Thursday, Nov. 15, 2012 Media panel day I. Marketing A. New media, Social network change the marketing to interaction. B. For earlier time when you just start business, sustain relationship btw you and your customer (for example, birthday gift coupon). II. Branding A. People’s thinking is belonging to brand. For instance, Harley Davidson lovers consider buying the bicycle. B. Identity = brand = bloodline = back story = lift style. You can make your own brand. What you think, do, act and so on is your entire brand. Let’s take your own brand. III. What was the biggest hurdle you had to overcome in order to get your product/name out there to your customers as a small business? A. You should do having your purpose and make an effort. There is no need to blame on someone. B. From small personal advertisement to big one. IV. What makes a perfect logo? And going to ask: Favorite typeface? A. It has to solve the problem. Name, character … client-based problem. B. Animal; cow. C. Wordmark, minimalistic. D. IBM logo. Simple and colorful. V. How has the social media attention intended for your business affected your personal life and family? VI. I want to major in Broadcasting of some sort but I can’t find my niche. Where do I star? A. There are many chances to talk with parents, friends and many considerations like money. And you stick your decision. B. Successful person in communication field even had a different background. Don’t nervous determine your future. C. There is no limit. It depends on all yours. D. Think about what you like and what you don’t like. VII. Do more than others. The former successful people did that. Tuesday, November 20, 2012 Movie night for earning extra credit Tuesday Dec. 4, 7 p.m. Wednesday Dec. 5 7 p.m. Chapter 11 Advertising Chapter 12 Public Relations What is it? Some call it “propaganda” Some call it spin Some call it “information” It is intended to persuade To change attitudes To reinforce attitudes Isn’t that advertising? Advertising is the placement of a pre-designed ad – print, broadcast, signage, the internet. One must purchase the space or time The seller does not alter the message So what is PR? Press Releases Once they leave the writer’s hand, all control is lost * You don’t need to buy space or time. Pseudo-events Any staged activity designed to attract news coverage News conferences Demonstrations Rallies What’s the purpose? As Edward Bernays explained To inform Various publics (constituted groups) To persuade Change attitudes if not actions To integrate To create onsensus on a shared set of goals, attitudes or actions Who are these publics? Internal Within an organization Employees At various levels In various locations Here at UNO Students Faculty Staff External Outside but related to the organization Clients Suppliers Associated businesses Law makers and regulators Donators Here at UNO Omaha community The tolls News Releases Print Video Loss of control (but it is free) Speeches News Conferences Promotions, sponsorships Drives and campaigns Thursday, November 29, 2012 Chapter 13 Law Do we need a license for to be a journalist? Allen doesn’t think so. Global press freedom rankings 1st rank - Finland, Norway and Sweden 4th – Belgium 5th – Denmark, Luxembourg, Switzerland and Netherlands 9th – Andorra 13th – Palau 22nd – United States of America, Estonia and Jameica 25th – Canada Why do those countries be ranked high position? Why do we need a free press? It’s our only way of finding out what’s going on in our world, country, states and cities * Politicians talk things reflecting their points of view. Army is the same. ** American presses have their own points of view based on America’s advantage. Even with its flaws. * Blue law in North Dakota – All stores are closed in Sunday except gas stations… that was crazy idea. The press needs to be free to inform There is no other way to know (Because it is large city society not rural society that know everything in town.) The Supreme Court has given wide latitude A robust discussion of events Access to entertainment and information The First Amendment Congress shall make no law respecting an establishment of religion (1), or prohibiting the free exercise thereof (2); or abridging freedom of speech (3) or of the press (4); or the right of the people peaceably to assemble (5), and to petition the government for a redress of grievances (6). cf.) UK has an establishment of religion (성공회). * Freedom of expression (3 + 4) ** In 1972 one public radio station made a documentary about language including some music that improper to listen to children. FCC got a mail written that program was improper. It included 3 or 4 min of 1 hour. And at that time, children went to school so they couldn’t listen to that program. What does this mean? What abridges a free press? Censorship Legal actions National Securing/military regulations Can the media print anything they want? No, they can’t. * A reporter insulted someone, so the reporter went a jail for 6 months and the newspaper are close for 1 month. Evolution Prior restraint Libel (in written) (= slender (in spoken) Identifiable Damage False Private individual * All of us Public figure * Celebrities: High level of recognizable position Public official * Politicians: High level of approval Tuesday, December 04, 2012 Public Relations (Cont.) And my privacy? Intrusion – Reporters cannot trespass (except…) (Even if, it was true.) Embarrassing facts * A tennis player had a HIV and media told about it. False light Misappropriation (need to permission to use someone’s photograph) Those damned paparazzi (ex: princess Diana) * Celebrities couldn’t insist privacy in public place like crossroad mall. (It has to need a permission of all stores) Is it obscene or just pornographic? Obscenity is defined partly by courts and partly by the community Taken as a whole Must appeal to prurient interests “exacerbated, morbid or perverted” interest in sex “Serious literary, artistic, political or scientific value” work cannot be banned Child pornography is banned Keep it away from the kids! Sale of pornography to children is prohibited TVs now must come with V-chips TV programs are rated similar to movies Parents can program the chips to prohibit some programs Many cable companies also offer parental controls The Internet Attempts to regulate the Internet have failed in the courts Copyright and plagiarism The right to your words, pictures, images, music Ideas cannot be copyrighted (If someone had a idea about the Facebook before, but it could not be approved) Using someone else’s words without giving credit is plagiarism Thomas Jefferson: Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter. (He believed the value of free press and the danger of controlled press.) Thursday, December 06, 2012 Chapter 14 Media Ethics and Culture Ethics – things we should do Laws – things we must do Ethics on two levels How the media industry should operate in society? What should we do? * By making news, we could know events happened in the world. How individuals