Intro to Mass Communication Chapter 13 - Media Law and Ethics

First Amendment

Says Congress shall “make no law” against freedom of speech or the press

Sedition Act

Act says you cannot speak against the government; goes against the First Amendment

Federal Trade Commission (FTC)

Signed into law in 1914 by President Wilson

Federal Communications Commission (FCC)

Part of FDR’s New Deal program (1934). Neutered in the 1980s (worked with radio, television, and internet; controls “public space” that the media space operates in)

Federal Privacy Act of 1974

1974 act that protects how personal information is collected, used, and published

Expanded

Since 9/11/01, the federal government’s right to access citizens’ personal information has ________

USA Patriot Act

Allowed government access to personal records held by internet service providers; Can tap email and web searches if suspected of terrorist activity (national security grounds) 

USA Patriot Act

Long Title: An Act to deter and punish terrorist acts in the United States and across the globe, to enhance law enforcement investigatory tools, and for other purposes; Expired in 2020

Freedom Act of 2015

2015 act; Long Title: An Act to reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes 

Copyright

Protects the rights of the creator of intellectual or artistic works

Copyright Infringement

Distributing, copying, or modifying works without permission is a _________ ____________

Communications Decency Act

Originated in 1996 to regulate pornography online; Most of the Act was struck down by the Supreme Court but Section 230 of the Act remained

Section 230

• Originated in 1996 to regulate pornography online (Communications Decency Act)

• Most of the Act was struck down by the Supreme Court but _______ ___ of the Act remained 

“Good Samaritan” Clause

No internet service provider can be treated as a publisher of content (Found in Section 230 of Communications Decency Act)

First Amendment

“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” 

1798 Sedition Act

Declared that any “writing, printing, uttering, or publishing any false, scandalous and malicious writing or writings against the government of the United States” was a crime 

FTC and FCC

___ (Federal Trade Commission) and ___ (Federal Communication Commission) have shaped American media and their interactions with both the government and audiences 

Federal Trade Commission (FTC)

• Founded September 26, 1914 

• Government agency in charge of overseeing interstate business and trade practices in the United States 

• Could conduct investigations, gather information, and publish reports 

Radio Act of 1927

Act created in 1927 that intended to “bring order to the chaotic situation that developed as a result of the breakdown of earlier wireless acts passed during the formative years of wireless radio communication”; Lasted 7 years until 1934 when it was engulfed by the FCC 

Federal Communications Commission (FCC)

• Communications Act of 1934 allowed FCC to become the government agency in charge of overseeing interstate communications in the US 

• Since its creation the FCC has been “charged with regulating interstate and international communications by radio, television, wire, satellite, and cable” 

• Contains three major divisions: broadcast, telegraph, and telephone 

Communications Act of 1934

1934 act that allowed FCC to become the government agency in charge of overseeing interstate communications in the US

Media Bureau

• Bureau that oversees licensing and regulation of broadcasting services 

• “Develops, recommends, and administers the policy and licensing programs relating to electronic media, including cable television, broadcast television, and radio in the US and its territories” 

• Central to rulings on children’s programming and mandatory closed captioning 

Wireline Competition Bureau (WCB)

Bureau responsible for “rules and policies concerning telephone companies that provide interstate – and, under certain circumstances, intrastate – telecommunications services to the public through the use of wire-based transmission facilities” 

New York Times “objective” reporting style and newspaper editor codes for ethical behavior

Two developments pushed back on trends of yellow journalism 

“The Canons of Journalism”

1923, American Society of Newspaper Editors (ASNE) created “___ ______ __ __________” which outlined the responsibilities of journalists and the need for fair and impartial reporting 

Motion Picture Production Code

1930, film industry developed the ______ _______ _________ ____ which was a set of guidelines for “acceptable” content followed by most film producers for more than 50 years (known as the Hays Code) 

Law

Stipulates what can and cannot be done

Ethics

Stipulate what should and should not be done

Libel

• One of the most talked about topics in media law 

• Almost any media producer, from newspaper journalist to television anchor to filmmaker, can be prosecuted for libel if they break the law 

• Almost any citizen can sue for libel if they feel they have been wronged 

Defamation

_________ – false statements that can harm a reputation; Libel and slander are acts of this 

Libel

If defamation statements are printed or broadcast, they are _____

Slander

If defamation statements are spoken, they are _______ 

New York Times v. Sullivan

Most famous and important Supreme Court case regarding libel is ___ ____ _____ _ ________

• Court said that in order to sue for libel that public officials would have to prove “actual malice” and “reckless disregard for the truth” - no that the media outlet had made a mistake but had done so maliciously, a very difficult standard for someone to prove 

Journalists

From the Society of Professional Journalists Code of Ethics 

___________ should: 

• Minimize harm 

• Balance a suspect’s right to a fair trial with the public’s right to know. Consider the implications of identifying criminal suspects before they face legal charges 

• Consider the long-term implications of the extended reach and permanence of publication. Provide updated and more complete information as appropriate 

