Juan Monroy
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  1. Home
  2. Courses
  3. Introduction to Electronic Media
  4. Electronic Media: Regulation and Self-Regulation

Electronic Media: Regulation and Self-Regulation

  • 1 Libel
    • 1.1 statement must injure or diminish a person’s reputation
    • 1.2 statement must be published
      • unlike slander
      • written
      • broadcast
    • 1.3 statement must be false
    • 1.4 Exemptions from Libel
      • qualified privilege
        • judicial or legislative hearings
        • public statements may be libelous
      • absolute privilege
        • court of law
        • attorneys may make accusatory statements
      • opinion
      • fair comment or criticism
      • public individuals
        • public officials
        • professional athletes
        • entertainers
        • must prove actual malice
  • 2 Copyright
    • 2.1 intellectual property
    • 2.2 “fixed and tangible means of expression”
    • 2.3 monopoly over publication (copy)
    • 2.4 protects derivative works
    • 2.5 “fair use”
      • borrow limited amounts of material
      • quote as part of a larger work
      • does not require payment/permission
    • 2.6 music licensing
      • broadcasters pay royalties to composers
        • negotiated rate: blanket fee
        • licensing houses
          • American Society of Composers, Artists, and Publishers
          • Broadcast Music Incorporated
          • Society of European Stage Authors and Composers
        • do not pay performance rights
      • satellite and Internet radio
        • unfair position
          • composer royalties
          • performance royalties
    • 2.7 Digital Millennium Copyright Act (1998)
      • anti-circumvention
      • protects Internet service providers for transmitting infringing material
      • obligated ISPs to remove infringing material
      • requires Internet radio stations to pay recording royalties
    • 2.8 peer-to-peer
      • file sharing
      • Napster (1999)
      • Grokster (2005)
      • Limewire (2010)
  • 3 Invasion of Privacy
    • 3.1 private facts
      • humiliation or shame
      • offensive to a person of “reasonable sensibilities”
      • newsworthiness of information
    • 3.2 intrusion
      • invasion person’s seclusion or solitude without consent
      • trespass adds the physical invasion on private property without permission
    • 3.3 false light
      • presenting information in distorted way
      • information must be false
      • must prove actual malice
    • 3.4 commercial exploitation
      • unauthorized use of a person
      • promotion of a commercial venture
      • written consent
      • right to publicity
  • 4 Shield Laws
    • 4.1 privilege from testifying in a court of law
      • no federal shield law
      • state by state
    • 4.2 journalists protecting confidential sources
    • 4.3 government can compel reporters to reveal sources
      • journalist has information that bears directly on the case
      • evidence cannot be obtain from any other source
      • evidence is crucial in the determination of the case
    • 4.4 must strike a balance
      • freedom of press
      • duty of court to exercise justice
  • 5 Obscenity
    • 5.1 Miller v. California (1973)
    • 5.2 Whether “the average person, applying contemporary community standards”, would find that the work, taken as a whole, appeals to the prurient interest
    • 5.3 Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable state law
    • 5.4 Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value
  • 6 Federal Communications Commission
    • 6.1 Federal Radio Act 1927
    • 6.2 Federal Communications Act 1933
    • 6.3 Five Commissioners
      • appointed by president
      • confirmed by senate
      • no more than three from each political party
    • 6.4 roles
      • grants licenses
      • makes policies
      • enforces regulations
      • renews or denies licenses
    • 6.5 does not directly govern cable, satellite, or Internet
  • 7 Equal Opportunity
    • 7.1 Section 315
      • “If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcast station”
    • 7.2 legally qualified candidate for public office
      • publicly announced intention to run for office
      • legally qualified for the office
      • initiated steps to qualify for the ballot or write-in
    • 7.3 candidates must request equal opportunity
      • equal time
      • equal rates
      • must oppose each other
    • 7.4 “use” of a broadcasting facility
      • voice or picture
      • program or commercial spot
    • 7.5 exemptions to Section 315
      • bona fide newscasts
      • bona fide news interviews
      • appearance is incidental
      • on-the spot news coverage
  • 8 Profanity
    • 8.1 irreverent or blasphemous use of God
    • 8.2 divine condemnation as to constitute a public nuissance
    • 8.3 “God will damn you”
  • 9 Indecency
    • 9.1 depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium. In each case, the FCC must determine whether the material describes or depicts sexual or excretory organs or activities and, if so, whether the material is “patently offensive.”
    • 9.2 nudity
    • 9.3 four-letter words
    • 9.4 George Carlin, WBAI (1973)
    • 9.5 FCC vs. Pacifica (1978)
    • 9.6 safe harbor
  • 10 Cable Regulations
    • 10.1 FCC does not license cable systems
      • not a scarce medium
      • not intrusive
      • exempt from indecency rules
    • 10.2 local franchise authority
      • licensed for a limited period, 10–15 years
      • negotiated contract
    • 10.3 must carry rules
      • local channels
      • distant signals

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