Báo chí truyền thông - Chapter 16: Formal controls: laws, rules, regulations

Formal Controls: Laws, Rules, Regulations Chapter 16© 2009, The McGraw-Hill Companies, Inc. All rights reserved.1CHAPTER OUTLINEThe Press, The Law, and the CourtsProtecting News SourcesCovering the CourtsReporters’ Access to InformationDefamationInvasion of PrivacyCopyrightObscenity and PornographyRegulating BroadcastingRegulating Cable TVThe Telecommunications Act of 1996Regulating Advertising 2THE PRESS, THE LAW, AND THE COURTSFormal controls over the media include laws, court decisions, and governmental regulations3A Free PressThe First Amendment of the Constitution“Congress shall make no law . . . Abridging the freedom of speech, or of the press.”It sounds simple, but the meaning has long been debated.4Prior RestraintGovernment attempts at censorship before something is printed or broadcastPrior restraint is rare, but the First Amendment is not absoluteThe Near CaseThe Pentagon PapersMore Recent Cases5PROTECTING NEWS SOURCESReporters believe their sources will dry up if confidentiality is not guaranteed. The government believes disclosing the sources will help administer justice and protect people’s rights to fair trial6The Reporter’s Privilege1970s Supreme Court: First Amendment does not necessarily protect reporters from obligations to testifyReporters’ claims to privilege can be valid in some instancesShield Laws: state laws protecting reporters from revealing sourcesVary by state; not all states have shield laws7Search and SeizureCourts have offered even less protection of a reporter’s notes and a newsroom’s recordsAccessing these documents requires subpoenaReporters must consider these issues carefully before promising confidentiality to a news source8COVERING THE COURTSSixth Amendment: defendant’s right to free trial before impartial juryFirst Amendment: freedom of the pressA potential clash of responsibilitiesTrial judges responsible for administration of justiceReporters responsible for informing public about the workings of the legal system9Publicity Before and During a TrialPre-trial publicity could interfere with a defendant’s right to a fair trialSensationalized coverage can be very prejudicialSupreme Court outlined safeguards to prevent undue influence of publicitySequestrationChange of venueRestrict statements of participants in trial10Gag RulesRestrictive orders Trial participants restrained from giving information to mediaRestraining media coverage of court eventsPre-trial proceedings, pre-trial evidence, jury selection, actual trial1980s: Supreme Court reaffirmed press rights to open court accessBut access can be limited, under strict guidelines, depending on the situation11Cameras and Microphones in the Courtroom1930s: Still cameras, newsreel film, radioCanon 35, American Bar AssociationSuggested that courts ban film and broadcast in court proceedings. TV coverage later added.Slowly, audio-visual coverage restrictions relaxedRules vary by state, but all states allow some form of coverageCameras not allowed in federal district courts, or US Supreme Court12REPORTERS’ ACCESS TO INFORMATIONRegulations affect reporters’ access to information and news scenes13Government InformationFreedom of Information Act (FOIA)Electronic Freedom of Information Act (EFOIA)Sunshine ActsThe Patriot Act14Access to News ScenesReporters’ rights to access news scenes are still evolvingSupreme Court suggests that the press has no more right to enter news scenes or public facilities than does the public at largeVariation across states15DEFAMATIONDefamation lawsLibelSlanderLibel per seLibel per quodLibel suits against media must proveDefamationIdentificationPublicationMedia at faultStatement was false16Defenses Against Libel SuitsDefenses against libel includeTruth, privilege, fair comment and criticismPublic figures/officialsEditorial advertising protected by First amendmentEven false statements may be protected if they concern public official’s public conductStatements must be made with actual malicePrivate citizens still must prove some fault or negligenceActual damages and punitive damages17Defamation and the InternetOnly the author of a defamatory statement is held liableInternet service provider not held liable (unless the service is the author)Jurisdiction of Internet lawsuits is less clearly definedWhere can lawsuits be filed?18INVASION OF PRIVACYThis section will cover the right to privacy, and trespass19The Right to PrivacyA defamatory publication may