Prior Restraint

Censorship in which something is reviewed and restricted before it is even published or broadcast 

Prior Restraint

Court confirmed that _____ _________ could only occur in extremely limited circumstances such as national security issues 

“Pentagon Papers”

“_________ ______” were allowed to be published as the Supreme Court ruled in New York Times v. Nixon that “national security” was being used to restrain information embarrassing and critical of the government 

Journalists

From the Society of Professional Journalists Code of Ethics 

___________ should: 

• Take responsibility for the accuracy of their work. Verifying information before releasing it. Use original sources whenever possible. Remember that neither speed nor format excuses inaccuracy 

• Be vigilant and courageous about holding those with power accountable. Give voice to the voiceless 

• Recognize a special obligation to serve as watchdogs over public affairs and government. Seek to ensure that the public’s business is conducted in the open, and that public records are open to all 

Private Companies

________ _________ are not (as of yet) held to the First Amendment standards of the government 

Obscenity

Miller v. California in 1973 remains the prevailing standard for issues of ________

Three-Part Test

In Miller v. California the Supreme Court adopted a _____-____ ____ – what Chief Justice Warren E. Burger called “guidelines” for jurors 

• (1) Whether the average person, applying contemporary community standards, would find that to work, taken as a whole, appeals to the prurient interest 

• (2) Whether the work depicts or described, in a patently offensive way, sexual conduct specifically defined by the applicable state law 

• (3) Whether the work, taken as a whole, lack serious literary, artistic, political, or scientific value 

Pornography

Obscenity now refers to a narrow category of ___________ that violates contemporary community standards and has no serious literary, artistic, political, or scientific value 

• Child pornography receives no protection 

• For adults at least, most other pornography – material of a sexual nature that arouses many readers and viewers – receives constitutional protection 

FCC

In broadcasting, ___ is charged with making sure broadcasters do not air obscene programming 

“Indecent”

FCC has gone further with limits because children can access television 

• Limits “________” material, containing graphic sexual or excretory depictions 

• Material deemed ________ cannot be broadcast between the hours of 6 am an 10 pm, to make it less likely that children will be exposed to it 

Equal Time Rules

• Passed by Congress in 1927 as Section 315 of the Communication Act 

• The equal opportunity requirement was the first major federal broadcasting law 

Section 315 of the Communication Act

• Legislators feared that broadcasters and stations would be able to manipulate elections by giving one candidate ample air time 

• Candidates cannot receive free airtime unless their opponents do as well 

• _______ ___ ensures that television and radio stations cannot favor any one political candidate over another 

Exempt

News programs, interviews, and documentaries are ______ from the requirements of Section 315 

• Allows media outlets to report on the activities of a candidate without also having to cover the activities of their opponent 

Fairness Doctrine

________ ________ was enacted in 1949 by the FCC as an update to equal time rules 

• Pushed broadcasters to not only offer equal time but to “ensure that all coverage of controversial issues by a broadcast station be balanced and fair” 

• Ironically was considered to be infringing on the rights of free speech and freedom of the press granted by the First Amendment 

Journalists

From the Society of Professional Journalists Code of Ethics 

___________ should: 

• Label advocacy and commentary. Never deliberately distort facts or context, including visual information. Clearly label illustrations and re-enactments 

• Support the open and civil exchange of views, even views they find repugnant 

• Avoid stereotyping. Journalists should examine the ways their values and experiences may shape their reporting 

Miller v. California

Court case in 1973 that said that findings of obscenity could be influenced by community standards 

“The Right to Privacy”

Samual Warren and Louis Brandeis published “___ _____ __ _______” in the 1890 Harvard Law Review which led to the formation of privacy law 

Privacy

Defined by “The Right to Privacy” as the right to be left alone 

Federal Privacy Act of 1974

• 1974 act that is designed to protect how individuals’ personal information is collected, used, and published 

• Also regulates how federal agencies can collect, store, and use information and requires agencies to tell individuals when they are collecting information about them 

Journalists

From the Society of Professional Journalists Code of Ethics 

___________ should: 

• Recognize that legal access to information differs from an ethical justification to publish or broadcast 

• Balance the public’s need for information against potential harm or discomfort. Pursuit of the news is not a license for arrogance or undue intrusiveness 

• Realize that private people have a greater right to control information about themselves than public figures and others who seek power, influence, or attention. Weigh the consequences of publishing or broadcasting personal information 

Privacy Act

_______ ___ is designed to ensure that the First Amendment privacy rights of individuals are balanced with the media’s First Amendment rights to hold government officials accountable 

• Under Privacy Act, media personnel must be careful to avoid revealing certain information about an individual without their permission, even if that portrayal is factually accurate 

Personal Information

Media companies (Google, Facebook, Amazon) and others survive by collecting the _______ __________ of their users 

Available

Before using those services (Google, Amazon, Facebook), individuals agree to make their personal information _________

“Cookies”

• Text files that web page servers embed in users’ hard drives to help search engines keep track of their customers’ search histories, buying habits, and borrowing patterns 

