Laws & Regulations

Electronic Media Industry Regulation▪ Handled by several organizations working

together Legislative, Executive, Judicial▪ Work together to allow checks and Balances

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

Funding from FCC Initially funded by taxes▪ Now includes fees from regulated media outlets

5 Commissioners (one is chairperson)▪ Determine policy

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

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

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

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

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

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

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)

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

• 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

• 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

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

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

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

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

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?

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

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

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

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

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