copyright © 2006 allyn and bacon9-1 william r. davie and james r. upshaw chapter eleven - law this...

Copyright © 2006 Allyn and BaconCopyright © 2006 Allyn and Bacon 9-9-11

William R. Davie and James R. UpshawWilliam R. Davie and James R. UpshawChapter Eleven - Law

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Principles of Electronic MediaPrinciples of Electronic MediaPrinciples of Electronic MediaPrinciples of Electronic Media


Principles of Electronic MediaPrinciples of Electronic Media Chapter Eleven - LawChapter Eleven - Law


Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-

American act that could most easily defeat us.

U.S. Supreme Court Justice William O. Douglas




Principle #1

The government licenses broadcasters to serve the public interest.

“Because broadcast waves are a natural resource – one defined as scarce and limited – their use is guarded in laws established by Congress and enforced through an executive agency, the Federal Communications Commission” (246).




Beginning with the Rule of Law

Wireless Ship Act of 1910 – Wireless Rules

From 750kHz to 550 – 1500kHz

The Intercity and Zenith Cases

Enforcement

Radio Control Bill of 1927 – The FRC to the FCC

Herbert Hoover


Public Interest Vs. ProfitPublic Interest Vs. ProfitPublic Interest Vs. ProfitPublic Interest Vs. Profit

Radio was immediately realized for its commercial potential. John R. Brinkley “Medical Question Box

Show” “Bullet Bob” Shuler: Hate speech, defamation Aimee McPherson: “Please order your

minions of Satan to leave my station alone. You cannot expect the Almighty to abide by your wavelength nonsense” (248).




Principle #2

Public ownership of the spectrum requires government oversight over the use of its frequencies.


Principles of Electronic MediaPrinciples of Electronic Media Chapter Eleven- LawChapter Eleven- Law

Principles of Electronic MediaPrinciples of Electronic Media Chapter Eleven- LawChapter Eleven- Law

Federal Communications Commission

The FRC became the FCC in 1934 when

its oversight was extended to include all

electronic media


FCC StructureFCC StructureFCC StructureFCC Structure

Structure

Membership

Five commissioners appointed by the President.

One commissioner also serves as Chairperson.

Only three commissioners may be of a single

political party



Making Rules

Notice of Inquiry

Notice of Proposed Rule Making

Report and Order



To receive a license to broadcast you must… Obtain a Construction Permit by… Confirming your U.S. citizenship. Confirming your character (no felons). Confirming your finances (having sufficient

resources to run the station without profit for three months).


FCC PenaltiesFCC PenaltiesFCC PenaltiesFCC Penalties

The FCC may issue fines or revoke licenses for… Obscenity or indecency Soliciting money under false pretenses Violations of the public trust




Principle #3

The scarcity of spectrum space limits broadcast frequencies and station licenses.




Principle #4

Competitive bidding—not the promise of performance—determines who gains access to telecommunications channels.




Media Ownership

Almost all U.S. media comes from five

source corporations: Time Warner, Disney,

News Corporation, Viacom, and Bertelsmann.


Media OwnershipMedia OwnershipMedia OwnershipMedia Ownership

1952 “rule of sevens” cap on ownership “This simply meant that the maximum

number of broadcast outlets for any one person or corporation to own was seven AM, seven FM, and seven TV stations. The rationale was that more broadcast owners meant more differences of opinion and more diversity in the marketplace of ideas, and that formula stood until 1984” (254).



The Telecommunications Act of 1996 The “all you can own” rule for radio stations. “There are rules governing the number of

radio stations, TV stations, and newspapers one owner can control by applying a formula to take into account the varying sizes of the media markets” (254).



Diversity in ownership Capital gains tax breaks given to broadcast or

cable properties that were sold to women or minorities.

Partial recovery of investment in cases of distress sales to women and minorities.

Both of these programs were done away with in 1995.




Principle #5

Media consolidation leads to monopoly if left unregulated.




