5th edition

John V Pavlik & Shawn McIntosh

Chapter 11:Communication Law and Regulation in the

Digital Age

THE LEGAL FRAMEWORK Thomas

Jefferson: “Information is the currency of democracy”

The press: Critical watchdog of government; unofficial “fourth branch,” or fourth estate of government

THE FOUNDATIONS OF FREEDOM OF EXPRESSION National securityClear and present danger

Prior restraintLibelNYT vs. Sullivan (1964)Protecting journalists against libel

Shield laws

THE FOUNDATIONS OF FREEDOM OF EXPRESSION

CensorshipThe censorship of comics

The Hays CodeIndecent contentObscenityCriticism, Ridicule or Humor

THE EVOLUTION OF REGULATING ELECTRONIC MEDIA

Early days and the Radio Act of 1912 (1911-1926)

Increasing regulation and the Federal Radio Commission (1927-1933)

THE EVOLUTION OF REGULATING ELECTRONIC MEDIA The

Communication Act and spectrum scarcity (1934-1995)

The Telecommunication Act and its effects (1996-

present)

Electronic media regulation internationally

THE FEDERAL COMMUNICATIONS COMMISSION (FCC)

The Federal Communications Commission (FCC): the principal communications regulatory body at the federal level in the United States

THE FEDERAL COMMUNICATIONS COMMISSION (FCC)

Universal service The FCC, license

renewal and regulatory power

Spectrum auction

REGULATING COMMERCIAL AND POLITICAL SPEECH

The Federal Trade Commission (FTC): enforces antitrust and consumer protection laws, including cases of deceptive advertising in print, electronic media, and the Internet

REGULATING COMMERCIAL AND POLITICAL SPEECH Commercial

speechTobacco and alcohol advertising

Unclear regulatory boundaries

Political speechEqual-time ruleFairness Doctrine

CHILDREN’S PROGRAMMING PROTECTIONS

The Children’s Television Act

Violent and sexual programming: The V-chip

INTELLECTUAL PROPERTY RIGHTS

Intellectual property

Copyright Patent Trademark Fair use

PRIVACY

Entertainment media: All members of the public appearing on shows, such

as reality shows, game shows, or talk shows, must sign a waiver

granting permission for the show to use their image

PRIVACY Journalists: Try to get information

that others wish to keep private; difficult to obtain records or private information without breaking trespass, eavesdropping, or privacy laws.

Right to privacy: differs between private citizens and celebrities or public figures

LEGAL ISSUES IN THE DIGITAL WORLD

Digital rights management

Privacy Content rights

and responsibilities