FinalExamReview.pdf CEM 102
Popular in Understanding Media And Content In The Digital Age
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This 7 page Study Guide was uploaded by Angela Cameron on Monday October 12, 2015. The Study Guide belongs to CEM 102 at University of Miami taught by Ana Francois in Spring 2014. Since its upload, it has received 39 views. For similar materials see Understanding Media And Content In The Digital Age in Journalism and Mass Communications at University of Miami.
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Date Created: 10/12/15
Cameron 1 Final Exam Review Ethics vs Laws 0 Supreme Court Justice Potter Stewart quotEthics is knowing the difference between what you have a right to do and what is right to doquot Types of Regulation 0 Three Types Free Market quotRegulationquot 0 Problems will be resolved within the marketplace by the ageold forces of supply and demand SelfRegulation The industry itself establishes ethical guidelines and sanctions through various industry organizations Family Houn 0 Examples TV program rating system RTDNA code of ethics Networks39 standards and practices Government Regulation 0 Laws and regulations enforced by government agencies like CongressCommerce 0 Example FCC FTC The FCC 0 Federal Communications Commission Established in 1934 5 commissioners Appointed by the President Directly responsible to Congress One member is chairmanwoman of the Commission US Senate must approve Presidential appointments 5year terms Only 3 commissioners can be from same political party Supervise several internal divisions Where The FCC Gets Its Power 0 The PICON standard Public Interest Convenience or Necessity Created by Congress 0 Highly exible yet legally recognized standard for the FCC to regulate electronic media Other Regulation 0 Cable companies Granted a franchise by local or state government to operate Cameron 2 Throughout most of the history of cable television franchising authorities usually granted only one franchise in an area 0 Makes the cable system a local monopoly 0 Acquiring A Station License 0 Most important FCC function Granting amp renewing broadcast licenses 0 Process Prospective owner must apply for a frequency or channel and a license to operate The FCC examines Citizenship 0 Only US citizens Character 0 No felonies o Preferably nothing questionable in record Hnances Cash reserves 0 Can be self nance or loan commitments New stations are awarded Construction Permits CPs Authorization to construct the station within a speci ed time limit 0 Construction permits can be bought and sold 0 Requires FCC approval Today most stations are purchased from current license holders Called Translators o Requires FCC approval 0 Retaining A Station License 0 FCC enforces its rules amp the law FCC monitors station operations 0 Poor operation can result in o The quotRaised Eyebrowquot Letter from FCC stating that it is aware of possible violations 0 CeaseandDesist Orders FCC order to quotStop itquot o Fines 325000 for indecency o Revoking the station license Extremely rare Only 3 times 0 2 got their licenses back All radio and TV stations go through a license renewal process every 8 years 0 Must demonstrate that it has operated appropriately and in quotthe public interestquot 0 PlCON standard Broadcast networks are not licensed by the FCC Cameron 3 0 Own many FCClicensed stations 0 OampOs As a program content provider 0 No license 0 As a station owner OampOs 0 Must be licensed Group Ownership of Broadcast Stations 0 Many stations can be owned by one person or one corporation 0 FCC still requires each individual station to be licensed and renewed o No quotgroup dealsquot Can39t get just one license for all your stations 0 The FCC amp Cable 0 Cable systems are not licensed by the FCC Apply to local or state governments for franchises Franchising o Follows a different pattern from broadcast licensing o How The FCC Makes Rules 0 Very open process FCC posts Public Notices PNs General public is invited to participate in hearings Congress can challenge decisions of the FCC Congress can also change laws to override FCC decisions FCC Independent regulatory agency 0 Under control of Congress FTC Federal Trade Commission 0 Under control of the Executive branch 0 President 0 Industry Organizations 0 SelfRegulation We can take care of our own problems without the government forcing us into action 0 Two big media lobbying organizations National Association of Broadcasters NAB National Cable amp Telecommunications Association NCTA Members of these organizations quotsubscribequot to ethical and behavioral guidelines 0 Enforcement SancUons Slap on the wrist Bad publicity Embarrassment Cameron 4 Fines Expulsion from the organization 0 Most of these organizations employ lobbyists 0 People who attempt to in uence decisions of the government 0 Networks 0 Departments of Standards and Practices Each network Staff that examines program and commercial content 0 Looking for potential problems 0 FCC 0 Advertisers 0 General audience 0 Freedom of Speech 0 The right to criticize government The First Amendment 0 Democracies move into dictatorships Free speech