working in the media industry should conduct themselves? * New York Post Photo – Ethics Dilemma A photographer took a photo about the man died on the subway platform. But why the photographer tried to save him? He said he pushed the button of camera anyhow. And why the newspaper bought the photograph? Many people critic the present state of journalism. But all newspapers aren’t like New York Times, Omaha World-Herald, etc. That newspaper is… No matter how, the photographer doesn’t take all responsibility that couldn’t save him. There were many other people, too. First Amendment Sets forth the principle of press freedom No word about press responsibility Courts have set standards Copyrights, national security, and so on. * I think Thomas Jefferson’s idea may help it set. Media have set standards Media are a public trust Media also exist to make money * RTDNA.com? ASNE.org? ** If you have information from one original source, you need more than two supplement source, not one for writing newspaper article. The Double Standard Profit (for an owner because it is business just like any other business. Most income comes from the advertisement avenue.) Public Service Make sacrifices (They also need public assistants. They doesn’t pay for interviews and doesn’t receive, too) Offend people (Even the newspapers don’t intend it) Present unpopular views (Newspaper articles don’t express opinions but they have editorial pages to print people’s opinions.) Linking “overall” to “individual” Standards of performance Accuracy and Fairness Jimmy (About 50 years ago, a woman reporter wrote an article about ‘Jimmy’. The baby had a shot of heroin. It discovered it was fabricated. Nobody didn’t trust her and she was fired.) Exploding trucks (Fabricating news led the president of NBC made resign, and the reporter was fired, too.) Behavior of reporters Getting the story at all costs Treating sources and the audience with respect Conflict of interest Possible distortions Checkbook journalism Lambeth’s Five Principles * Doing principles for practice Principle of Justice A concern for fairness (If you don’t believe the source, so you don’t lie on the source) An atmosphere that promotes fairness Principle of Freedom Guarding the freedom of the press Maintaining autonomy and independence (Disney has NBC. Then its newsroom not fair at the news about Disney. People aren’t getting trust about the news.) Principle of humaneness Give assistance to those in need Do not intentional harm to others Prevent suffering where possible (The story about the broadcasting station gave up recording the accident and made a rope made of code for recorder.) Final test on chapter 11, 12, 13, 14 Chapter 11 Ads Directors and TV directors? Pears soap – the first example of brand name Economy of abundance William S. Paley – advertisement on the radio, CBS Different types of Agency department – what creative activity, media planning, research and planning Know about the CPM means (Cost per thousand costumers) The biggest ad medium in U.S. – magazines When is drive time of radio? Morning and evening when people commute Session of 2009 – internet is the fastest growing media type Gay marketing as seems desirable relatively scales TV commercial are typically in 15 minutes per each hour. British television viewer are supported by 311 commercial a week In 2008, 17 billion dollar a year to children In 2006, advertise agency revised guideline advertising for food to children Industrialization Modernization Urbanalization Standardization First major mass medium to be supported by ads in U.S. was newspaper Direct action messages (가서 사세요) and indirect action messages (펩시는 좋아요) Advocacy messages Business ads What are ways of newspaper more effective than radio and TV because newspaper ads allow detailed information The biggest ad medium - magazine ads Targeted ads Zoned ads? Contcting ads? Raided ads? Apple’s 1984 the super bowl ads What are the biggest issues of junk food ads? – Difficulty with defining to what is junk and what is healthy food IMC is including ads, PR, sales promotion Denny’s 2009 super bowl ads Brand names became popular following the Vietnam War – false Syrus H. K. Curtis? – publisher of ladies home journal Primary purpose of Super bowl TV broadcast is deliver 45% of TV audience Marketing campaign for PS 2 New Coke product in 1985 – failed What is the big idea in ads? Grow of digital billboard The biggest advantage of radio ads is that purchase ads at the last minute Disadvantage of magazine ads is taking long time to published Is it critic about ad campaign try selling bad product over extended period of the time – false What Premium image is? People pay more product. Fox’s relationship with advertiser - narrow broadcasting 잠재적 ads are work? It is not. Product integration? Few advertisers want to place product placement in TV and movies – false, it is very effective Advertisers love text message because of targeting and something TV writers think compensate it for product integration – true Google’s adworld and adsense program Chapter 12 PR PR professional Chris Martin said the biggest challenge for her is that university’ wide range of internal and external publics And she said the biggest challenge of conducting PR or major university is dealing with wide range of internal and external publics Ivy Lee – the best way PR accident is dealing with press often Edward Vernays – he wrote the first book about course on PR Who four minute men are during WW I, PR people always ready to give 4 minute speeches PR is consider of management function Edward Vernays said PR campaign – should establish mutual beneficial of relationship for the company and various publics Internal public – students, faculty, staff, employees and External public – everybody else outside Focus group Intranet Employ newsletter is tool used to communicate with internal publics Press compress is tool used to communicate with the media The Domino’s PR crisis in 2009 Obama controlled news about his drug use in college Press agentry Railroad in 1870s managed their image by bribing reporter and editors with cash and travel P. T. bottom? Accused himself of fraud under fake name in order to get publicity Vernyas’s term, opinion readership ROPES model in PR Relations between company and the media should connect two way dialogue Purpose of News release When do they use? PR terms, the crisis consider public damaging into clients’ images 타이레놀 PR campaign – was success in PR Crisis PR of ExxonValdez oil spill – was failed Online PR crisis should track blog and social media people what saying about the company Cuddly animals could be in effective way of drawing attention in serious issues PR problem in Starbucks – online rumor damaged in company Presidential adviser Lenny Davis said about sex scandal - Tell the truth, tell it all, tell it early, tell it yourself Thomas Paine – Common sense paper is early example for PR- true Telephone and utility companies start using PR - false Today Centromotion of PR is the model in two interaction