Libel, Privacy, and Media Ethics Overview

Libel

False statement harming someone's reputation.

Third Party Communication

Statement must be shared with others.

Identification

Readers can identify the subject of the statement.

Injury

Statement must harm reputation or income.

Fault

Journalist or organization must be at fault.

Truth Defense

Truth can protect against libel claims.

Privilege

Protection for statements in government contexts. (protects against libel)

Opinion Defense

Opinions cannot be libelous as they aren't factual. (protects against libel)

Qualified Privilege

Press can report on legislative and court discussions. (protects against libel)

SLAPP

Lawsuit targeting public participation criticism.

Invasion of Privacy

Unlawful intrusion into personal life.

Intrusion

Intruding on someone's solitude or privacy.

Embarrassment

True but embarrassing facts not considered newsworthy.

False Light

Misleading implications about a person in media.

Misappropriation

Unauthorized commercial use of someone's name/image.

Right of Publicity

Control over commercial use of one's likeness.

Sheppard v. Maxwell

Landmark case on prejudicial press coverage.

Courtroom Access

Press access to courtroom proceedings varies.

Shield Laws

Protect journalists from revealing sources.

Telecommunications Act of 1996

Major reform in U.S. media regulation.

Bundle

Combination of telecommunications services offered.

Deregulation

Reduction of government rules in media.

Communications Decency Act

Regulates cable and internet content.

Broadcast Cross Ownership

One company owning multiple media outlets.

Media Cross Ownership

Broadcast company owning a newspaper in same area.

Central Hudson Case

Test for lawful and non-misleading advertisements.

Texas Gulf Sulphur Case

Court ruled that TGS had released a false and misleading press release
Public relations people can be held legally responsible for information they do not disclose about their companies

Five Philosophical Principles

Framework for ethical media behavior.

Golden Mean

Virtue lies between two extremes.

Kant Categorical Imperative

Categorical imperative
A moral obligation "we should act in a way in which we would be willing to have everyone act" (do unto others......)
Do not treat people as a means to reach an end
Cannot justify behavior based on desirable outcomes

John Stuart Mill Principle of Utility

Ethical behavior arises from that which will provide the greatest good for the greatest number

John Rawls Veil of Ignorance

Justice comes from making decisions that maximize liberty for all people and without considering which outcome will give us personally the biggest benefit

Judeo-Christian Ethics

"Love your neighbor as yourself." Under this long standing ethic of religious heritage, people should care for one another—friends as well as enemies—equally and without favor.

News Councils

originating in Great Britain, a news council is an organization set up to look into complaints about journalism.

Readers' Representatives

also called on ombudsperson or public reporter, this is a go-between at a media company who responds to complaints from the public and regularly publishes answers to criticism in the newspaper

Correction Boxes

A device that often is handled by a readers' representative but also has been adopted by media organizations without a readers' representative.

Hot spot

A public area where people can connect to the internet wirelessly
Global hotspot numbers change quickly but the more developed and freerthe country, the more hotspots you will find.

Media Control in Communism

Strict regulation of print and broadcast media.

Middle Eastern Media

Heavily regulated and often government-controlled.

TV License Fee

People who live in the United Kingdom are responsible for paying a yearly TV fee license fee. Around $192/year

African Media Landscape

Diverse languages and low literacy impact media.

Media in Asia

Diverse media landscapes across various countries.

Digital Media Impact

Opens channels for global communication.

Five political theories describe how the world media operated

1956, University of Illinois Fred Siebert, Theodore Peterson and Wilbur Schramm (initially only four)

china

2008 Beijing Olympics government pledges to open up media outlets
The government produces most of the nation's TV programming

australia

The rupert Murdoch empire controls 60 percent of newspaper circulation
Australian Broadcasting Corporations (ABC), modeled after the BBC dominates broadcasting

broadcast media in latin america and cuba

cuba's broadcast media are controlled totally by the government
In Costa Rica and Ecuador, the broadcast media are privately owned.
In Brazil, private owners hold most of the radio stations and television networks.

Media in Latin America and Caribbean

In Latin America, media are part of the same power structure that controls politics, business and industry

print Media in Latin America and Caribbean

in Santiago, Chile, the newspaper El Mercurio was founded in 1827.Today El Mercurio company owns 9 newspapers and 32 radio stations
Home delivery for newspapers and magazines is uncommon

What do critics cite regarding Western communication?

Bias

What is a benefit of social media in communication?

Quick to inform

What is a drawback of social media?

Easy to manipulate

How does the internet affect mass media?

Expands its global reach

What risk do journalists face when reporting world events?

They risk their lives

What do digital media open up?

Communication channels

What do global media chase?

International customers

What legislation did the European Union enact?

