Media Law Exam 3
Censorship and the FCC
FCC lacks power to censor broadcasters
Commercial speech
False or misleading advertising, as well as advertising about unlawful goods and services, receives no First Amendment protection.
FTC
Federal Trade Commission Nearly 100 years old, the FTC polices unfair methods of business competition and protects consumers from deceptive advertisements.
FDA
Food & Drug Administration Responsible for protecting public health and ensuring that products like cosmetics, drugs, and food are honestly and accurately represented to the public
FCC and Violence and indecency
In 1996 Congress mandated that microchip circuitry be added to new television sets that would allow parents to block programs rated as violent; In 1978, the Supreme Court ruled that a radio or television station could be punished for broadcasting material that is not obscene but merely indecent. The court based its ruling on the premise that children might be present during the broadcastIn 2004, after the Janet Jackson incident, the FCC began an all-out crackdown on indecent content.
"Clear and present danger" test
1. "The gravity of the 'evil,' discounted by its improbability, justifies such invasion of free speech." 2. The court must look at whether other less restrictive measures would have alleviated the effects of pretrial publicity; 3. In addition, the court must consider whether a restraining order would be effective in preventing the threatened danger.
FTC Definition of False or Deceptive Advertising
1. There must be a representation, omission or practice that is likely to mislead or to confuse the consumer. 2. The act or practice must be considered from the perspective of a "reasonable consumer." 3. The representation, omission, or practice must be "material" such that it is likely to influence the purchasing decision.
FTC Tools & Remedies To Stop False Advertising
1. Voluntary Compliance 2. Consent Agreements 3. Litigated Orders 4. Injunctions
Use under 315 includes any presentation or appearance that features candidates EXCEPT:
1. appearance in bona fide newscast that includes candidates as part of newsworthy interest 2. Appearance in bona fide news interview (like the tonight show, or debates) 3. Appearance in spot news coverage of bona fide news event (usually includes press conferences if it's live and there is no intentional bias 4. Incidental appearance in news documentary
These two acts:
Local governments are given the primary responsibility to regulate the cable systems in their communities. They may issue franchises, collect franchise fees and renew franchises. The cable act also provides for the inclusion of public, government and commercial access channels.
What is the only media immune from federal regulatory control under the first Amendment?
Morse v. Frederick, 551 U.S. 393, 127 S. Ct. 2618 (2007) ("Bong Hits 4 Jesus")
School authorities do not violate the First Amendment when they stop students from expressing views that may be interpreted as promoting illegal drug use.
Equal time and opportunity
Section 315 of the Communications Act outlines equal time, equal facilities and comparable costs for rival candidates for office; Section 315 does not provide a right of access to any candidate to use a station's facilities. It applies only if the station first chooses to permit one candidate to appear on the station; Section 315 also specifically bars the station from censoring material in broadcasts made by political candidates, and the courts interpret this provision quite strictly.
Net Neutrality
The Federal Communications Commission adopted new Internet rules on Feb. 26, 2015, that enabled the FCC for the first time to regulate the Internet. After months of intense debate, the FCC approved rules establishing net neutrality to protect the openness of the Internet. The Federal Communications Commission, however, voted on Dec. 14, 2017, to terminate net neutrality.; The agency scrapped the so-called net neutrality regulations that prohibited broadband providers from blocking websites or charging for higher-quality service or certain content. The federal government will also no longer regulate high-speed internet delivery as if it were a utility, like electric or phone services.
Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988)
The First Amendment rights of high school student journalists are not violated when school officials prevent the publication of certain articles in the school newspaper.
Cable rules like broadcast rules
The equal time rules, candidate access rules and rules requiring the identification of the sponsors of political ads apply to both broadcast and cable- originated programs.
The Computer Fraud and Abuse Act (CFAA)
This Act criminalizes, among other things, the act of intentionally accessing a computer without authorization. It has been used to criminalize the conduct of government whistleblowers and hackers such as Chelsea Manning, Julian Assange and Edward Snowden and the coder Aaron Swartz, who cited government harassment in committing suicide.
