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Broadcast law
This document discusses the regulation of broadcast media in the United States by the Federal Communications Commission (FCC). It notes that broadcast media like radio, television, and satellites are subject to much more regulation than print media due to the scarcity of available frequencies and the potential widespread reach of broadcast content. Regulations have addressed issues like indecency, children's programming, and fairness in coverage of controversial issues. However, some argue that broadcast laws are now antiquated given the rise of unregulated internet media.
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Broadcast law
- 1. Broadcast Media Law Prof.Mark Grabowski
- 2. FCC oversees broadcasting industry •Network TV stations • AM/FM radio stations • Telephones • Cell phones • Satellites • Cable • Internet
- 3. TV & radiomuch more regulated The broadcast media are subject to far more regulation than print media, because: • The airwaves are said to be owned by the public • The scarcity of available frequencies on which broadcasters can operate • The potential for pervasiveness of broadcast content
- 4. Military concerns alongwith the sinking of the Titanic in 1912 led to radio regulations.
- 5. Fairness Doctrine • FCCregulation enacted in 1949 required the radio & TV stations to present controversial issues of public importance and to do so in a manner that was honest, equitable, and balanced. • Repealed in 1987, but recent push by Congress to restore it. • By contrast, the print media did not have such a regulation.
- 6. Children’s TV shows •The Children's Television Act of 1990 requires that stations provide educational programs for children and limit the number of commercials to 10.5 minutes per hour for weekends and 12 minutes per hour for weekdays. • The CTA also prohibits the advertising of a product during a program based on that product. E.g., Teenage Ninja Turtles can’t advertise its action figures during its TV show.
- 7. Indecency • FCC canregulate obscene, indecent, or profane language and images on the radio and television. • They define what’s off limits (e.g. full nudity, certain curse words) • They set hours when indecency is not allowed to be broadcast – “safe harbor”
- 8. FCC raises finessignificantly In response to shock jocks like Howard Stern and a risque halftime Super Bowl show in the 2000s From $500 per violation to $500,000
- 9. Fleeting expletives fined,too • https://youtu.be/rWV4yBYt6b8 • https://youtu.be/k-BoeBedZ3k Tape delays didn’t always prevent this stuff – was it fair to hold stations responsible?
- 10. 2012 Supreme Courtruling • FOX challenges FCC’s fines and Supreme Court rules FCC can’t fine TV networks for cursing & nudity anymore. • But the Court’s decision didn’t invalidate the FCC’s ability to set indecency rules — just its ability to enforce the rules through fines and sanctions. • Um, OK? So only ethics really prevents indecency from being broadcast now.
- 11. Telecommunications Act of1996 • Congress passed a sweeping package of new laws that deregulated the telecomm industry, including TV, radio, telephone and internet. • First major law update since 1934. • Relaxed ownership rules. • Required V-chip for new TVs. • Eliminated net neutrality for internet.
- 12.
- 13. Are broadcast lawsantiquated? • Is it fair to hold AM/FM and network TV to stricter standards in the Internet Age? • Or, perhaps, instead of doing away with these regulations we should apply them to other media? • With public trust in media rapidly declining, should the Fairness Doctrine be re- implemented and expanded to include other media?