btw institution and its publics PR is the most talking and meeting with people – false Breath Right Company led the super bowl PR Universities see lenny spot on the top ten party school list as a good thing – false Very little of the news originated with PR fractional – false More than 34 thousand lobbies in Washington D.C. PR only work reach and powerful – false (poor and working as well) Political activist make news of PR, they do. Martin Luther king used PR Chapter 13 Law Barber Ringer – Person most responsible creating news doctrine The first amendment is John peter genger case 페이트린 액트린? Definition of libel Truth is not always effective of defense against libel because it is not clear what the truth is Gertg vs. Roberts Same Sheppard trial U.S. vs. Noriega Cohen vs. Cowles media Food lion vs. NBC Several newspaper were prevented penigan paper? Because of prial restraint Roth vs. U.S. case The first copyright law permitted artist, author protect their works for only 20 years FCC equal time provision Editorial cartoons are generally given protection libel – consider stated opinion neither true nor false The first amendment protect for being sooth stadal libeless? New York Times vs. Sullivan Miss properation and Trusion? Hyperphysical situation categorise – the photographer of naked photo woman in the backyard published = trusion Cento argument allowing court room is that trial belongs to the public Progressive case Higel Wood 케이스 Moses vs. Fredrick case Judic Miller case Miller Juller case? Blogger has same protection the reporters has for shield? 실러프? – hard to tell in different course and different rules Matthew Traily case Detailed communicate act in 1996 biggest impact on broadcasting relaxation ownership rules Communicate 디선시 act structed in 1997 because limit human rights of adult? Copyright act in 1976 The first amendment states congress would the president may limit free speech when in the best national introducer – false The under the alien sedesion war in 1798, why 인덴시 were in jail criticize to the government Regal privilege If press has the right using embarrassing photo of ordinary people even they aren’t newsworthy – false French law required people sueing for invasion of privacy to prove in their harm in their revolution Germany and Spain law Protecting privacy government official If journalists have the unconditional right bringing video camera in trial in U.S – false NEAR vs. Minnesota Digital millennium copyright act V-chip Chapter 14 Ethics Meaning of moral Meaning of ethics – what’s the difference btw two? John Steward Mills – the principle of utility, utilitarian Kant’s categorical imperative Golden mean 어베일 이그노러스? Tabloid loundary Sensationalism Who is Sissela Vok? Advertisers control over media 알렉스 which of following – 오비보? 칼귤러 hold their act in san hose’s mercury news after the paper ran the article about how to negotiate better car deal Competition from the internet and cable news channel can push news magazine and newspaper in the carrying more sensational news and photo. – Digital editing and photo section Digital editing of news photo is seen acceptable with similar what could be done in the dark room? Truthfulness Why Imus got fired from CBS radio Ethics how do we make choices btw competing moral principles The same thing – ethics are not how we deal with problem that clear right or wrong answer Ethics involve may seems acceptable – T/F Saliar Bok model analyze ethical situation. She said imagery conversation with everyone involved. The greatest wrong with lying is a tempt someone believe we are sell do not Having accord ethics news organization charges miss conduct – T/F Kant!!!! – give situation and what term is the best descript that situation Magazines authone warns prospecting viewers that reflect negatively on the ads product The media ethics scholar David Martinson said that the journalist most failed the audience by not telling the public win government official and other news sources are lying News photos do little the shape the world – False Newspaper ran sensational stories the president’s mother common prostitute during 1830s – T/F Steven glasses? Why he enabled given fabricating stories? How he got … Ad council was formed during WW II responsed charging unethical ads behaviors 에바스틱 law. How they delayed Mike Barnacle to resign making up story and people and it column because it is very popular and with reader? Hutchison commission PR society of America statement of personal value PR professional should be willing to say necessary to the media protect flight reputation? – False Tabloid laundry The job of ombudsman (represent of the audience) PR firms over hill and Knowlton. They were controversial in 90s. Difference btw ethics and morals Difference btw Sensationalism and journalism Truthful message Situation was newspaper labor Harold? Which of falling within example a potential corporate conflict of interest? Main reason why many reporter reported from the media about SEGO mind disaster were so long because journalist wanted to the story turned out everyone being okay. The purpose family friendly forum to promote show its member embarrassed to be ads. AP photographer Richard Drew justified the publish Sep. 11 saying history making The reporter SEGO mind disaster in park because we are not careful enough introducing them? Conflict of intest issues so newspaper report sports team The news photo has little affect – false Having a code ethics will protect news organization from charge of misconduct – false Ads council Lecture notes Mechance of cool allow noxious to Mooks PR is form of propaganda – false Diffences btw Ads and PR News releases leaves PR firm hands – the firm lose all control how might be use Differences btw pseudo-events and normal events? University’s internal (student, faculty) and external (outside) public Primary age group by advertiser – 18 to 34 years old Documentary Cool – teen girls called midrimss In documentary, Ads campaign certain music – hip-hop and rap MTV was originally founded record company promotion video which already exist and affective marketing form Paradox of trying to market cool is that the moment the market its stop being? Supreme courts very press the press photo strict guideline of accuracy - false Why we need free press The first amendment all 3 branch not protect - not Whether or not the first amendment text government? George Carl’s 퍼시피카 case? Seven words 3 difference layer people to bible which one is the most difficult, the least – Obama and me – normal, not public, public, celebrities - false You have no contract Privacy - true Media company truth is the best defense against charge of rival – true Obscenity is not protective form cannot be banned – false Law is we must do ethics are we should do – true If there is fundamental attention in the press btw two sides that can lead ethical problem, one side need to make a profit, the other is the act as reliable public service Chapter 11 Advertising What is Advertising? “Any form of nonpersonal communication