Soc. 118 Media, Culture & Society Chapter Three: Political Influence on Media OVERVIEW The Context of Media Regulation Debates The “First Freedom” and the “Public Interest” Regulating Ownership and Control Outlets, Programming, and Technology Regulating Media Content and Distribution Diversity, Morality, Accuracy, and the “National Interest” Video Presentations Informal Political, Social and Economic Pressure The Context of Media Regulation Debates How do political forces influence the nature of the media? The relationship between the political process and control over the media Use of the media to disseminate propaganda and ideology The press as an instrument of the state Censorship and totalitarian regimes Orwell’s “1984”—technology as “Big Brother” The press as an instrument of revolution Underground and alternative presses Examining the political context in which media operate The role of media in a democracy First Amendment to the U.S. Constitution “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 people to peaceably assemble, and to petition the government for a redress of grievances.” The American Political System and the Media Historical context The US was formed as a response to a monarchy European governments had limited the rights of the media through different tactics The First Amendment Freedom of expression and of the press were almost synonymous Because of means of distribution U.S. established a system of "checks and balances" on power Three branches of government Executive, legislative and judiciary The media as the “Fourth Estate” The American Political System and the Media Relationship of the government to the media Copyright clause of the Constitution Lists “powers of Congress” (Article I, Section 8) “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.” Intellectual property rights The language of copyright statements has evolved to address new technologies In 2000, case against Napster for “peer-to-peer” file sharing The media industry may want government regulation in some matters The American Political System and the Media The Federal Communications Commission (FCC)—1934 Regulation of interstate and international communications 5 commissioners appointed for 5 years 7 regulatory bureaus Responsible for: Issuance of licenses Enforcement of rules Charges for violations Three basic types of communication media Print media Broadcast Common carriers Mail, telephone, telegraph, computer networks Operators must provide equal access to public Often operating as “protected monopoly” The History of Media Regulation Early regulation of broadcast media Based on premise that airwaves are public property Limited electromagnetic spectrum Licensing of broadcast frequencies “Call numbers” of radio and TV stations Protect against interference with military, emergency and other broadcasters The Case of “Pirate Radio” Highlights issues around regulation The History of Media Regulation Changes in technology—new media The consequences of digitization Broadcasts can now be done in binary code The emergence of satellite and fiber optics Increased capacity to transmit vast amount of information at high speed Leads to a convergence of mass media formats More "multi-media" services Changes raise critical new questions about regulation The Debate Over Regulation of the Media Almost everyone agrees about the need for some regulation To protect the rights of the media to function To protect citizens against a too powerful media Debate characterized as “liberals—vs—conservatives” Debates are somewhat paradoxical Liberals tend to support certain regulations that promote diversity Conservatives tend to support a free-market approach but restrictions on content FCC attempts to balance the “public interest” and the interests of various groups Rules evolve along with changes in technology and with the political climate Regulating Ownership of Media Outlets Historically of little concern Easy access to equipment needed to produce and distribute press Technology has changed Broadcast media dramatically expands reach and potential influence Ownership patterns have changed “Press” now affordable only to large corporations Early FCC limitations Anti-trust and common-law monopolies 1996 Telecommunications Act Changed limits on the number of media outlets a single company can own Increased concentration of ownership May be detrimental to free flow of ideas Media companies oppose restrictions Easing of restrictions through deregulation Regulating Ownership of Programming Government intervention in protecting ownership of media properties Copyright laws Government intervention in prohibiting ownership monopolies FCC regulation on TV programming (1970s) Financial interest and syndication (“fin-syn”) rules To encourage a diversity of programs through diverse sources Limits on networks Forcing networks to buy programming from independent producers Change in broadcast media (1990s) Easing