5th edition
John V Pavlik & Shawn McIntosh
Chapter 11:Communication Law and Regulation in the
Digital Age
THE LEGAL FRAMEWORK Thomas
Jefferson: “Information is the currency of democracy”
The press: Critical watchdog of government; unofficial “fourth branch,” or fourth estate of government
THE FOUNDATIONS OF FREEDOM OF EXPRESSION National securityClear and present danger
Prior restraintLibelNYT vs. Sullivan (1964)Protecting journalists against libel
Shield laws
THE FOUNDATIONS OF FREEDOM OF EXPRESSION
CensorshipThe censorship of comics
The Hays CodeIndecent contentObscenityCriticism, Ridicule or Humor
THE EVOLUTION OF REGULATING ELECTRONIC MEDIA
Early days and the Radio Act of 1912 (1911-1926)
Increasing regulation and the Federal Radio Commission (1927-1933)
THE EVOLUTION OF REGULATING ELECTRONIC MEDIA The
Communication Act and spectrum scarcity (1934-1995)
The Telecommunication Act and its effects (1996-
present)
Electronic media regulation internationally
THE FEDERAL COMMUNICATIONS COMMISSION (FCC)
The Federal Communications Commission (FCC): the principal communications regulatory body at the federal level in the United States
THE FEDERAL COMMUNICATIONS COMMISSION (FCC)
Universal service The FCC, license
renewal and regulatory power
Spectrum auction
REGULATING COMMERCIAL AND POLITICAL SPEECH
The Federal Trade Commission (FTC): enforces antitrust and consumer protection laws, including cases of deceptive advertising in print, electronic media, and the Internet
REGULATING COMMERCIAL AND POLITICAL SPEECH Commercial
speechTobacco and alcohol advertising
Unclear regulatory boundaries
Political speechEqual-time ruleFairness Doctrine
CHILDREN’S PROGRAMMING PROTECTIONS
The Children’s Television Act
Violent and sexual programming: The V-chip
INTELLECTUAL PROPERTY RIGHTS
Intellectual property
Copyright Patent Trademark Fair use
PRIVACY
Entertainment media: All members of the public appearing on shows, such
as reality shows, game shows, or talk shows, must sign a waiver
granting permission for the show to use their image
PRIVACY Journalists: Try to get information
that others wish to keep private; difficult to obtain records or private information without breaking trespass, eavesdropping, or privacy laws.
Right to privacy: differs between private citizens and celebrities or public figures
LEGAL ISSUES IN THE DIGITAL WORLD
Digital rights management
Privacy Content rights
and responsibilities