Veggie libel laws
a dozen states have adopted food-disparagment statues stipulating that food critics may be held civilly liable for claiming any "perishable food product or commodity" is unsafe for ham consumption; 13 states make "libel" against food and its producers a crime
FCC can punish broadcasters through.....
a fine (forfeiture), or refuse to renew broadcast license
FCC regulations are a form of ________ law
administrative
FCC and Obscenity
allows adult entertainment on cable TV stations, but not broadcast stations. The theory is that people can choose whether to subscribe to a cable TV station, but have no control over broadcast television, which can more readily be viewed by children.
Picon objectives
competition, diversity of broadcast voices, localism; remains in effect despite additional channels now available through satellite and cable television technology
License Renewal
every eight years; renewed if the station has served the public interest, convince and necessity and has not violated the Federal Communications Act or abuse or violated other laws
Cable rules like obscenity/ indecent rules
federal rules prohibit the broadcast of obscenity or indecent material on broadcast programming but similar rules are enforced less stringently to cable-originated programs. Federal courts have consistently struck down attempts by the states to bar cable companies from transmitting indecent or adult programming while continuing to deny broadcast television this same right of access to similar programming.
FTC takes no action if the social media site
has a vague privacy policy or discloses that it gathers and sells massive amounts of personal data from users. No enforcement action is initiated because the site is not breaking any known laws. In other words, social media is not regulated for use or abuse of most personal data about people, their activities, and their transactions — only for misrepresenting what data is collected and how such data is used.
Satellite radio and TV laws
iolation of federal law to air obscene programming at any time. It is also a violation of federal law to broadcast indecent or profane programming during certain hours. Congress has given the Federal Communications Commission (FCC) the responsibility for 7 administratively enforcing the law that governs these types of broadcasts. Among other things, the FCC has authority to issue civil monetary penalties, revoke a license, and deny a renewal application. In addition, a federal district court may impose fines and/or imprisonment for up to two years on those who are convicted of criminal violations of the law.;Congress and the courts have instructed the Commission only to enforce the indecency standard between the hours of 6 a.m. and 10 p.m., local time. - when children are more likely to be in the audience. As a consequence, the Commission does not take action on indecent material aired between 10 p.m. and 6:00 a.m
What did removing the fairness doctrine do?
led to talk radio with hosts like Rush Limbaugh and unbalanced broadcast reporting. It ushered in an era where Cable TV news outlets could cover government and politics in a biased and nonobjective manner.
1992 Cable Television Consumer Protection and Competition Act
modified the earlier law
Prior restraint
official government restriction of speech prior to publication.
Regulation of programming
preventing obscenity and to control the programming that children might listen to or view
Federal Communications Act 1934
provided the appointment of the Federal Communications Commission, FCC, to regulate telecommunications media
What does the FCC regulate?
radio, broadcast, satellite, and cable television (as a matter of federal law)
Fairness Doctrine
required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that was—in the Commission's view—honest, equitable, and balanced. The FCC stopped enforcing the Doctrine in 1987 and rescinded it totally in August 2011. The demise of this FCC rule has been considered as a contributing factor for the rising level of party polarization in the United States.
FCC and educational programming
requires educational and informational programming to be offered for children for an average of three hours per week between the hours of 7 a.m. and 10 p.m
What did the Supreme Court rule in 1978?
the FCC may censor indecent language (section 326 has limited value to broadcasters: nothing shall be construed to give the commission the power of censorship or to interfere with the right of free speech)
PICON
the public interest, convenience or necessity
FCC Commercials and children
Commercials per one hour of programming for children 12 years and younger cannot exceed 10.5 minutes on the weekends and 12 minutes during the week. A buffer or substantial pause must follow each commercial so children can distinguish between a commercial and the programming. Info-commercials targeting children are banned.
Cable Communications Policy Act of 1984
a comprehensive measure setting policies and standards for the regulation of cable television.;