of regulations Swift changes in network practices of owning and producing programs Regulating Ownership and Control of Technology Government protection against monopolies Regulations on ownership and control of technologies Example: Telephone companies could not enter cable TV business Deregulation in 1990s New fears of “single wire” monopolies Government intervention in prohibiting ownership monopolies Examples: “Broadband” cable and open-access Digital television broadcast frequencies Microsoft Windows bundled with Explorer (Internet browser) Anti-trust lawsuit Regulating Media Content and Distribution Areas of Concern: Regulating for Diversity Regulating for Morality Sex and Violence Regulating for Accuracy Advertising Regulating in the National Interest Regulating for Diversity The Fairness Doctrine (Established by FCC in 1949) To ensure diversity of views within the program schedule of a station Cover public issues Provide opportunity for the presentation of contrasting viewpoints Sometimes required additional programs to achieve balance Repealed in 1987 (Reagan administration deregulation) Broadcast frequency scarcity no longer posed a problem Marketplace to determine the content of the media Fragmentation of audiences Tuning into stations that support their views Regulating for Morality Concerns about sex (and violence) in the media Outlawing distribution Obscene material is illegal Not protected under First Amendment Debates over definition of obscenity Supreme Court decision in 1973 Three-pronged test Community standards, offensive, lacking in value Controlling distribution Indecent material is legal but limited Regulations Restricting sales of pornography to minors, decency standards in broadcasting, 7 dirty words New problems in regulating the Internet Regulating for Morality: Ratings and Warnings Industry response to concerns about sex (and violence) in the media Self-regulation to avoid external control Movies The Production Code (1934) Prevented release of any indecent material Challenged by filmmakers in 1960s Motion Picture Association of America (MPAA) ratings system (1968) Problems with enforcement X rating associated with pornography became NC-17 MPAA Ratings Rating Symbol Text G - General Audiences All ages admitted PG - Parental Guidance Suggested Some material may not be suitable for children PG-13 - Parents Strongly Cautioned Some material may be inappropriate for children under 13. R - Restricted Under 17 requires accompanying parent or adult guardian. NC-17 - No One 17 And Under Admitted. Regulating for Morality: Ratings and Warnings Music Response to graphic lyrics Parents’ Senate hearings Results Music Resource Center (PMRC) in 1985 in “Parental Advisory” stickers Video presentation: MTV News “When Lyrics Attack” Other Ratings Systems Video games Television Entertainment Software Rating Board Television Ratings Level of rating Sexual situatio ns (S) Fantasy violence (FV) Violence (V) Language (L) TV-Y (unused) (unused) (unused) (unused) (unused) TV-Y7 (mild) (mild) (unused) (unused) (Exclusive) TV-G (unused) (unused) (unused) (unused) (unused) (mild) (mild) (mild) (unused) (moderate) (moderate) (moderate) (unused) (strong) (the D sub rating is unused) (unused) TV-PG TV-14 TV-MA (mode rate) (strong) (Extre me) (Strong) Dialogue (D) The Problem of Violence Studies on the effects of watching violence on behavior Debates about the effects Aggressor, victim and bystander effects Does media shape or reflect society? Four basic approaches to violence on TV Let the marketplace determine programming, no government interference Total ban because it is a public health threat Limit violent programs to certain hours Install “V” chip Regulating for Accuracy: Advertising Other agencies involved in media Federal Trade Commission (FTC) Securities and Exchange Commission (SEC) Alcohol, Tobacco and Firearms (ATF) Two basic concerns Protect the public against fraudulent or deceptive advertising Misleading ads Regulating ads for potentially dangerous products Especially when ads target kids or minors Deregulation in 1980s Advent of “infomercials” Regulating in the National Interest The media’s relationship to government in times of war Tension between: Right to inform the public Government need to protect sensitive information Contrast news coverage of U.S. wars Vietnam War (1965-1973) Gulf War (1991) Reporters given free rein to go everywhere Realistic portrayals of battles, casualties Strict control of media access to war zone (“press pools”) Images and information approved by military Iraq War (2003-2007) “Embedded” journalists with military units Sanitized and positive view of the war Informal Political, Social, and Economic Pressure Political role played by other actors Directly influencing the media Prompting government to act on media Players in the debates over the media Media critics and think tanks Citizen activists Media advocacy organizations