Delivery Systems and Regulation

Cable Franchising

Cable Communication Policy Act of 1984: Gave FCC

power over cable regulation and permitted cable

companies to set their own rates

1992 Cable Law: Set limits on cable fees and promoted

competition through “overbuild.”

Must-Carry Controversies




Delivery Systems and Regulation

Regulating Satellites

“Satellite systems are licensed, and the Cable Television

Consumer Protection and Competition Act of 1992

granted satellite television equitable access to all cable

channels available” (260).

Multipoint Multichannel Delivery Systems


Delivery Systems and Delivery Systems and RegulationsRegulations

Delivery Systems and Delivery Systems and RegulationsRegulations

The Telephone Companies

FCC “Video Dial Tone” decision of 1992

Permitted common-carrier video service through wires

The Telecommunications Act of 1996

Lifted cross-ownership ban on telephone and cable services

These factors together acted to unite phone and

cable services.




Establishing Standards for Content

The Fairness Doctrine

“The fairness doctrine grew out of the FCC’s

longstanding commitment to ‘the free and fair

competition of opposing views’” (261).


The Fairness DoctrineThe Fairness DoctrineThe Fairness DoctrineThe Fairness Doctrine

“The commission’s Fairness Report in 1985

deemed the Fairness Doctrine a failure. Congress

desagreed and tried to codify the doctrine into law.

President Reagan’s likely veto and radio talkshow

host Ruch Limbaugh were all that stood in the

way – but they were enough” (261).


The Fairness DoctrineThe Fairness DoctrineThe Fairness DoctrineThe Fairness Doctrine

Clinton attempted to revive the fairness

doctrine by inviting a new bill, but it lacked

the necessary congressional support.




Principle #6

Advocacy groups influence policy and law for electronic media, including children’s television.




Intellectual Property

Three areas of trademark protection

Slogans, Logos and Brand Names

Patents for inventions

Copyright protection for a “fixed, tangible

medium of expression” (one cannot copyright an

idea).


Fair UseFair UseFair UseFair Use

“Fair use is the term for a privilege to use copyrighted material in a reasonable manner without the owner’s consent

Limited use for a useful literary purpose.



The Copyright Act of 1976 Four Criteria for Fair Use

Did the original work fall under copyright protection? How much of the substantive content was exploited? Was that secondary use intended to make a profit? Will that use affect future profits for the copyright

holder?



Roy Orbison Vs. 2 Live Crew for “Pretty Woman”

Woody Allen (image) Jackie Onassis (image)




Principle #7

There is no absolute protection for one's ownership of original and creative content.




The First Amendment – Free Speech

Defamation: Slander and Libel

Public & Private Figures

Malicious intent (knowledge of falsehood or disregard

for the truth) for celebrities.

Fair comment or criticism

Rhetorical hyperbole




Principle #8

Public officials and figures receive less protection for their reputations than private citizens do.




Principle #9

In granting electronic media access to the courts, jurists balance the right to a fair trial against the freedom of the press.




The First Amendment – Free Speech

Obscenity and Indecency

Obscenity: Prurience, Offensiveness, Value

Indecency: Language or material that, in context,

depicts or describes, in terms patently offensive as

measured by contemporary community standards for

the broadcast medium, sexual or excretory activities, or

organs.”


Indecency is ProtectedIndecency is ProtectedIndecency is ProtectedIndecency is Protected

Indecency is provided “safe harbor”

between 10pm and 6am.


Indecency on the InternetIndecency on the InternetIndecency on the InternetIndecency on the Internet

Communication Decency Act of 1996 (Part of the Telecommunications Act of 1996) (Defeated).

The Child Online Protection Act of 1998 (Defeated).

Children’s Internet Protection act of 2001 (Law).




Principle #10

Obscenity always is illegal, but “indecent” communication is permitted when children

are not in the audience.

copyright © 2006 allyn and bacon9-1 william r. davie and james r. upshaw chapter eleven - law this...

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