about an organization, product, service, or idea by an identified sponsor.” Birth of Consumer Culture Industrialization: Going from work done by hand in small shops to mass production of goods in factories. Modernization: Changing from a society in which people’s identities are fixed at birth to a society where people can choose who they want to be and how they want to present themselves to the world. Economy of abundance: Where there are as many or more goods available as people are able to buy. Brand names: A word or phrase attached to prepackaged consumers goods so they can be better promoted and identified . Early brands include Quaker Oats, Pears’ Soap. Advertising Supported Media 1830s: Penny press newspapers Mid-1800s: Consumer magazines Radio and television conceived as advertising media “We’re in the business of selling audiences to advertisers. [The sponsors] come to us asking for women 18 to 49 and adults 25 to 34, and we try to deliver.” Consumer Advertising Local advertising Designed to get people to use local stores, businesses, or service providers. National advertising Designed to build demand for a nationally available product or service. Direct action message: Designed to get consumers to go to a particular place or engage in a specific action, such as purchasing a product. Indirect action message: Designed to build the image of and demand for a product without calling for a specific action. Other Forms of Advertising Advocacy advertising: Designed to promote a particular point of view rather than a product or service. Can be sponsored by a government, corporation, trade association, or non-profit association. Public service advertising: Designed to promote the messages of non-profit institutions and government agencies. Trade Advertising Also called business-to-business ads Promote products and services to other businesses. The Advertising Business Client: The company with something to sell Agency: Advertising professionals Media: Where the ads appear Audience: Message recipients The Agency Research and planning: How do you meet the clients’ objectives? Do the ads accomplish what the client wants? Creative activity: Creating the ad itself. Often a tension between creativity and salesmanship. Media planning: Deciding which media provide the most cost- effective way to reach the target audience. The Media Newspapers Magazines Outdoor advertising Radio Television Internet The Audience Targeting Trying to make a product or service appeal to a narrowly defined group. Targeting is done with demographics, geographics, and psychographics. Psychographics and VALS Not just who the audience is, but what motivates them Psychographics look at people’s lifestyles, relationship to the product, and personality traits. VALS, developed by SRI International, places people in eight categories based on motivation and level of resources. Example: Targeting Gay Consumers Perceived by advertisers as upscale and educated. Gay market estimated at $641 billion. Absolut vodka was early gay advertiser. Gay-targeted ads becoming increasingly mainstream (Truth #3) Advertising Myths Advertising makes you buy things you don’t want. Advertising makes things cost more. Advertising helps sell bad products. Advertising is a waste of money. The Problem of Clutter Clutter: The large number of nonprogramming messages that compete for consumer attention on radio, television, and the Internet. Breaking through the clutter is an ongoing challenge for advertisers. Making ads more important than the program Apple’s 1984 Super Bowl Ad Introduced Macintosh computer Indirect action, national ad One of the most memorable commercials ever Established idea of the event commercial Early example of integrated marketing communication Advertising to Children Children are a growing advertising market 1978 study says children see 20,000 television commercials a year. Add to that product placement, in-school programs, mobile phone ads, and ads in video games. Food Ads Directed at Kids Does food advertising contribute to childhood obesity? Should advertising of “junk food” to children be limited? (What is “junk food”?) Should there be other limits on advertising to children? What would the consequences be of advertising to children? Integrated Marketing Communication An overall communication strategy for reaching key audiences using advertising, public relations, sales promotion, and interactive media. Denney’s IMC Reintroduce brand to light and lapsed customers Super Bowl and newspaper ads Free Grand Slam promo Press kit / media attention Web site Evaluation Future of Advertising Loss of television audience to DVR Mobile phone advertising Product placement / integration Google AdWords and AdSense Chapter 12 Public Relations: Interactions, Relationships, and the News Public Relations “The management function that establishes and maintains mutually beneficial relationships between an organization and the publics on whom its success or failure depends.” Origins of Public Relations Press agentry: Sending one-way communication from the press agent to the media with little opportunity for feedback. Was often deceptive and unethical. Early users of press agentry: P.T. Barnum, Standard Oil, railroads, temperance & abolitionist movements. Ivy Lee Early PR practitioner Helped railroads deal with image problems Importance of telling the truth Declaration of Principles Edward L. Bernays Applied social-scientific research techniques to public relations Engineering consent Applying principles of psychology and motivation to influencing public opinion Wrote Crystallizing Public Opinion and Propaganda Recognized importance of the crowd World War I & PR Committee on Public Information CPI run by newspaperman George Creel Four-Minute Men: Importance of interpersonal channels Opinion leadership: A two-step process of persuasion that uses influential individuals to deliver information to the community. (Two-step flow) Functions of Public Relations According to Bernays, the functions of public relations are: Informing Persuading Integrating ROPES Public Relations Process Research— Researching opportunities, problems, or issues Objectives— Specific and measurable outcomes Programming— Activities to carry out objectives Evaluation— Testing prior to campaign, monitoring during delivery, measuring outcomes Stewardship— Maintaining relationships created during previous steps Who Are The Publics? Public: Any group of people who share a common set of interests and goals Internal publics: People within the organization External publics: People outside of the organization Media relations: Two-way interactions with members of the press Principles of Crisis Communication Be prepared: Have a plan for things that are likely and unlikely. Be honest: Lies will catch up with you and hurt worse than the original problem. Ask Richard Nixon or Bill Clinton. Apologize, and mean it: Real apologies include action. Move quickly: The news cycle moves quickly. You can’t get left behind. Communicate with the press and