State one specific regulation of the Mass Media that you agree with. Describe how this regulation is one that is more positive for our society than negative.
Nice2020
regulationdue.docx·
Regulation.
You have earned 0 point(s) out of 0 point(s) thus far.
Controlling Media for the Public Good
REGULATION: The mass media have always worked a fine balance between free expression and regulation. Each era, and time of new media, decides how this balance should be. Today we will look at the regulation of media up to our time, and how much free expression is built into the system.
I. Media regulation is based on the need to design media for the public good.
A. Most eras have seen media to be highly controlled by authority: the authoritarian model is a top-down control of media based on what the ruling elite feels like.
1. Both the leaders of the Catholic Church and Kings of many nations controlled what was written/spoken; often with severe punishments for those whose words they didn’t like.
a. The English church passed a law in 1408 preventing any translation of the Bible into local languages, in order to keep the common person from interpreting this work.
b. Many books of the bible were banned from publication in order to maintain consistent views. Controversial books, such as the Book of Enoch, were censored.
b. James Franklin, Benjamin's brother, was put out of business in 1722 for publishing "without government license", which ensured only positive opinions of the government were legal.
c. The Sedition act of 1798 in the US made any criticism of the government or political leaders illegal, letting them govern without fear of opposition.
d. The Espionage act of 1917 in the US included a Sedition act that prevented any criticism of the government or it's actions. This was used to silence any criticism of the war.
In May of 1918, Wilson was successful in getting the Sedition Act passed as an amendment to the Espionage Act.
It became a crime to "utter, print, write, or publish any disloyal, profane...or abusive language" about the United States
government or to disagree with its actions abroad. The act was repealed in 1921.
e. Current leaders of other nations control media expressions simply to avoid opposition that they would find unpleasant.
i. In Zimbabwe is is illegal to display any signs against the president.
ii. In North Korea the media must always put "Great Leader" before the president's name. Tourists are monitored to keep them from any criticisms.
iii. Putin in Russia increasingly attempts to control all messages to only support him. Here is a current one from 2017.
2. Less media regulation leads to "heresy and controversy" as people are exposed to different ideas, and officials are discomforted.
a. English readers of Tyndale's bible took their own interpretations of it outside of official church ideas. Some readers took 2 wives, for example, following the stories of the Old Testament.
b. Pro-Communist media in the US in the 1920's and 1930's led many to support Russia and encourage that form of government for the US.
c. Wikileaks expose of diplomatic cables and other documents continually bypass national security censorship and embarrassed many officials. This has expanded to censored video as well.
"Collateral Murder": U.S. Apache helicopters killing journalist and other civilians in Baghdad
<div class="player-unavailable"><h1 class="message">An error occurred.</h1><div class="submessage"><a href="http://www.youtube.com/watch?v=IEOMchDJOus" target="_blank">Try watching this video on www.youtube.com</a>, or enable JavaScript if it is disabled in your browser.</div></div>
B. More free eras, for the media, need some level of regulation to maintain responsible standards. This should be an active process that responds to public interests.
1. The need for regulation varies depending upon the perceived value of media we have today.
a. Feedback is a perceived high value of media in that we get what we most like and need.
i. Passive regulation is practiced here, having few rules and applying them rarely.
· Television programming is to have no "full frontal nudity". Any violations will be dealt with on a case-by-case basis.
· Radio and TV are not to broadcast any of the "7 dirty words". This ruling occurred only after these were said on a radio broadcast. TV and radio today slowly are allowing this swearing again without penalty.
ii. Penalties are enforced only AFTER problems occur. Usually only after the public complains.
· The 'wardrobe malfunction' by Janet Jackson's Superbowl appearance resulted in a large fine of $550,000 and a requirement for a '6 second delay' system for future shows to enable censoring such events.
· Television stations are 'admonished' for allowing too much commercial material in children's programming. If this continues then additional penalties, such as fines, can be imposed.
· Miss Cleo, a TV psychic, was fined $5 million and forced to discontinue tv ads for a fraudulent practice.
<div class="player-unavailable"><h1 class="message">An error occurred.</h1><div class="submessage"><a href="http://www.youtube.com/watch?v=oxopPDMq7rs" target="_blank">Try watching this video on www.youtube.com</a>, or enable JavaScript if it is disabled in your browser.</div></div>
b. Feedforward is a perceived lower value of media in that we get what the media want to feed us.
i. Active regulation is practiced here, with specific rules and penalties for not following them.
· Cell phone companies must have battery backup for their services with at least 8 hours of capacity.
· Political candidates must be sold TV and Radio time at the lowest unit cost. Every candidate must be given equal quality time slots.
· Obscene programming cannot be shown until after 10:00 at night on broadcast television.
· Broadcast television networks must provide a minimum 4 hours per week of 'quality' children's programming.
· Television commercials cannot be louder than the surrounding programming.
II. How much Regulation occurs differs by type of media. Those with easier access are considered more in need of control than those that require educated or knowledgeable users.
A.Print regulation has the least regulation because it has few “natural resource limitations.” It is relatively easy to publish, it requires conscious effort and sophistication on the part of the receiver to read.
1. Most attempts at regulation are rejected on the grounds that 'reasonable' readers can accurately interpret these texts.
a. The Cherry Sisters musical group sued a newspaper for the following review of their performance:
Billy Hamilton, the editor of the Odebolt Iowa Chronicle attended the Cherry Sisters' performance in Odebolt and published a review, quoted in part as follows:
The audience saw three creatures surpassing the witches in Macbeth in general hideousness. Effie is an old jade of 50 summers, Jessie a frisky filly of 40, and Addie, the flower of the family, a capering monstrosity of 35.