disappears o Sedition Criticism of government during war time 0 Free Speech amp Broadcasting o Broadcasting has more limited First Amendment free speech rights Unique attributes that justify imposing certain restraints Channel scarcity o Scarcity Principle 0 Licensing requirements lntrusiveness into the home Cable has more freedom 0 No quotscarcity principlequot Subscription based Not as intrusive o Paying a fee for the service 0 Obscenity and lndecency 0 Supreme Court justices seldom have a majority opinion 0 Miller v California Test Gave DEFINTION OF OBSCENITY Average person applying contemporary community standards would nd the work taken as a whole to be 0 Prurient interest 0 Patently offensive o Lacking serious literary artistic political or scienti c value lndecency Sexually oriented 0 Does not meet the Miller v California de nition of obscenity Cameron 5 0 Only an issue for broadcasting 0 Not cable or print media 0 Major crackdown by conservative White House and FCC 0 Thanks to IT amp Janet Jackson 0 Efforts to regulate indecency on the Internet have failed in courts 0 FCC v Paci ca Foundation 0 The quotSeven Dirty Wordsquot Case George Carlin 197039s 0 The Supreme Court rules that the FCC can punish broadcast stations that air indecent content during times of the day when children are most likely to be in the audience 0 Resulted in the CREATION OF quotSAFE HABORSquot o 10PM 6AM o Indecent programming allowed to air 0 Defamation 0 Two types Libel Written or printed defamation 0 Includes electronic media Slander Spoken defamation 0 Civil cases Not criminal cases Plaintiff sues for monetary damages Compensatory damages 0 Only the amount necessary to repair the damage Punitive damages 0 Additional amount to punish the bad behavior Plaintiff39s burden of proof in a defamation case 0 Defamation There was defamatory language 0 IdenU cann Defamation was about the plaintiff 0 Was plaintiff identi able Publication 0 The defamation was broadcast quotFaultquot ranges from negligence to actual malice o Damages Genuine loss or personal harm Not just hurt feelings o NY Times v Sullivan 0 1964 o Introduced the CONCEPT OF MALICE Cameron 6 0 Political organization placed an advertisement in the New York Times Special type of ad Advertorial Sought to raise funds to defend MLKJr Described actions against civil rights protesters in Alabama Sullivan 0 Public Safety Commissioner in Montgomery Alabama 0 Not named in advertorial Several statements in ad were false Supposedly hurt Sullivan39s reputation He sues the newspaper Not the group who purchased the ad Libel Supreme Court nds negligence but no malice Not a story written by a NYT reporter An advertisement that had defamatory language 0 Ad department should have caught it No actual malice found 0 SoWhat ls quotMalicequot o Malice Knowing falsehood or serious doubts about the truth of the statement before publication or broadcast Publish it anyway 0 Negligence Failure to verify facts adequately A reporter can be negligent but not necessarily malicious 0 It39s ok for a reporter to be incompetent as long as they are not malicious Incompetent reporting is not a crime Deliberate lying is a crime 0 Media Cases amp Public Figures 0 Public Figures have less First Amendment protection than ordinary private citizens Reasons 0 Choose to be in the public light 0 Should expect unpleasant publicity quotThey invite attentionquot 0 Defamation Defenses 0 Truth Plaintiff really is a thief He deserved to have his reputation ruined o No Malice Intended We got our facts wrong It was a completely honest mistake o Statutes of Limitations Happened years ago All proceedings must begin in within 2 years Cameron 7 o Consent Gave permission to publish Copyright issues 0 Proper Authorization o Parody 0 A literary or musical work in which the style of an author or work is closely imitated for comic effect or in ridicule o Hustler Magazine v Falwell INTRODUCED CONCEPT OF PARODY 1988 Parody ad within an issue of Hustler Entitled quotJerry Falwell Talks About His First Timequot Falwell sued for in iction of emotional distress The US Supreme Court overturned lower court39s decision 0 The item clearly closely imitated the style of a famous liquor advertisement running in several magazines at the time 0 Item may have been quotmaliciousquot Court said that any reader would know that the speech was a deliberate parody and therefore not true Falwell was a public gure 0 Bottom Line It is not a crime to merely offend somebody Hurt feelings are not damages Audience must perceive comments as true and not parody If the comments are truly damaging to your reputation but are true in nature you cannot sue for defamation 0 Federal Trade Commission 0 FTC 0 Government agency Responsible for dealing false and deceptive advertising Deceptive advertising 0 Likely to mislead a reasonable consumer with a material statement or omission Reasonable Consumer 0 Common term used by the courts Statements must be quotmaterialquot 0 Affect the actual purchasing decision quotPufferyquot o Bragging o Tolerated Example 0 quotWe re the best BBQ in Miamiquot
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