Loading presentation...

Present Remotely

Send the link below via email or IM


Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.


FA16_Ch. 5 Controls on Media

No description

Nicole Cox

on 16 September 2016

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of FA16_Ch. 5 Controls on Media

Ch. 5: Controls on Media
Government Regulation, Self-Regulation, and Ethics
The First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably as assemble, and to petition the Government for a redress of grievance.

The phrase "make no law" means that the government cannot make laws abridging press freedoms or freedom of speech.

"the Press"
Definition includes all types of mass media, not just the journalistic press.

The Supreme Court has often approved government restrictions on speech or the press that place limits on the time, place, and manner of expression.
Allowable Government Control Over Media Content
The Supreme Court has ruled that the government has a right to abridge media "speech" on certain topics and in certain situations.
1.) Regulated Content before Distribution

Referred to as "prior restraint"
The Court has held that in some rare and specific circumstances, prior restraint is in the interest of the public good.
Government has the heaviest burden of proof to enact prior restraint
"No Law"
2.) Regulating Content after Distribution
The two major types of content regulated after distribution are defamation and invasion of privacy.

Invasion of Privacy
Privacy = the right to be protected from unwanted intrusion or disclosures

...the right to privacy is restricted to living individuals (not companies)
Federal Trade Commission (FTC)
Federal agency whose mission is to ensure that the nation's markets function competitively.
3.) Economic Regulation
Economic regulation = rules set by the government about how firms are allowed to compete with one another.

Media Self-Regulation
= codes and agreements among companies in the same industry, to ensure that employees carry out their work in an ethical manner.
Additional Sources for Regulation
- Ratings Systems
- Copyright
Regulation of mass media refers to the laws and guidelines that influence the way media companies produce, distribute, and exhibit materials for audiences.

"the Press"
This definition includes all types of mass media, not just the journalistic press.
(more likely to be regulated)
(least likely to be regulated)
Defamation= false communications about another person that damage that person’s reputation or bring her/him into disrepute.

Two types of defamation:
* Slander
* Libel
Economic Regulations include:
* Antitrust laws
* Direct regulation by government agencies
* Consumer protection
A federal agency mandated by Congress to govern interstate and international communication by television, radio, wire, satellite, and cable.
Federal Communication Commission (FCC)
Pressure for self-regulation also comes from:
* The public
* Advocacy organizations
* Advertisers
* The more you know about media regulation, the more your critical awareness increases.

* Knowing the laws controlling particular media is crucial for intervening when you dislike content, as well as performing your job more ethically as media producers.


* Information and images derived from Joseph Turow, Media Today, 4th & 5th editions
Government regulations can be divided into three categories:
Restrictions are legal as long as they:
Are applicable to everyone
Are without political bias
Serve a significant governmental interest
Leave ample alternative ways for the communication to take place.
Restricts how the content is expressed, but does not restrict the content itself.
Prior restraint has been ruled as warranted, in issues of:

- obstruction of military recruitment
- publication of troop locations, numbers, and movements in time of war
- obscene publications
- incitements to violence
- forcible overthrow of the govt.
- Fighting words likely to promote imminent violence

Classic prior restraint has three parts....

1.) It imposes govt. oversight of whole categories of speech, content or publication
2.) it allows the govt to choose what content is acceptable, and 3.) it empowers govt. censors to ban content before it is distributed to the public.

Government can only enact prior restraint if it can show that the prior restraint was essential to prevent a real and immediate risk of harm to a compelling govt. interest.
Near v. Minnesota (1931)
In Near v. Minnesota, the Supreme Court ruled that prior restraint is “the most serious and the least tolerable infringement on First Amendment rights.”
Chaplinsky v. New Hampshire (1942)
...in order for speech to have full protection, it needs to be central to the sharing of ideas, and to a thriving democracy. It needs to serve a social purpose.
FOUR types of privacy torts:
False light can also apply to those statements that are flattering, if (in fact) it is still false
False light also includes untrue implications.
Appropriation is the only privacy tort for which a deceased person’s family can sue.
Commercialization v. Right of publicity
applies to someone who wants to remain private and unknown
applies to someone who wants to be well known
A journalist may be sued for intrusion if s/he intentionally interferes with another person’s solitude or meddles in the person’s private concerns.
The plaintiff must show that the facts were of an intimate, private nature.
Facts are not private if:

* The information is part of an official public record

* The plaintiff has made the information public him/herself

* The information is of a legitimate, public concern
Public v. Private Figures
Must prove actual malice
Must prove simple negligence
Copyright is a form of intellectual property law
Goal= to protect the works of people who engage in creative and intellectual work, and to encourage them to continue producing creative works for the marketplace.
Two requirements for a work to be protected by copyright:

1.) The work must be fixed in a tangible medium
2.) The work must contain some level of creativity

Is mass media considered slander or libel?

- printed press
- broadcast media (TV, radio, etc.)
Is mass media considered slander or libel?

- printed press
- broadcast media (TV, radio, etc.)
Two types of libel:

Libel per se
Libel per quod
Full transcript