Regulating the Media

1. Regulating the Media How far can Gov’t and the Media go?

2. Rights and Protections • 1st Amendment: • Press: There is no gov’t censorship (prior restraint) on articles published in the news. Gives writer and editors plenty of room to publish. Issues: • Libel: Malicious and false information printed. Tough to win cases for those injured, high court costs and can backfire on writer.

3. Rights and Protections • The Right to Access Information • Court has ruled that no special privileges will be given to the media to uncover stories. • Right to Protect Your Sources • Think Watergate, people willing to provide info. but want no claim or fame for it.

4. Shield Laws • Protect sources from being called to appear in front of a judge • Example: Game of Shadows- Barry Bonds, leaked grand testimony required outing of sources

5. Limited Information on Politics in Broadcast Media – WHY? • Less room for details in radio and TV • Sound bites for nightly news • Americans would rather watch something else so news coverage tends to be small • President is consistently only figure to get lots of media coverage.

6. Communications Act of 1934 • First major law on broadcast • Created the FCC (Federal Communication Commission) • Regulation of telephones and radio – later TV

7. Regulating the Airwaves • Federal Communications Commission • Gov’t agency created to regulate radio and television. • It does not necessarily regulate shows on content by censoring it, instead it will fine the company who aired the show. • Examples: Howard Stern and Jackson & Timberlake wardrobe malfunction.

8. Freedom on Information Act 1966 • Reporters use this to get information for stories • Americans have the right to access records about themselves and family held by government • Military records on circumstances on death of a family member who was a soldier • EPA records on pollution monitoring of companies • Some requests can’t be given for national safety interests • Revised in 1996 for information age – much can be accessed/requested online

9. Telecommunications Act of 1996 • First major law on media since 1930’s • Shows now have to have a audience rating. • Example: TV Ratings- G- general audience, M-Mature • Created large media companies due to changes in media ownership regulation (about 5 major broadcasting companies exist now) • Media companies used to have limits on how many companies they were allowed to own per market area. • Now media companies can own a larger share locally and nationally which led to bigger companies/less competition aka - monopolies

10. Results of Telecommunications Act 1996 • Local newspapers bought up by larger companies after the changes from this act • Example – Times Herald, Pottstown Mercury, Lansdale Reporter are all owned by the Journal Register Company • News becomes homogenized with little local differences or control – a very top-down approach • Clear Channel own over 1,200 radio licenses across the country

11. Computer Decency Act 1996 • Tried to regulate obscenity on the Internet but Supreme Court ruled parts of the law unconstitutional in Reno v ACLU • http://www.oyez.org/cases/1990-1999/1996/1996_96_511 • Related Supreme Court Case – Miller v California – local standards determine what is obscene; hard to determine “local” aspect on the Internet

12. Media Moguls after Telecommunications Act of 1996 • Ted Turner (Former head of Time Warner) • Rupert Murdoch (News Corporation)

13. Concerns Over Media Conglomerates • Commercially driven, ultra-powerful mass market media is primarily loyal to sponsors, i.e. advertisers and government rather than to the public interest or readers. • For the general public, there are less diverse opinions and voices available in the media. • Healthy, market-based competition is absent, leading to slower innovation and increased prices. • “canned news” by large broadcast companies that own broadcast rights across the country

14. Regulation of Newspapers • No licenses needed • Least competitive/less gov’t regulation • Most daily papers (80%) are owned by a few large media conglomerates (Garnet, McClatchy, and Tribune Company) • Readership is growing smaller • Prior restraint only for special circumstances • New York Times v Nixon (unsuccessful attempt at prior restraint by government) • False and obscene information, as well as incitement can be prosecuted after publication • For cases with famous people you also have to prove malicious intent not just false information

15. Regulation of TV/Cable/Radio • Need license from government to operate • Deregulation of businesses has allowed about 5 major companies to control broadcasting. • Content Regulations • Rules for language, nudity, etc. Late night allows more – safe harbor rule. • Stations must have programs to benefit the public community. Sundays often used for this.

16. Creating an Equal Playing Field • Spreading the wealth of ownership in a single market is pursued. • Limitations on how many radio stations one company can have in a market. • Also limitations on T.V. and Print media existed to promote multiple views and diverse ideas in public.

17. National Security? • Very few limitations on what reporters can do except when in combat, they cannot announce their position or where they were headed. • Example: Oops- Geraldo Rivera- Iraq • Primarily they used cell phones and broadcasting via satellite to report the war effort, often putting their lives at risk.

18. Questions • Where would you draw the line on the following issues: • Should government be able to regulate what is shown on TV or said on the radio? • What can be shown on T.V.? • What can be said on T.V. & Radio? • How much access would you grant the media in a war zone? • Where does National Security begin?