other constituencies: Remember, these include internal and external publics, along with the press. Example: Tylenol Scare Tampered-with Extra Strength Tylenol capsules kill 7 people in Chicago. Johnson & Johnson immediately pulled product off the market in Chicago. In response to public fears, recalled all Tylenol nationwide. PR firm Burson-Marsteller handled corporate communication for J&J. Reintroduced product with triple-sealed packaging. Communicated using sales reps, press conferences, and 60 Minutes interview. Quickly regained public trust and market share. Example: Exxon Valdez Oil Spill Oil tanker runs aground, spills 240,000 barrels of crude oil into ocean. Exxon perceived as being at-fault for spill. Lacked effective crisis plan. Failed to control information environment. Failed to accept responsibility immediately. Corporate image still suffering more than 20 years later. Challenges for PR from the Internet Internet gives critics access to world without gatekeeper limits of journalism. Online crises can’t be contained. Internet makes confidential leaks easy. Rumors flourish on Net when good information fails to flow. Illustration of Truth #5—New media are always scary. Responding to an Internet Crisis Identify your crisis team Includes PR professionals, lawyers, digital communication specialists. Imagine your worst nightmare And have the online resources in place ahead of time. Track the blogosphere and social media Know what people are saying about you, and be responsive to people who are talking about you. Don’t wait You have a limited time to respond. Public Relations and the News Much news starts out as press release, press conference, speech, or event created to be covered by the media. But limits to what PR professionals can do when it comes to news coverage. Government and PR More than 34,000 lobbyists registered to work in Washington, D.C. Government and politicians make extensive use of public relations. President Obama “outed” his college-age drug use in 1995 book Dreams From My Father to get the story over early in his career. Spin Control Attempting to shape how the press interprets (spins) stories. Spin Techniques Selectively leak information in advance, hoping reporters will pay more attention to early information. Contact press immediately after an event with your interpretation of the situation. Push the idea that there are always two sides to every story. PR and the Civil Rights Movement Needed action, words, and visibility. Conducted protests where local officials could be counted on over-reacting. Made sure northern press would witness protests. Martin Luther King Jr. wrote Letter from Birmingham Jail while imprisoned on Easter weekend. Timing gave message much more force. Chapter 13 Media Law: Free Speech and Fairness The First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; Or abridging the freedom of speech or of the press; Or the right of the people peaceably to assemble, and to petitions the Government for a redress of grievances.” Roots of American Free Speech John Peter Zenger Case Zenger’s New York Journal accused New York governor of corruption. Governor had Zenger thrown in jail for seditious libel (criticizing the government). Zenger’s defense: The published charges were true. Jury found Zenger “not guilty.” Established truth as defense against libel. Limits on Free Speech Alien and Sedition Acts (1798) Made it a crime to criticize government of the United States. Thomas Jefferson eventually pardoned everyone charged under it. World Wars I and II During times of major wars, sedition becomes a crime; suppresses dissent. Post-9/11 Limits on Free Speech USA PATRIOT Act Permits more wiretaps and domestic surveillance. Widens definition of what is terrorism. Allows FBI to examine individuals media use. Truth #4—Nothing’s new: Everything that happened in the past will happen again. Media Law Issues Libel Invasion of privacy Free press / fair trial Honesty & the press Prior restraint Free speech and students Shield laws Obscenity Copyright and fair use Broadcast Regulation Telecommunications Act of 1996 Libel—Elements of Libel Defamation: Is it damaging a person’s reputation in some way? Identification: Can other people recognize person in story, even if name isn’t used? Publication: Is the story published or broadcast / seen by a third party? Libel—Defenses against libel Truth: Based on Zenger defense. But what is truth? Privilege: Statements made in government meetings, in court, or in government documents is protected. Strong defense. Opinion: Opinions neither true nor false so can’t be libelous. Libel—New York Times v. Sullivan Sullivan was Montgomery, Alabama police commissioner. Civil rights ad in NYT had error; Sullivan claimed he was libeled by errors. Alabama courts ruled Sullivan was libeled, even though he was not identified and errors in ad had nothing to do with Sullivan. Supreme Court reversed ruling; said errors were “inevitable.” Truth must be open to public debate. Ruled public officials must show “actual malice” to win libel suit. Gertz v. Welch extends “actual malice” standard to public figures. Invasion of Privacy Intrusion: Trespass into a space surrounding a person or property under his/her control. Embarrassment: True but embarrassing facts that are not newsworthy. False light: Untrue statements that change a person’s public image. Misappropriation: Right to commercial use of name / image. Privacy law in Europe Free Press / Fair Trial 1966: Sam Sheppard Fugitive case Judge’s job to get fair trial for defendant. Can’t stop coverage of trial. 1990: Noriega v. CNN Temporary restraining order against CNN. CNN violated restraining order, paid fine. Order eventually lifted. Cameras in the Courtroom Banned in 1935 for being disruptive. New technology makes still/TV cameras less intrusive. Allowed in many courts on a case-by-case basis. Honesty and the Press Cohen v. Cowles Media Is a reporter legally obliged to keep a promise of confidentiality? Food Lion v. ABC Producers for Prime Time Live lied to go undercover to investigate Food Lion. Court said producer behavior was wrong, but only awarded Food Lion $2 in damages. Prior Restraint – Near v. Minnesota 1931 case, newspaper publisher Jay Near made racist, anti-Semitic charges in paper. Minnesota court stopped Near from publishing. U.S. Supreme court ruled that prior restraint could only be used to suppress military information in time of war and obscenity. Prior Restraint – The Pentagon Papers Daniel Ellsberg leaked report on Vietnam policy. Said leaked documents were embarrassing but had no secrets. Restraining order against NYT and other newspapers kept story from being published for two weeks. Supreme Court ruled that need for “informed and enlightened citizenry” outweighed government desire for secrecy. Prior Restraint – The Progressive Progressive magazine tried to get story about how nuclear weapons worked censored. Story was all based on public information. District court issued restraining order against magazine. Other