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The World of Media

by: Miss Cristian Upton

The World of Media JRN 108

Miss Cristian Upton
GPA 3.81

Michael Stamm

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Michael Stamm
Class Notes
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Popular in Journalism and Mass Communications

This 6 page Class Notes was uploaded by Miss Cristian Upton on Saturday September 19, 2015. The Class Notes belongs to JRN 108 at Michigan State University taught by Michael Stamm in Fall. Since its upload, it has received 30 views. For similar materials see /class/207395/jrn-108-michigan-state-university in Journalism and Mass Communications at Michigan State University.


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Date Created: 09/19/15
Chapter 14 Regulation 1 Regulation in American life a Bill of rights to protect citizens from government encroached on private affairs and to promote the concept that government is consent of its citizens b Reason for regulation i In the United States the regulatory concept is widely accepted 1 Regulation is designed to maintain a balance between the needs and rights of individuals Therefore government legitimately may regulate mass media to ensure that their behavior does not have an impact on society that outweighs their contribution to society ii Government regulates when people or organizations interfere with the workings of the economic market system 1 The US has a market economy a An economy in which the interaction of supply and demand determines the price of goods and services and the levels of production In nonmarket economy government determines prices and productions 2 1996 Telecommunications act a This land mark legislation represented the first major revamping of federal telecommunications legislation since the Federal Communications Act was passed in 1934 An attempt to increase competition through deregulation the act included provisions that applied to radio broadcast and cable TV the internet and telecommunications equipment manufacturing iii Government regulates when the use of a product or an industry or company s behavior has a negative impact on society as a whole iv Government regulates when a product or behavior has a negative impact on individuals that outweighs its contribution to society as a whole 1 A journalist cannot enter a person s house carrying a hidden cameras and microphones lt Government regulates the flow of information during times of war 1 Censorship during war is not mentioned in the Constitution but courts have supported the government s rights to censor ever since the Civil War a Censorship restriction of access to information deletion of information from a story or refusal to let a correspondent mail broadcast or otherwise transmit a story 2 The federal government tried to regulate the media in war by creating press pools and by limiting access a A small group of reporters selected to gather information and pass it on to the larger group of press people Used when the number of reporters gathering in one spot is problematic vi Government seeks to preserve its own security and power 1 Government officials use the laws to avoid embarrassment is a misuse of political power c Lobbying i The government may use its regulatory power because of lobbying Lobbying is the business of persuading government entities such as federal and state representatives to support a public or private interest ii Lobbying by advocacy groups can also affect government regulation d Regulation of media and the 1st amendment i Not all media are equal when government attempts to regulate freedom of expression 1 Freedom of expression is not granted to the press or to broadcasters alone Rather it is fundamental right based on society s needs for basic civil liberties The author of the Bill of Rights believing that governments should be prohibited from exercising arbitrary power granted to individuals rights such as freedom to speak and write freedom to bear arms and freedom from unreasonable police search and seizure The press enjoys a higher level of protection than broadcast and cable media The bill of rights was drafted by the US congress and ratified by the states in 1791 The founders intended to preserve a marketplace of ideas particularly in realm 2 of politics 2 Types of media Regulation a Governments in US exercise three types of regulation over mass media i Economic regulation 1 Antitrust law a Intended to promote competition in markets and to prevent or break up monopolies b Clayton act1914core of antitrust law c The underlying assumption of antitrust law is that competition benefits consumers i Provides better product for less cost for consumers The government regulates media through antitrust laws to ensure competition 2 Telecommunications regulations a During the early stages of broadcasting government gave three justifications for direct telecommunications regulation i The air waves are limited ii The airwaves belong to the public iii Broadcasters should be responsive to the community and work in its best interest b Direct telecommunications regulation since the early stages of broadcasting government regulated broadcasting in more direct ways than it did print media Supporters of government regulation argued that the airwaves which are limited in quantity belong to the people not to the broadcasters and that station owners should be responsive to the community and work in its best interest This is often referred to as the trusteeship model of the scarcity doctrine 3 Deregulation a The FCC reduced its regulation of broadcasting in ways the republican administrators aim to limit government activities in economic