• Used to customize your searches and also deliver customized third-party ads based on your demographics and behavior 

“Digital Dossiers”

Data providers are now able to pool offline data and demographics to create “_______ _________” (detailed digital records of a particular subject or market) 

Complete Picture

Combination of online and offline information provides a nearly ________ _______ of someone’s life 

GDPR

European Union Passed the ____ (General Data Protection Regulation)

• Quite comprehensive data protection legislation that emphasizes the importance of accountability, consent, and security 

• Huge potential fines for violation of data protection by tech giants 

Electronic Communications Privacy Act of 1986

1986 act that banned eavesdropping on personal communications but did not actually create a right to privacy in telephone or e-mail communications – meaning those conversations could be used by law enforcement agencies

USA Patriot Act

Expanded the federal government’s rights to access citizens’ personal information 

• Authorities have access to personal records held by internet service providers and other third parties, and government officials can tap into an individual's email communications and web searches if they are suspected of terrorist activity or of having connections to terrorist activity 

Edward Snowden

In 2013, a former computer intelligence consultant for the US National Security Agency, ________ ________, leaked highly classified information showing massive surveillance of ordinary citizens and world leaders, sparking an international conversation around privacy

Copyright Law

Encompasses almost all creative work that can be written down or otherwise captured in a tangible medium 

• Includes literary works; music works; dramatic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works 

Intellectual Property Law

Protects “products of the mind” 

• Includes copyrights, patents, open licenses, trademarks, trade secrets, URLs, domain names, and other products 

• Generally follows the same guidelines as copyright law 

Length of Time

Copyright lasts only a certain ______ __ ____ (70 to 120 years depending on the publication circumstances) 

“Public Domain”

After copyright ends, the works enter the “______ ______” - they are free to be used and copied without permission 

1923

In US, anything published before _____ is automatically in the public domain 

“Fair Use”

One of the significant limitations of copyright law is the policy of “____ ___” under which the public is entitled to freely use copyrighted information for purposes such as media criticism, commentary, news reporting, teaching, scholarship, research, or parody 

Four Issues to Consider When Determining Fair Use

According to US government, there are four issues to consider when determining fair use 

• (1) the purpose and character of the use, including whether such use if of commercial nature or is for nonprofit educational purposes 

• (2) the nature of the copyrighted work 

• (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole 

• (4) the effect of the use on the potential market for, or value of, the copyrighted work 

World Intellectual Property Organization (WIPO)

In 1996 the _____ _________ _______ ____________ (WIPO) established two treaties designed to “update and supplement the major existing WIPO treaties on copyright and related rights, primarily in order to respond to developments in technology and in the marketplace 

WIPO Copyright Treaty (WCT)

Created by WIPO to protect authors of literary and artistic works, including computer programs, original databases, and fine art 

WIPO Performances and Phonograms Treaty (WPPT)

• Deals with “related rights” or rights connected to copyright 

• Law was created by WIPO to protect the rights of performers and producers of sound recordings 

Superstar

Under current regulations, streaming on Spotify benefits only _________ musicians 

Communications Decency Act

1996 Congress passed the ________________ _______ ___ (CDA), a federal law meant to regulate pornography online 

Section 230 of Communications Decency Act

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” 

• Says the provider cannot be held responsible for the words or images that they publish, even if that content is illegal 

• Some exceptions include sex trafficking and abuses of intellectual property (why you see YouTube take down videos that use copyrighted songs without permission) 

Advertisers

Companies collect as much information as they can about you and provide that information to ___________ – who pay the tech companies huge sums of money to run their targeted ads 

General Data Protection Regulation (GDPR)

______ ____ _________ _________ (GDPR) cut into the very heart of profit-making by Google and Facebook 

California Consumer Privacy Act

In the US, the __________ ________ _______ ___ (CCPA) has many similarities to the GDPR 

Stephen J.A. Ward

________ __ ____ of the Center for Journalism Ethics argues, “A media revolution is transforming, fundamentally and irrevocably, the nature of journalism and its ethics. The means to publish is now in the hands of citizens, while the internet encourages new forms of journalism that are interactive and immediate” 

Market Forces

______ ______ – the ability to make a profit or at least survive – are different and can have ethical consequences at both the national and local media level 

National Media Level

• Television news media exists in a crowded field (CNN, Fox, MSNBC) 

• Many of these national news channels have found that the way to attract that audience is to supply them with a certain political orientation that the audience agrees with and enjoys 

Local Media Level

• Most cities have one newspaper and three local television stations 

• Need to appeal to a larger percentage of their market 

• Less partisan news at local level and more trust in local media 

• May be able to rebuild the trust that many people have lost in the news 

Technology Companies

__________ _________ will need to build ethical thinking into their decision-making, even if only driven by the bottom line 

Artificial Intelligence (AI)

___________ ___________ (AI) will be an area in which media ethics will need to be at the forefront

Ethics

______ will rise in the importance in the 2020s as individuals and tech companies assume greater responsibility for media ethics