authors published same information as was in Progressive article. Order was rendered moot and dismissed. Free Speech & Students Hazelwood v. Kuhlmeier High school newspaper is a classroom exercise, not a vehicle for free speech. Administrators could censor publications for any content “reasonably related to legitimate pedagogical concerns.” Morse v. Frederick Frederick puts up banner saying “BONG HiTS 4 JESUS” outside school. Suspended for two weeks. Supreme Court said principal could punish speech that could “reasonably be viewed” as promoting illegal drugs. Frederick supported in court by ACLU, gay rights groups, and Christian Legal Society. Shield Laws Laws that give journalists special protection from testifying in court about their stories and sources. Many states have shield laws, but no current federal law. NYT reporter Judith Miller jailed for 85 days for refusing to testify in Scooter Libby case. Question as to whether shield laws protect bloggers. Obscenity—Roth v. United States Three-part test: Whether obscene to the average person, Applying contemporary community standards, The dominant theme of the material taken as a whole appeals to prurient (obsessively sexual) interest. Obscenity – Miller v. California Starts with Roth test States can ban specific types of content, such as child pornography. Material that has “serious literary, artistic, political, or scientific value” cannot be banned (LAPS test). Protects material such as sexual health information, explicit literature. Obscenity in the Information Age Internet and cable / satellite television make it difficult to define whose “community standards ” apply. Courts have yet to definitively rule on this issue. Problem of “indecency” versus “obscenity.” Copyright & Fair Use 1790: First U.S. copyright law passed, protects works for 14 years + can be extended for 14 more. 1890s: International works protected by copyright. 1976: U.S. copyright law heavily revised, creates concept of fair use. 1998: Copyright Extension Act extends copyright length, protects Mickey Mouse. 1998: Digital Millennium Copyright Act extends protections on digital media. 2002: Creative Commons creates middle ground between full copyright and public domain. Broadcast Regulation 1927: Federal Radio Commission created. 1937: Radio Commission becomes Federal Communication Commission (FCC), regulates all electronic communication. Broadcast Regulation—Fairness Equal time Provision FCC policy that requires broadcast stations to make equivalent amounts of time available to all candidates running for public office. Fairness Doctrine Former FCC policy requiring broadcast stations to “afford reasonable opportunity for the discussion of conflicting views.” Repealed in 1987. Telecommunications Act of 1996 Required V-chip in television sets. Relaxed ownership rules on broadcast stations. Attempted to regulated content on Internet with Communications Decency Act portion of law. 1997: Supreme Court strikes down CDA. Chapter 14 Media Ethics: Truthfulness, Fairness, and Standards of Decency The Images of September 11, 2001 AP photographer Richard Drew’s dilemma Why take the pictures? “I photograph what happened, and, in turn, I record and document history, and this is what happened. This is history. “ – Richard Drew Morals versus Ethics Morals An individual’s code of behavior based on religious or philosophical principles. Morals define right and wrong in ways that may or may not be rational. Ethics A rational way of deciding what is good for individuals or society. A way to chose between competing moral principles or when there is not a clear right or wrong answer. Aristotle Golden Mean Moral virtue is appropriate location between two extremes. Martinson says: Journalists take overly simplistic view of Golden Mean, assume it values compromise rather than finding virtue. Immanuel Kant Categorical imperative A moral obligation that we should act in a way in which we would be willing to have everyone else act. Do not treat people as a means to reach an end. Cannot justify behavior based on desirable outcomes. John Stuart Mill Principle of Utility Ethical behavior arises from that which will provide the greatest good for the greatest number. “An act’s rightness is a desirable end.” – John Stuart Mill John Rawls Veil of ignorance Justice comes from making decisions that maximize liberty for all people and without considering which outcome will give us personally the biggest benefit. Social Responsibility Ethics The press has a responsibility to give voice to the public and to society. The free press may not live up to its obligations to the public because of its need to serve its owners. Sissela Bok’s Model for Ethical Decision Making Consult your conscience. Seek alternatives. Hold an imaginary ethical dialogue with all involved. News: Truthfulness Is the speaker/writer attempting to deceive people? Is the statement itself true or false? Is the person trying to “make them believe what we ourselves do not believe”? Are journalists providing “the truth about the fact”? News: Corporate Conflict of Interest How do you report on organizations your parent company owns? GE, NBC and MSNBC Disney and ABC News organizations and professional sports teams News: Sensationalism Sensationalism News coverage that panders to audiences with lurid and highly emotional stories of crime, sex, violence, and celebrities. Tabloid laundering When respectable media report on what tabloids are covering. Sago: Getting the Story Wrong Thirteen miners were trapped deep underground. One was found dead early in the evening. About midnight rumors spread that remaining twelve miners were alive. press reporting the good news. Papers went to In reality, only one miner was alive. Sago: What happened? The problem of midnight deadlines. News organizations were too comfortable passing on unconfirmed rumors. Reporters were looking for a “miracle story” where everyone would be ok. Reporters needed to be much more careful on sources. Digital Photo Editing How much is too much? What is an acceptable level of photo manipulation? Should viewers know to what degree a photo has been altered? Does intentionally making changes in a photo change the viewer’s response to the image? Enforcing Ethics Ombudsman / reader’s representative Code of ethics Truth in Advertising How important is it for advertising claims to be true? Factual claims about drugs and food held to higher standard. Claims of being “best” need to be documented. “The only claims we’d make ought to be suffiently humorous, exaggerated, and far-fetched that no one will take them seriously.” Advertising and Media Control Advertisers may pull ads from publications/stations in response to critical or offensive stories. Magazine editors warn advertisers about controversial articles. Advertisers promote development of television programs they would like to advertise on. Citizens for a Free Kuwait Hill & Knowlton did PR work for Kuwaiti government organization prior to 1991 Gulf War. Agency arranged to have young Kuwaiti