Mass Media and Society

Chapter 15: Mediaand Government

April 11, 2014

Chapter 15: Media and Government• Regulation of media• The law and media

messages• Censorship and free

speech• Intellectual property• Politics and influence

Regulation• FCC oversees licensing

and regulation of broadcasting, phone services, wireless communication

• Deregulation gave more power to licensees

• Viacom and Disney own firms in diverse media

Privacy Act• 1974: Law protecting how

individuals’ personal data are collected

• Media can only report on matters of public interest and can’t use personal information of private figures for “exploitive” purposes

Libel and slander• Libel: defamatory

statements or visual depictions in written or permanent form

• Slander: defamatory verbal statements

• Responsible reporting key to avoiding legal entanglements

Libel and slander• Published defamatory

statement causes injury to subject’s reputation

• A libel defense is that a statement is substantially true; defendant has burden of proof

• Altered or inaccurate quote can be actionable

Courtney Love case• Lawyer sued her over

Twitter statement claiming lawyer had been “bought off” in estate case

• Love said she meant tweet to be direct message and deleted it

• Jury found in Love’s favor

Copyright and intellectual property

• Copyright does not protect facts; important for news media

• Intellectual property is protected: patents, licenses, trade secrets, URLs, TV programs

Freedom of Information Act

• FOIA requires full or partial disclosure of government documents

• Helps citizens and journalists keep track of government

• Can be complicated

Censorship and freedom of speech

• There are exceptions to free speech under the First Amendment: defamation, hate speech, breach of peace, incitement to crime, sedition, obscenity

Obscenity• Obscenity usually applies

to hardcore pornography; indecent material is protected by the First Amendment

• FCC receives thousands of complaints a year; most do not lead to fines or investigations; a few do

Intellectual property protection online

• Thanks to ease of copying, copyright violation is common online

• RIAA pursued violators• Are websites responsible

for actions of their users?

The law andonline regulation

• Terms of service agreements are legally binding rules (iTunes)

• Computer Fraud and Abuse Act: designed to reduce hacking, also used in case of cyberbullying

Anonymity

• Users can be traced through IP address

• Threats made online are just as illegal as those made over the phone or by mail

• Online hate crimes have been prosecuted

Digital democracy• Political campaigns use

digital communication methods: video, social media, email, texting

• MoveOn.org and other sites mobilize citizens to vote and participate

• Digital divide a factor in public participation