Principles of Electronic Media
William R. Davie and James R. Upshaw
Chapter Eleven - Law
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Principles of Electronic Media
Chapter Eleven - Law
Restriction of free thought and free speech is the
most dangerous of all subversions. It is the one unAmerican act that could most easily defeat us.
U.S. Supreme Court Justice William O. Douglas
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Principles of Electronic Media
Chapter Eleven - Law
Principle #1
The government licenses broadcasters to
serve the public interest.
 “Because
broadcast waves are a natural
resource – one defined as scarce and limited –
their use is guarded in laws established by
Congress and enforced through an executive
agency, the Federal Communications
Commission” (246).
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Principles of Electronic Media
Chapter Eleven - Law
Beginning with the Rule of Law

Wireless Ship Act of 1910 – Wireless Rules


The Intercity and Zenith Cases


From 750kHz to 550 – 1500kHz
Enforcement
Radio Control Bill of 1927 – The FRC to the FCC

Herbert Hoover
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Public Interest Vs. Profit
 Radio
was immediately realized for its
commercial potential.
 John
R. Brinkley “Medical Question Box
Show”
 “Bullet Bob” Shuler: Hate speech, defamation
 Aimee McPherson: “Please order your
minions of Satan to leave my station alone.
You cannot expect the Almighty to abide by
your wavelength nonsense” (248).
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Principles of Electronic Media
Chapter Eleven - Law
Principle #2
Public ownership of the spectrum
requires government oversight over the
use of its frequencies.
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Principles of Electronic Media
Chapter Eleven- Law
Federal Communications Commission
 The
FRC became the FCC in 1934 when
its oversight was extended to include all
electronic media
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FCC Structure
 Structure
 Membership
 Five
commissioners appointed by the President.
 One
commissioner also serves as Chairperson.
 Only
three commissioners may be of a single
political party
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FCC Structure
 Making
Rules
 Notice
of Inquiry
 Notice
of Proposed Rule Making
 Report
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FCC Structure
 To
receive a license to broadcast you
must…
 Obtain
a Construction Permit by…
 Confirming your U.S. citizenship.
 Confirming your character (no felons).
 Confirming your finances (having sufficient
resources to run the station without profit for
three months).
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FCC Penalties
 The
FCC may issue fines or revoke
licenses for…
 Obscenity
or indecency
 Soliciting money under false pretenses
 Violations of the public trust
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Principles of Electronic Media
Chapter Eleven - Law
Principle #3
The scarcity of spectrum space limits
broadcast frequencies and station
licenses.
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Principles of Electronic Media
Chapter Eleven - Law
Principle #4
Competitive bidding—not the promise
of performance—determines who gains
access to telecommunications channels.
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Principles of Electronic Media
Chapter Eleven - Law
Media Ownership
 Almost
all U.S. media comes from five
source corporations: Time Warner, Disney,
News Corporation, Viacom, and Bertelsmann.
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Media Ownership
 1952
“rule of sevens” cap on ownership
 “This
simply meant that the maximum
number of broadcast outlets for any one
person or corporation to own was seven AM,
seven FM, and seven TV stations. The
rationale was that more broadcast owners
meant more differences of opinion and more
diversity in the marketplace of ideas, and that
formula stood until 1984” (254).
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Media Ownership
 The Telecommunications Act
of 1996
 The
“all you can own” rule for radio stations.
 “There are rules governing the number of
radio stations, TV stations, and newspapers
one owner can control by applying a formula
to take into account the varying sizes of the
media markets” (254).
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Media Ownership
 Diversity
in ownership
 Capital
gains tax breaks given to broadcast or
cable properties that were sold to women or
minorities.
 Partial recovery of investment in cases of
distress sales to women and minorities.
 Both of these programs were done away with
in 1995.
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Principles of Electronic Media
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Principle #5
Media consolidation leads to monopoly
if left unregulated.
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Principles of Electronic Media
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Delivery Systems and Regulation

Cable Franchising

Cable Communication Policy Act of 1984: Gave FCC
power over cable regulation and permitted cable
companies to set their own rates

1992 Cable Law: Set limits on cable fees and promoted
competition through “overbuild.”

Must-Carry Controversies
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Principles of Electronic Media
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Delivery Systems and Regulation

Regulating Satellites

“Satellite systems are licensed, and the Cable Television
Consumer Protection and Competition Act of 1992
granted satellite television equitable access to all cable
channels available” (260).