women testify about Iraqi atrocities before the Congressional Human Rights Caucus. But young woman was actually the daughter of an ambassador; stories told were highly suspect. Should Hill & Knowlton have investigated woman’s claims before arranging her testimony? Who should the PR agency have first loyalty to: the client or the public? The Boston News-Letter was selling ads as early as 17004. A brand is a word or phrase attached to a prepackaged good that allows for promotion. Thomas J. Barratt developed the first branded soap Penny papers and advertising had a mutually beneficial relationship. Local advertising relies on direct action messages. National advertising relies on indirect action messages. A good example of an advocacy ad would be an ad taking a stance against a new power plant. An advertising client may wish to build awareness of a new product, encourage people to use an existing product more often, convince consumers to switch brands and promote a benefit of the product = all of the above When Coca-cola launched New Coke in 1985, it was extreamely unpopular. George Rowell was the first to publish a directory of newspaper circulation numbers and buy large amounts of newspaper advertising space wholesale. N. W. Ayer and Son was one of the first agencies to write copy, put together the arwork for an ad and plan campaigns = all of the above. One problem advertising researchers face is that the people they want to reach may be unwilling to participate in the research. The "big idea" is one that will make them take action. David Ogilvy suggests advertising does not exist to be innovative, exciting, creative or entertaining. Ogilvy's use of a black eye patch helped boost sales of Hathaway shirts. 80 percent of the ad's effectiveness comes from the headline. CPM is cost per thousand views. The biggest change that has taken place in outdoor advertising has been digital billboards. Drive time refers to the morning and afternoon commute. In a process known as targeting, advertisers try to make a particular product appeal to a narrowly defined group. The VALS System measures psychographics. The criticisams of advertising - it makes you buy things you don't want, it makes things cost more, it helps sell bad products, and it is a waste of money. Advertisers use celebrities to fight clutter. The subliminal advertising has no scientific support. Apple launched a popular commercial during the 1984 Super Bowl. Recently, food ads aimed at children have come under fire out of concerns for children's health. Product intergration is where the product or service being promoted is not only seen, it's also featured as a central part of the story. One of the big problems with internet advertising is documenting how many people have actually clicked in on the ad. IMC sands for Intergrated Marketing Communication. Press agentry was a one-way form of public relations that involved sending material from the press agent to the media with little opportunity for interaction and feedback. Some of the earliest users of PR were railroads and utilities. Ivy Lee and Edward Bernays were the two key founders of modern PR. Ivy Lee was the first to deal with crisis management, and was using spin control as early as 1910. Lee's "Declaration of Principles" outlined how he thought public relations ought to be carried out. Edward Bernays was the first person to apply social-scientific research techniques to PR. The Committee on Public Information used advertising, pamphlets, posters and Four-Minute Men to gather support for America's involvement in World War I? Woodrow Wilson was the first president to have regualr press conferences. Informing, intergrating, persuading are Bernay's three major functions of PR. (not manipulating) Defining the problem or opportunity, planning and programming, taking action and communicating, and evaluating the program are a number of different ways of looking at the PR process. (not spending as much capital as needed) The planning process may involve research to measure various publics' initial perceptions of the client. This can in clude focus gorups. A public is a group of people who share a common set of interests. After the Exxon Valdez oil spill, the company hired a film crew to shoot stories showing its beach and animal cleanup efforts in an attempt to improve relations with stockholders and the public at large. Exxon released them as vidoe news releases. The Principles of Crisis Communication - be prepared, apologize, move quickly. (not stretch the truth if it benefits your client) In 1982, seven people in the Chicago area died after taking cyanide-laced Extra-Strength Tylenol. Johnson & Johnson succeeded in protecting its brand and reputation after the cyanide-poisoning incident because of the company acted quickly and resposibly. After the Exxon Valdez oil spill, Exxon failed to act quickly, passed the blame and appeared arrogant and uncaring. (didn't take responsibility) The Internet has also given companies a means of bypassing the traditional media and communicating directly with various publics. Crisis management consultant Jonathan Bernstein says that blogs and other Web sites create significant new public relations challenges. To this day, Tommy Hilfiger is still fighting a false story using his company's Web site. The Columbia Journalism Review studied an issue of the Wall Street Journal and found that 72 percent of the stories originated from press releases. Individuals responsible for representing their client or organization's ideas in Washington D.C., among elected officials are known as lobbyists. Spin doctors attempt to influence how a story will be portrayed and discussed. The Center for Biological Diversity ran a successful activist public relations campaign, which ended up getting the polar bear put on the endangered species list. Dr Martin Luther King Jr understood the way to draw publicity for the civil rights movement and utilized the press effectively to support his cause. Dr martin Luther King Jr attracted criticism in 1963 after allowing young people to face the dangers of marching in Birmingham, Alabama. In 1733, Peter Zenger accused Governor William Cosby of political corruption for replacing Supreme COurt justices he disagreed with. President John Adams used the Alien and Sedition Acts to have writers fined, jailed or deported for criticizing him. Identification, defamation, publication are required elements for a statement to be libelous. (not accusation) Examples of a scenario where the privilege defense would be used would be a reporter who is reporting on a government document, covering a murder trial or reporting on a government meeting or proceeding. Parody and political cartoon cannot be used as a basis of a libel suit because they are considered opinions, which are neither true nor false. In New York Times v. Sullivan, the Supreme Court held false statements made against public officials made in good faith should be protected. In terms of privacy, the Fourteenth Amendment limits the disclosure