1. Donna-Jean Glose DMP Wendy Barron 11 November 2009 Chapter 14Media Policy and Law “ The media play such a critical roll in U.S. society that their right to contribute to public debate is guaranteed by the First Amendment of the U.S. Constitution.” Communications Policies Freedom of Speech First Amendment – Guarantees freedom of speech and of the press. - Freedom of speech - is the idea that media content should be free from government restrictions. Obscenities and Indecencies– used censorship to protect people from obscenities defined by the supreme court. - Censorship- formal restriction of media or speech content by government, political, or religious authorities. Crack down on “Incidents” after Janet Jackson’s “accidental” breast bearing during a Super Bowl half time show. Commercial Speech Deceptive Advertising – Some companies give false opinions about their product to sell it. - These misleading or untruthful claims cannot really be dealt with as long as the product being sold is legal. Protecting Privacy Privacy – The right to avoid unwanted intrusions or disclosure. - The clearest privacy protection against government snooping is found in the fourth amendment from the constitution “ … the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Ownership Issues Sherman Antitrust Act of 1890 – Prohibits Monopolies - Restraints of trade – Limits Competition - Cross-Ownership – One firm owns different media outlets in the same area. Monopolies seek to rule the industrial world this act keeps that under control Universal Service Universal Service -The goal of providing basic access to telecommunication service for all. - this gave people from all different social groups and status the chance to access free telecommunication service Who owns the Spectrum? Communications act of 1934 – Regulated distance and channels that radio stations could use - License – Legal permission to operate a transmitter. - Localism – ownership and decision making at the community level Technical Standards Standards Bodies – some standards are Created by professional associations, and subsequently ratified by the U.S. Government. International Standards – International bodies exist because of the need for connections among countries with telephony, fax, and data. The Policy-Making Process Federal Regulation and Policy Making Law Proposal – Executive Branch or Congress Consider, Alter, Pass laws – Congress Sign or Veto – President The Federal Communications Commission FCC regulates broadcasting, satellite/cable TV, and telecommunications. Capture Theory – explains that regulators are unduly influenced by the industry they regulate. Multilateral Trade Negotiations – are among a number of countries at the same time. The Federal Trade Commission FTC is the regulatory agency charged with domestic trade policy. Responsible for monitoring trade practices such as deceptive advertising The Justice Department Enforcement of general laws that apply to communications. Monitors Competitiveness The Courts Interprets challenges made to laws written by congress and rules made by the FCC and other federal agencies to see whether they are consistent with the U.S. constitution The Congress Ultimately writes and rewrites the communications laws of the land State and Local Regulation Public Utility – Regulated Monopolies Deregulation – removes restrictions on the nature and scope of activities that companies engage in and the prices they charge. Lobbies Lobbies try to effect how laws and rules are interpreted and enforced once they are made. The Fourth Estate News and Media work as their own Lobbyists through their shows and work.
