Media Law & Ethics

1st Amendment

Definition: Untrue declarations about private citizens that may damage their reputations.
- Types of Defamation:
  - Libel: Written statements that harm reputation.
  - Slander: Spoken statements that harm reputation.
- 6 Elements of Defamation:
  1. Publication: The defamatory statement must be published in some form such as newspapers, magazines, books, or online broadcast.
  2. Identification: The person targeted must be identifiable, either by name, character traits, job description, or in fiction.
  3. Defamation: The statement must harm the reputation of another, lowering their standing in the community.
  4. Falsity: The information presented must be proven false.
  5. Fault: The defendant must have known or should have known the truth with reasonable care.
  6. Injury: The victim must suffer some form of financial damage, damage to reputation, or mental anguish.

Consent: If the person consented to the publication, they cannot claim defamation.
Truth: The best defense against libel and slander is proving the statement is true.
Qualified Privilege: Journalists cannot be held liable for libel or slander if they quote a public official making a statement that is defamatory.
Opinion vs. Fact: Expressions of opinion are generally protected unless they imply false underlying facts.
Parody/Satire: Creative works that are humorous or satirical are often protected under free speech.

Requirements: Public figures must prove all the elements of libel and slander plus demonstrate "actual malice" (knowledge of falsity or reckless disregard for the truth). This also applies to involuntary public figures.

George Carlin: Performed his famous "Seven Dirty Words" routine; arrested in Milwaukee on July 21, 1972; Supreme Court ruling in 1973 shaped free speech laws.
Jackson/Timberlake Incident: During the 2004 Super Bowl, a wardrobe malfunction led CBS to be fined $550,000, resulting in MTV being barred from producing future Super Bowl halftime shows.
Joe Flacco: Following the 2013 Super Bowl, CBS received multiple complaints, with the FCC dealing with a backlog of 1.5 million complaints.
David Ortiz: Involved in a key incident at Fenway Park on April 20, 2013, which attracted FCC's attention.

Definition: Taking someone else’s work and presenting it as one’s own. Three primary forms:
- Intentional theft of someone else’s work, whether in part or whole.
- Inadvertently failing to cite a source.
- Lack of understanding of plagiarism rules resulting in accidental plagiarism.

Pressures include the need to make stories interesting, the urgency to break news first, the duty to maintain objectivity, and the importance of covering all sides of a story.

Definition: Moral rules that guide actions in the profession.
- SPJ Code of Ethics:
  - Seek truth and report it.
  - Minimize harm.
  - Act independently.
  - Be accountable.

Stephen Glass: Wrote fabricated stories for The New Republic, most notably "Hack Heaven"; the scandal was depicted in the film "Shattered Glass".
Jason Blair: Resigned from The New York Times on May 1, 2003, following revelations of plagiarism and falsification in articles; acknowledged in a NYT article on May 11.
Janet Cooke: Authored "Jimmy's World", a fabricated story about an 8-year-old heroin addict; led to serious ethical ramifications in journalism.
Allan Detrich: A photographer for the Toledo Blade caught photoshopping his images.
Quen/David Bowie vs Vanilla Ice: Involved issues of copyright in copying soundtracks, raising ethical questions regarding originality in music.