result in two lawsuits: Libel and invasion of privacyLibel protects person’s reputation; privacy protects their peace of mind and feelingsLibel involves false material; privacy can involve truthFour ways the media can invade privacyIntrusion upon solitudeUnauthorized release of private informationCreating a false impressionAppropriation of identity20TrespassTrespass is unauthorized entry into someone else’s territoryJournalists do not have rights to break the law while pursing important news storyTrespass focuses on tactics journalists use to gain entryGoing undercover; pretending to be someone they’re not21COPYRIGHT1909 Copyright laws (amended in 1976) protect authors against unfair appropriation of their workCover emerging communication technologiesDo not cover ideas, discoveries, proceduresFair use protectionBetamax case: Timeshifting is fair use1998 Digital Millennium Copyright Act (DMCA)Illegal to create services designed to get around measures controlling access to copyrighted worksInternet service providers, search engines, hosts generally immune from copyright infringementNapster Case22OBSCENITY AND PORNOGRAPHYObscenity is not protected under the First Amendment, but the courts have been unable to adequately define obscenity.Hicklin Rule (1860s)Roth test (1957)Variable obscenity (1969)Miller test (1973)Communications Decency Act & Child Online Protection Act not upheld in courtThe Internet has high level of First Amendment protection23REGULATING BROADCASTINGPublic ownership of the airwavesGovernment decides who has license to broadcastBroadcast media subject to more regulations than print media24The Federal Communications CommissionThe FCC interprets law; it doesn’t make lawFCC determines whether broadcasters are serving the “public interest”FCC can invoke fines; issue probationary license renewals; revoke or not renew licenseAfter deregulation of 1980s, regulation began to increase in 1990sChildren’s Television ActOffice of Strategic Planning and Policy AnalysisFCC does not control the Internet or Internet service providersInternet neutrality25Indecent ContentProtecting children from accidental exposure to indecent contentSafe harbor (6:00 a.m. to 10:00 p.m.)Congress has passed stiffer regulationsFCC crackdown on indecencyFCC also making effort to crack down on violent content26The Equal Opportunities RuleEqual Opportunities ruleSection 315 of Communications ActIf a station allows one candidate for a specific office to access its airwaves, it must allow all candidates for that office the same accessEven if free timeExceptions include legitimate newscasts and on-the-scene coverage of authentic news events27The Fairness DoctrineThe Fairness Doctrine is no longer in existence, but attempts to revive it reappear from time to timeRequired broadcasters to seek out, and make good faith effort to present, opposing viewpoints on matters of public importance28REGULATING CABLE TVRegulation of cable has fluctuatedCable systems are not licensed by FCC; they are franchised by state and local governmentsCable TV Act of 1992 re-instated the FCC’s right to regulate cable fees and servicesCourts have ruled that cable operators have more First Amendment rights than broadcasters, but less than newspapers and magazines“Must carry” provision upheldFCC Chair proposal: consumers be given “al la carte” option rather than “bundling/tiering”Help consumers to avoid indecent content29THE TELECOMMUNICATIONS ACT OF 1996First major overhaul of communication laws in more than 60 years.Removed ownership caps (with some restrictions); allowed telephone companies to enter cable field and vice versa; mandated TV content rating system (V-chip resulted)ImpactsConsolidation; cable fee increases; after some time, competition between telephone and cableChanging environment has led Congress to re-examine the 1996 Act.30REGULATING ADVERTISINGAdvertising is both regulated and protected31Deceptive AdvertisingFederal Trade CommissionBribery, false advertising, product mislabelingPowers expanded to prevent deceptive advertisingFTC enforcement mechanisms includeTrade regulations (industry guidelines)Consent ordersCease-and-desist orderFinesCorrective advertising32Commercial Free Speech Under the First AmendmentInitially, commercial speech (advertising) did not have First Amendment protectionNew York times v. Sullivan case provided some protectionLater cases extended protection for commercial speech, and in 1980 the courts presented a four-part test for determining protection33