Multipoint Multichannel Delivery Systems
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Delivery Systems and
Regulations

The Telephone Companies

FCC “Video Dial Tone” decision of 1992


Permitted common-carrier video service through wires
The Telecommunications Act of 1996

Lifted cross-ownership ban on telephone and cable
services

These factors together acted to unite phone and
cable services.
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Principles of Electronic Media
Chapter Eleven - Law
Establishing Standards for Content
 The
Fairness Doctrine
 “The
fairness doctrine grew out of the FCC’s
longstanding commitment to ‘the free and fair
competition of opposing views’” (261).
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The Fairness Doctrine

“The commission’s Fairness Report in 1985
deemed the Fairness Doctrine a failure. Congress
desagreed and tried to codify the doctrine into law.
President Reagan’s likely veto and radio talkshow
host Ruch Limbaugh were all that stood in the
way – but they were enough” (261).
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The Fairness Doctrine
 Clinton
attempted to revive the fairness
doctrine by inviting a new bill, but it lacked
the necessary congressional support.
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Principles of Electronic Media
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Principle #6
Advocacy groups influence policy and
law for electronic media, including
children’s television.
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Principles of Electronic Media
Chapter Eleven - Law
Intellectual Property
 Three
areas of trademark protection
 Slogans,
 Patents
Logos and Brand Names
for inventions
 Copyright
protection for a “fixed, tangible
medium of expression” (one cannot copyright an
idea).
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Fair Use
 “Fair
use is the term for a privilege to use
copyrighted material in a reasonable
manner without the owner’s consent
 Limited use for a useful literary purpose.
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Fair Use

The Copyright Act of 1976
 Four Criteria for Fair Use

Did the original work fall under copyright protection?
 How much of the substantive content was exploited?
 Was that secondary use intended to make a profit?
 Will that use affect future profits for the copyright
holder?
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Fair Use
Orbison Vs. 2 Live Crew for “Pretty
Woman”
 Woody Allen (image)
 Jackie Onassis (image)
 Roy
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Principles of Electronic Media
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Principle #7
There is no absolute protection for one's
ownership of original and creative
content.
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Principles of Electronic Media
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The First Amendment – Free Speech

Defamation: Slander and Libel

Public & Private Figures

Malicious intent (knowledge of falsehood or disregard
for the truth) for celebrities.

Fair comment or criticism

Rhetorical hyperbole
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Principles of Electronic Media
Chapter Eleven - Law
Principle #8
Public officials and figures receive less
protection for their reputations than
private citizens do.
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Principles of Electronic Media
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Principle #9
In granting electronic media access to the
courts, jurists balance the right to a fair
trial against the freedom of the press.
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Chapter Eleven - Law
The First Amendment – Free Speech

Obscenity and Indecency

Obscenity: Prurience, Offensiveness, Value

Indecency: Language or material that, in context,
depicts or describes, in terms patently offensive as
measured by contemporary community standards for
the broadcast medium, sexual or excretory activities, or
organs.”
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Indecency is Protected
 Indecency
is provided “safe harbor”
between 10pm and 6am.
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Indecency on the Internet
 Communication Decency Act
of 1996
(Part of the Telecommunications Act of
1996) (Defeated).
 The Child Online Protection Act of 1998
(Defeated).
 Children’s Internet Protection act of 2001
(Law).
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Principles of Electronic Media
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Principle #10
Obscenity always is illegal, but “indecent”
communication is permitted when children
are not in the audience.
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