markets b Fairness doctrine The collection of FCC rules that was first passed in the 1940 s required broadcast stations to air competing views on controversial issues although earlier regulations had prohibited such debate The FCC no longer enforces the rules and some critics claim that the result has been a watering down of public debate c Telecommunicationsindustry 39 Organizations that are involved in electronic media such as broadcast TV cable radio and telephone or the transmission of information over wires and with satellites Altered the relationship among the various types of media d The act removed barriers that prohibited cable and telephone companies from competing against each other e The number of radio and TV stations a company own nationally is no longer regulated f Cable consumer protection and competition Act i Required cable systems to carry signals of local TV stations ii Business regulation 1 Mass media outlets are usually owned by large corporations As big businesses media owners are required to adhere to labor laws environmental regulations and such standards as postal law In many cases media owners have protested having to abide by these laws arguing that the laws infringe on their 1st amendment rights 2 Labor laws a 1930 s national labor relations act b Fair labor standards act i Minimum wage and maximum hours 3 Discrimination laws a Civil rights 964 b Content and information regulation Content regulation the regulation of subject matter and actual words in a broadcast or print message has been the most controversial area of regulation because open and robust discussion is considered essential to a democratic society 1 Some types of speech such as political speech are more protected than other forms Regulation before distribution 1 Times of war 2 Economic reasons a Prior restraint i A government body prevents the public from getting certain types of information ii Near v the state of Minnesota1931 1 The state lost iii Prior restraint was often exercised during the mid 20 h century when local and state censorship committees ruled on weather a film could be shown or whether it should be banned b Obscenity and indecency i Whether to protect obscene speech and how to define it have been enduring issues for the public congress and the Supreme Court The evolution of new technologies such as color photo printing and new media such as the internet create issues that generate further discussions about the problems surrounding obscenity and indecency ii Hicklin rule 1 Anything with a tendency to corrupt people whose minds might be open to immortal influences 2 RothMemoirs rule a Material deemed obscene for children was not necessarily obscene for all iii Miller vs California 1 3 part rule put in place 2 Rules are community based iv FCC vs Pacifica Foundation 1 Added term indecency v Chilling effect 1 Advocates of absolute free expression argue that most regulations have a chilling effect on the media the regulations may prevent reporters from going after tough stories because they fear being sued lf lawsuits become too oppressive they affect how information is disseminated and debated in the marketplace of ideas c Censorship during war i Techniques for controlling media content during wartime include censorship and restrictions of access The overriding question is whether the distribution of material will harm the war efforts or endanger national security or whether censorship will restrict information the public has legitimate right to know so as to make political decisions ii Espionage act 1917 iii Sedition act 1918 iv Military tried to improve its management of media by controlling access rather than by engaging in official censorship d Controlling government documents i The president controls information because of the executive privilege 1 The president s right to withhold information if disclosure might harm the executive branch s function and decisionmaking processes ii Sunshine laws 1 Laws requiring that meetings of federal or state administrative agencies be open to the public iii FOIA 1967 e Controlling news events i Meetings of departments can be closed if the meet one of the 10 regulations f Copyright regulation i The first copyright law was passed in 1790 The original purpose of the law was to grant property rights to authors in order to promote knowledge in the arts and sciences for the public good 1998 sonny Bono copyright term extension act 1 Mickey mouse protection act iquot Fair use 1 Use of a small portion of a copyrighted work by scholars teachers or reporters to further enlighten the public a The purpose of the use b The nature of the work being used c The amount used in relation to the size of the full work d The impact of the use on the market for the content 2 New technologies made it harder a Digital millennium copyright act b P2P c MGM studios v Grokster g Regulating content after distribution i Compensatory damages 1 Media organizations pay ii Punitive damages 1 Media organization will be punished iii Libel and slander 1 Libel the written defamation of a private individual and slander spoken defamation has always been considered beyond the bounds of free expression A more complicated issue is the libel ofa public figure In 1964 the Supreme Court ruled in New York Time v Sullivan that a reporter had to show a disregard for the truth or falsify a report to be convicted of libeling a public official iv Defamation 1 To misconstrue facts or misrepresent a person in such a way as to lower the individual in the estimation of others v Limited speech 1 Speech that is not widely disseminated Person person 3 Defenses for libel a Truth


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