Digital Service Act

India

After independence, print media had multiplied 1,00 times-from 200 publications in 1957 to nearly 25,000
One of the most prosperous industries in india today is filmmaking (Bollywood)

What is the role of the press in communist theory?

The press is run by the government to serve the government's own needs.

japan

More newspaper readers than any other nation in the world

How are the media viewed in communist theory?

The media are an instrument of the government and the communist party.

What should the media be closely tied to in communist theory?

The media should be closely tied to other sources of government power and authority.

What is the main purpose of the media in communist theory?

The media's main purpose is to act as a tool for government propaganda.

Libertarian theory

The press does not belong to the government but is instead a separate institution that belongs to the people and serves as an independent observer of the government
Views people as moral beings
Principles
People want to know the truth and be guided by it.
The only way to arrive at the truth is forideas to be freely and openly discussed.
Different people will have different opinions, and everyone must be allowed to develop his or her own.
The most rational ideas will be the most accepted.
Major Functions of the press: Inform, entertain, and advertise
The primary threat to freedom of speech and communication comes from the government
Hanson's opinion is that it comes from the marketplace

What is the Social Responsibility theory in journalism?

It is based on the concern that the press can be controlled by corporate interests despite being free from government interference.

What is one obligation of the press according to Social Responsibility theory?

To provide the news and information needed to make the political system work.

What role does the press serve in self-governance according to Social Responsibility theory?

It gives the public the information needed for self-governance.

How does the press serve as an overseer of the government?

By monitoring government actions and holding it accountable.

What economic function does the press serve according to Social Responsibility theory?

It brings together buyers and sellers through advertising.

What is one of the functions of the press related to entertainment?

To provide entertainment.

What is a financial obligation of the press according to Social Responsibility theory?

To be profitable enough to avoid outside pressures.

What is the main principle of Authoritarian Theory regarding the press?

The press is to be a servant of the government, not a servant of the citizenry.

What historical roots does Authoritarian Theory have?

Roots in royal control.

In which types of countries is Authoritarian Theory most prevalent?

Countries that are developing mass media and most totalitarian states.

What is one method used under Authoritarian Theory to control the press?

Giving permits to only certain printers.

What are some consequences for violating press standards under Authoritarian Theory?

Prosecution, arrests, torture, arson, imprisonment, and other more subtle methods.

Who invented movable type, which rooted print media in Western Europe?

Johannes Gutenberg

What journalistic values have Canadian journalists adopted from the U.S.?

Fairness and balance

How do Western European newspapers differ from Canadian newspapers in terms of partisanship?

Western European newspapers are more partisan.

What is causing print media in Western Europe to lose audiences?

Broadcast media, cable, and the internet

Who originally controlled most of Western Europe's broadcast stations?

The government

BBC

British Broadcasting Corporation, the government-funded British Broadcast network

What role did mass media play in Eastern Europe during the transition?

Mass media played a central role in upsetting the established power structure.

How was print media controlled under Communism in Eastern Europe?

Print media were strictly controlled, with high-ranking party officials forming the core of media management.

What is Pravda?

Pravda was a prominent newspaper in the Soviet Union, known for its role in Communist propaganda.

How did broadcast media develop in Eastern bloc countries?

Broadcast media, particularly television, developed under communist direction as the governments were in power before TV use was widespread.

How is print media controlled in the Middle East?

The Middle Eastern press is tightly controlled by government restrictions, through ownership and licensing.

What happens to opposition newspapers in the Middle East?

It is not uncommon for opposition newspapers to disappear.

What risks do journalists face in the Middle East?

Journalists may be jailed or forced to leave the country following upheaval.

What is notable about broadcast media in the Middle East?

The foreign-language press is especially strong due to a large number of immigrants.

How is radio and television controlled in Middle Eastern countries?

Governments within each country control radio and television almost completely.

Which country has been named the most dangerous for working journalists by Reporters Without Borders?

Egypt

U.S. Constitution sets the First Free Press Precedent

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; Or abridging the freedom of speech or of the press; Or The right of the people peaceably to assemble, and to petition the Government for a redress of grievances"

What newspaper accused William Cosby of corruption?

New York Journal

Why was John Peter Zenger thrown in jail?

For seditious libel (criticizing the government)

What was Zenger's defense in his trial?

The charges were true

What was the outcome of Zenger's trial?

Jury found Zenger 'not guilty'

What significant legal principle was established by the Zenger case?

Truth as a defense against libel

Who was Zenger's lawyer during his trial?

Alexander Hamilton

The Alien and Sedition Laws of 1798 - John Adams

Fine of up to $2,000 and a sentence of up to two years in jail for anyone found guilty of "false, scandalous and malicious writing or writings" against the government. Congress or the president