of personal information. The statements that it refers to information that is so embarrassing and private that a person has reason to expect that it will not be published, these cases are difficult to win and the defense is difficult because if the information is true, it could be newsworthy are true about the embarrassment defense. In 2000, British Parliament passed the Human Rights Act, which requries the press to observe a "proper balance" between privacy and publicity. Spain and Germanry have no laws governing the actions of the press regarding the private lives of public officials and celebrities. Recommendations from the Supreme Court following the Sam Sheppard case - Put a gag order on all participants of the trial, Postpone the trial, Order a new trial, Change the venue of the trial. (not ban all media coverage of the trial) In the fall of 1990 in United States v. Noriega, the court issued a temporary restraining order against CNN to prevent the network from broadcasting tapes of former Panamanian leader Manuel Noriega talking with his lawyers. The central argument in favor of allowing cameras in the courtrooms is the trial belongs to the public, not to the participants in the trial. In 1982 Republican Wheelock Whitney was running for governor of Minnesota and his campaign managers hired Dan Cohen specifically to leak information to the press aobut the Democratic opponent. In Dan Cohen v. Cowles Media, the U.S. Supreme Court held the First Amendment did not excuse the media from having to live up to the contracts they entered into. Food Lion sued ABC for resume fraud and trespass. The Supreme Court recognized that Food Lion's suit against ABC was really a libel case in disguise. Prior restraint is a judical order that stops a media organization from publishing a story or image. On June 13, 1971, after three months of work, the New York Times started publishing stories about the Pentagon Papers. The Progressive ran Howard Morland's article in November 1979 under the headline "The HBomb Secret: How We Got It, Why We're Telling It." In the case of the high school students who sued over censorship of thier school newspaper, the Supreme Court held a principal could censor a student newspaper when it was produced as part of a class. One way students have reacted against censorship of school newspapers is by starting Webbased newspapers that are not sponsored by the school. New York Times reporter Judith Miller went to jail for 85 days for refusing to testify in the Scooter Libby case. San Francisco blogger Josh Wolf spent close to eight months in jail after refusing to testify about an anarchists' demonstration he witnessed, the longest sentence to date served by a member of the media. The Roth case reaffirmed that the courts could regulate obscenity and that it is not protected by the First Amendment. Radio Act of 1927 created the Federal Radio Commission. The Communications Act of 1934 brought all electronic communication under the control of the FCC. The FCC's equal time provision requires boradcast stations to provide equal air time for all political candidates. Morals are a religious or philosophical code of behavior that may or may not be rational. Golden mean refers to Aristotle's belief of living life in balance. The categorical imperative asks people to consider what would be the result of everyone acting the same way they themselves wish to act. John Stuart Mill refined and promoted the Principle of Utility. The principle of ethics that states that justice emerges when we make decisions without considering the status of the people involved and without considering where we personally fall in the social system is known as the veil of ignorance. In 1947, the Hutchins Commission found that the media has a responsibility to give voice to the public and to society, but may not be able to do so out of need to serve advertisers. Overall poor fact-checking, a system setup to catch errors, but not complete fabrications, his practice of deliberately submitting work at the last minute allowed Stephen Glass's fictitious writings to get published. Patricia Smith and Mike Barnicle left the Boston Globe after both were found to have written fabricated pieces. YM and Teen magazines admitted to doing combining multiple advice/help letters. NBC reporting on General Electric can sometimes provide the grounds for a conflict of interest. The widespread overage of Britney Spears and her friends showing off their "nether regions" by getting out of cars in front of paparazzi while wearing shot skirts and no underwear would be an example of sensationalism. Tabloidization occurs when respectable media report on what the tabloids are reporting. The editors of the Columbia Journalism Review suggest that which of the following two factors are the major reasons for increased tabloidization. The editors of National Geographic digitally "moved" one of the Egyptian pyraids so that a photo of the pyramids would fit on the magazine's cover. The main arguments against the altered O. J. Simpson mug shot that appeared on the cover of Time magazine in 1994 is that it made Simpson look more sinister and guilty. The ombudsman, also known as the reader's representative or audience advocate, takes the point of view of those who purchase or consume the news. The ombudsman's responsibilities include writing a regular column or commentary, listening to the concerns of readers or audience, and writing a regular memo for the news staff. (not managing advertiser relationships) The principles of the Society of Professional Journalists' code of ethics are that seek truth and report it as fully as possible, minimize harm, act independently. (not always question the truth) According to Jeffrey L. Seglin, an ethics columnist for the New York Times, codes of ethics are ineffective due to pressures for profit and nonenforcement. During World War II the advertising industry responded to charges of unethical behavior by forming the Advertising Council. The Center for Science in the Public Interest investigate health claims made by Campbell Soup in the company's "Soup Is Good Food" campaign and persuaded the New York attorney general's office to force several changes in it. After the Don Imus's remarks about the Rutgers women's basketball team, CBS faced pressure from advertisers, CBS network employees and civil rights activists. The biggest controversy involving Calvin Klein's ads arose in the mid-1990s as a result of a campaign that featured young children in their underwear. In 1996 Chrysler sent a letter to 100 major magazines requiring them to notify the car-maker of the plans to print any material that could be perceived as controversial or provocative. In 2000, Gilmore Girls was the first show whose development had been funded by the Family Friendly Programming Forum came on the air. The Public Relations Society of America (PRSA), founded in 1948, established its own code of ethics in 1954 not only to improve the profession's behavior but also to improve the industry's image.