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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