Juan Monroy
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  1. Home
  2. Courses
  3. Contemporary Media
  4. Regulation

Regulation

  • Regulations
    • policies
    • laws
    • standards
    • self-regulation
  • Concerns of Media Regulation
    • free speech
    • privacy
    • intellectual property
    • competition
    • diversity
    • access
    • spectrum allocation
    • technical standards
  • Freedom of Speech
    • US Constitution as the basis for federal law
    • First Amendment to the Constitution
      • guarantees freedom of speech and the press
      • content free from government restriction
      • preserves a marketplace of ideas
    • there are many exceptions to freedom of speech…
  • Prior Restraint
    • Government restriction of speech before it is made
    • Education
    • National Security
    • Clear and Present Danger to Public Safety
    • Commercial Speech
  • Obscenity
    • Speech or content offensive to accepted standards of decency or modesty
      • “Material which deals with sex in a manner appealing to prurient interests”
      • Portrays in a “clearly offensive manner”
      • Sexual conduct, as defined by state law
    • In its entirety, not just an excerpt…
      • An average person, applying contemporary community standards…would find the work, taken as a whole reflects an obsessive interest in sex
      • The work lacks serious literary, artistic, scientific, or political value
  • Indecency
    • Pertains specifically to broadcasting
    • Graphic language that pertains to sexual or excretory organs or activities
    • Applies only when children are likely to be in the audience
    • Safe harbor for “unfettered speech,” usually 10:00 PM to 6:00 AM
  • Copyright
    • The legal protection of a creator’s right to a work
    • Congress shall “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”
      • Authors ought to be able to control how their work—their intellectual property—is used
      • Authors should be paid fairly for the use of their work.
    • Copyright Act of 1976
  • Fair Use
    • One exception involves writers, documentary producers, artists, or academics who want to quote from copyrighted material in order to carry out critical analyses
    • Fair Use Regulations
      • Provisions under which a person or company may use small portions of copyrighted work without asking permission.
      • Nonprofit, educational purposes have more leeway than for-profit ventures.
    • What commercial damage that might the use cause
      • Transformative use of the copyrighted material: when use of copyrighted material presents the work in a way that adds interpretation to it so that some people might see it in a new light
      • Time Shifting
      • Parodies
  • Defamation
    • A highly disreputable or false statement about a living person or an organization that causes injury to the reputation that a substantial group of people hold for that person or entity
      • Slander
      • Libel
      • Libel per se
      • Libel per quod
  • Libel Plaintiffs
    • Public Figure
    • Private Person
    • False and defamatory statements made about public officials are protected if the false statements were not published with actual malice
    • First Amendment requires proof of simple negligence—lack of reasonable care—when even private persons sue the mass media for libel
  • Invasion of Privacy
    • False Light
    • Appropriation
    • Intrusion
    • Public Disclosure
  • Economic Regulations
    • rules set by the government about how firms are allowed to compete with one another
  • Antitrust Laws
    • limit excessive market control by mass media corporations.
    • Excessive market control is behavior by one company or a few companies that makes it nearly impossible for new companies to enter the marketplace and compete.
      • Monopoly
      • Oligopoly
    • Antitrust Policies
      • Through the passage of laws
      • Through enforcement of the laws by the U.S. Department of Justice and by state attorneys general
      • Through federal court decisions that determine how far the government ought to go in encouraging competition and forcing companies to break themselves up into a number of smaller companies
  • Government Regulatory Agencies
    • Federal Trade Commission
    • Federal Communications Commission
  • Main Duties of Executive Regulatory Commissions
    • Creating Technical Order
    • Encouraging Competition
    • Consumer Protection
  • Internal Self-Regulation
    • Editorial Standards
    • Policy Books
    • Operating Policies
    • Editorial Policies
    • Ombudspersons, or Public Editor
  • Professional Code of Ethics
    • a formal list of guidelines and standards designed to establish standards of professionalism within an industry
    • Society of Professional Journalists
    • American Society of Newspaper Editors
    • Radio-Television News Directors Association
    • American Advertising Federation
    • Public Relations Society of America
  • Content Ratings
    • Ratings designated by self-regulatory board to provide guidance about the age-appropriateness of the content
    • Motion Pictures
    • Video Games
    • Television
  • Motion Picture Ratings
    • Motion Picture Association of America
    • G: General audience
    • PG: Parental guidance suggested
    • PG–13: Parents strongly cautioned
    • R: Restricted
    • NC–17: No one under 17admitted
  • Video Game Ratings
    • Entertainment Software Ratings Board
    • EC: Early childhood
    • E: Everyone
    • E10+: Everyone ten and older
    • T: Teen
    • M: Mature
    • AO: Adults only
  • Television Ratings
    • National Association of Broadcasters
    • TV-Y: All children
    • TV-Y7: Directed to older children
    • TV-G: General audience
    • TV-PG: Parental guidance suggested
    • TV–14: Parents strongly cautioned
    • TV-MA: Mature audience only
  • Ethics
    • Values
    • Ideals
    • Principles

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