Consequences of mergersmergers
Vertical integrationVertical integration: controlling all : controlling all aspects of a media project from aspects of a media project from production, distribution, promotion production, distribution, promotion etc.etc.
SynergySynergy: Combining the strengths : Combining the strengths of different companies of different companies
ConvergenceConvergence:: Different media begin Different media begin to perform similar tasksto perform similar tasks
General General Electric/NBC/ComcastElectric/NBC/Comcast
Sales of $157 billion in 2009Sales of $157 billion in 2009 Started as RCAStarted as RCA 1926 created NBC1926 created NBC
Blue & RedBlue & Red 1985 GE bought RCA & NBC1985 GE bought RCA & NBC 2004 bought 2004 bought Vivendi UniversalVivendi Universal Comcast merger (own 51 % of Comcast merger (own 51 % of
company)company)
DisneyDisney
Sales of $36.1 billion in 2009Sales of $36.1 billion in 2009 Started in 1928 w/ Mickey Mouse Started in 1928 w/ Mickey Mouse
cartoonscartoons 1937 – first animated movie1937 – first animated movie 1950s – live action & documentaries1950s – live action & documentaries
International – approximately 25% of International – approximately 25% of earningsearnings
Ideal example of synergyIdeal example of synergy Cross promotion Cross promotion
News CorporationNews Corporation
Sales of $30.4 billion in 2009Sales of $30.4 billion in 2009 Vertical integration Vertical integration
Owns both the mean of production and Owns both the mean of production and distribution distribution Create movies through 20Create movies through 20thth Century Century FoxFox
Sell DVDs through 20Sell DVDs through 20thth Century Fox Century FoxBroadcast on FOX, then again on FXBroadcast on FOX, then again on FX
Time WarnerTime Warner Sales of $25.8 billion in 2009Sales of $25.8 billion in 2009 Started with Time Magazine in 1922 (Henry Started with Time Magazine in 1922 (Henry
Luce)Luce) Synergy- Synergy-
Warner Brothers movies (e.g., Batman) Warner Brothers movies (e.g., Batman) First run on Time Warner cable On DemandFirst run on Time Warner cable On Demand HBO gets movie nextHBO gets movie next Shifts to cable Shifts to cable TNT or TBS TNT or TBS
First run on TNT and TBS means they get First run on TNT and TBS means they get higher ratings, which means more cable higher ratings, which means more cable companies want to carry stations. Bigger companies want to carry stations. Bigger audience means they raise ad revenue audience means they raise ad revenue
All of this adds up to revenue for Time WarnerAll of this adds up to revenue for Time Warner
Viacom & CBSViacom & CBS
Sales of $13.6 and $13 billion in 2009Sales of $13.6 and $13 billion in 2009 Twists of historyTwists of history
Viacom – film production unit in CBSViacom – film production unit in CBS 1971 forced to spin off by federal 1971 forced to spin off by federal
regulationsregulations 1999 Viacom bought CBS1999 Viacom bought CBS
2005 Viacom & CBS technically split2005 Viacom & CBS technically split
Other playersOther players
Clear Channel Clear Channel 850+ radio stations (over 1,200 in 850+ radio stations (over 1,200 in
2005)2005) 900,000 billboards900,000 billboards
Gannett Gannett USA Today, 85 daily newspapers, 850 USA Today, 85 daily newspapers, 850
nondaily pubs, and 23 TV stationsnondaily pubs, and 23 TV stations New media giantsNew media giants
Google, Apple, YahooGoogle, Apple, Yahoo
Influence Influence
Characteristics of organization Characteristics of organization Hands off vs. hands onHands off vs. hands on In Plain SightIn Plain Sight
Disagreement between USA Disagreement between USA executives and producers results in executives and producers results in producers leaving showproducers leaving show
Show changes as a result Show changes as a result Less emphasis on personal lifeLess emphasis on personal life More upbeat, less darkMore upbeat, less dark
4. External pressures4. External pressures
Source pressure- Big organizations Source pressure- Big organizations with power can garner greater with power can garner greater coveragecoverage You vs. WSUYou vs. WSU Corporations can get their voice heardCorporations can get their voice heard
Interest group pressureInterest group pressure Focus on the Family, American Family Focus on the Family, American Family
Association, Christian Parents Television Association, Christian Parents Television Council - Promote ‘family values’Council - Promote ‘family values’
Campaigns to voice opinionCampaigns to voice opinion
Advertisers- Threaten to pull money Advertisers- Threaten to pull money from programfrom program Fewer stories about car accidents, Fewer stories about car accidents,
negative effects of tobacconegative effects of tobacco More than 75% of editors said More than 75% of editors said
advertisers have threatened to pull advertisers have threatened to pull money (Australia)money (Australia)
90% have felt pressure in U.S.90% have felt pressure in U.S.
5. Ideology 5. Ideology
Ideology is a formal and articulated system of Ideology is a formal and articulated system of meanings, values and beliefs…that can be meanings, values and beliefs…that can be abstracted as ‘worldviews.’ abstracted as ‘worldviews.’
US ideology: US ideology: Economic- capitalism, private ownership, free Economic- capitalism, private ownership, free
marketsmarkets Political- liberal democracy, people have equal Political- liberal democracy, people have equal
worthworth These values are articulated and reaffirmed These values are articulated and reaffirmed
in media in media
Influences on contentInfluences on content
Five levels Five levels