Their long skinny arms equipped with talons at the extremities, swung mechanically, and [soon] waved frantically at the suffering audience. Their mouths opened like caverns, and sounds like the wailing of damned souls issued therefrom.
They pranced around the stage with a motion that suggested a cross between the “danse du ventre” and a fox trot – strange creatures with painted faces and hideous [demeanor].
Effie is spavined, Addie is knock-kneed and stringhalt and Jessie, the only one who showed her stocking, has legs with calves as classic in their outlines as the curves of a broom handle....
Not even in the woods around Sac City, nor in the wilds of Monona county, could three such raw and rank specimens of womanhood be found.
i. The Iowa Supreme Court ruled that this published review was legal under the "right of fair comment". Public performances can be commented upon, even if the performer disagrees with the reviewer.
One who goes upon the stage to exhibit himself to the public, or who gives any kind of a performance to which the public is invited, may be freely criticised.
He may be held up to ridicule, and entire freedom of expression is guarantied dramatic critics, provided they are not actuated by malice or evil purpose in what they write. . . .
Unless this be true, liberty of speech and of the press guarantied by the constitution is nothing more than a name. If there ever was a case justifying ridicule and sarcasm,--aye, even gross exaggeration,--it is the one now before us.
b. Larry Flynt was cleared by the Supreme Court for the following 'libelous work' based on the expectation that "no reasonable person" reading it would think that it was real. It was therefore protected fair comment.
2. Upheld regulation of print is usually on narrow grounds, limited in order to ensure the maximum amount of free speech in print.
a. The Clear and Present Dange r test limits print if its publication is seen likely to cause public harm. This has not effectively been used since the 1950's.
b. Libel law allows fines against publishers if it can be proved they had actual malice against the person they libeled. This is a high standard set to keep censorship low, but is actively used.
i. Fines against internet libel have been awarded to help prevent malicious speech.
ii. Fines against published books that purposely libeled public figures have been awarded to promote accuracy.
iii. Fines against newspapers that purposely lied about a public figure simply to entice audiences.
Teri Hatcher Denies Having Serial Van-Sex
c. Fair Trial laws are applied to prevent media coverage from jeopardizing court trials. Bad coverage makes it almost impossible to get an unbiased jury.
i. The Sam Shepard trials (a case upon which The Fugitive was based) were a mistrial because the newspapers declared him guilty before any jury was assembled.
ii. Judges can ban cameras from courtrooms and sequester jurors in order to limit exposure to biased media.
d. Prior Restraint laws allow the censorship of a publication BEFORE it is published based on a clear and evident threat to the public. This is usually applied to military operations and secrets.
i. It is increasingly difficult to find this type of censorship being upheld.
ii. Past uses, such as the Pentagon Papers, or the Progressive article on "How to build an Atomic Bomb", were shown to be unnecessary.
B. Electronic media is regulated more because of their use of a limited public resource and the easy accessibility of their products: it is an Intrusive product in that anyone with a radio or tv can easily hear or see it.
1. Motion pictures did not have free speech protection when the Hays office imposed its rules on the film industry. From 1930 to 1968 these rules were used to censor films. As you can see from the following video clip
Hollywood productions were pushing towards more sensational presentation and ignoring the more conservative social mores of the time. The result was an imposed code to reign in these types of scenes.
<div class="player-unavailable"><h1 class="message">An error occurred.</h1><div class="submessage"><a href="http://www.youtube.com/watch?v=R3-XCvlTkK4" target="_blank">Try watching this video on www.youtube.com</a>, or enable JavaScript if it is disabled in your browser.</div></div>
2. Radio is censored for scandalous content, including language and subject matter. Infinity Broadcasting paid $1.7 million in fines for the Howard Stern program excesses in discussions of sex.
Regulation.
You have earned 2 point(s) out of 2 point(s) thus far.
Maximizing Free Speech in Regulation.
II. Regulation today is mostly concerned with free expression and corporate protections.
A. Free expression is maintained to maximize the exposure of new ideas.
1. Fuller public information, such as the Freedom of information act is intended to give reporters/citizens fuller information. After a period of time government documents are uncensored and available to the public.
a. The Sunshine law is related to this in that it requires that all government meetings, such as city council meetings, be open to everyone to attend.
b. The Shield law protects reporters protecting the confidentiality of their sources. This increases the chances of people presenting sensitive information to the press.
2. Censorship challenges prevent most censoring of books. Usually attempts to censor books have not been upheld at any level.
3. Rights to privacy have been limited, in order to allow more coverage of people and ideas, even if intrusive.
a. The Mugshot Industry publishes shots of people taken at police stations with any need for permission from the individuals.
b. Paparazzi can freely follow individuals through their lives to obtain pictures for public display.
B. Limits on free expression are set to protect government or business interests.
1. Military operations can have prior restraint on press coverage without needing to prove harm. Military operations in the Middle East have been completely controlled to the point that journalists only see and publish what the military allowed.
2. Business libel laws censor ideas that businesses find objectionable. The Food Slander laws allow any individual or group to be sued if their comments can cause financial harm to a business.
3. Copyright laws have been strengthened to limit the release of media works into the public domain.
a. Copyright lengths have been extended from the original 40 years from publication to 95 years today.
b. Fair Use, the allowance of up to 10% of a copyrighted work to be used without paying, has been strongly enforced to prevent illegal copying of music and video products.
c. Internet removal requests have been followed by sites such as Youtube to protect business ownership of a product or government concern about information.
CONCLUSION: The media are charged with giving the maximum amount of information and views to the public. Thus they are generally subject to very limited regulation. Print media is regulated less than electronic media, which is then higher based on intrusiveness and public resources criteria. There is an increasing amount of regulation to protect government and business control of information and products, which is a contentious issue at this time.
