Chapter 14: Media Policy, Law, and Ethics

Terms

Policy: structures regulation Law: binding rules of state Standards: technical issues

Key communications policies

Freedom of speech and the First Amendment– Protecting political speech– Alien and Sedition Act

Limits on the First Amendment

Defamation Fairness Doctrine Obscenity Pacifica decision / Safe harbor Commercial speech: FTC

7 Dirty Words – Miller vs. California

Free speech and the Internet

History of the Communications Decency Act– Time magazine story– Challenged and

overturn of key provisions

– Self-regulation

TV & Film –Violence and the V-Chip MPAA film rating system

– Voluntary, self-regulation

Television ratings

TCA96 V-Chip provision– Parental controls v. State controls– Not much used

The Fourth Amendment and privacy Threats from public sources

– Initial fears of “big brother”

Threats from private sources– May be more significant today– US & European differences

Patent and Copyright law: Protecting intellectual property Ownership issues

– Abuse of market power

– Sherman Antitrust Act of 1890

Ownership and diversity

Diversity of ownership Diversity of content What is the relationship?

Concentration of ownership

Vertical integration Horizontal integration Cross-ownership

Integration

Musicians

Record Label

CD Manufacture

Record Club

Rec. Stores

Authors

Publisher

Printer

Trucking

Bookstores

Actors

Studios

Film/Video Manufacture

Theaters

Video Stores

Music Books Film

Spectrum Management

Frequency allocation Public interest

– Localism– Scarcity argument

ITU Digitization changing scarcity?

Technical Standards

Standards bodies International regulations and standards

– ITU

ICANN– DNS

Company standards– Proprietary Windows– Open Linux

The policymaking process

Federal regulation and policymaking

FCC Department of Commerce

– NTIA

Federal regulation and policymaking, continued FTC Justice The Courts The Congress

State and local regulation

PUCs Municipalities

Lobbies

Political Action Committees– National Association of Broadcasters– MPAA

Internecine Regulation

Industry Capture

Access to Media and Universal Service Basic telecommunications services

– Phone, 911

Which new media deserve universal service requirements?– Internet & TCA96

The Fifth Estate: The media in the policy process Media reporting of the policymaking

process Tracking perceived biases in media

Ethics in communications media

General considerations in individual ethics– Aristotle– Kant– Situation Ethics– JS Mill

Codes of ethics

Ethical issues for media professionals Accuracy of information Responsibility and fairness Confidentiality Source attribution Leaks Privacy

– Linda Tripp