Electronic Media Regulation

The Players . . . Broadcasters

◦ Stations (affiliates)◦ Broadcast Networks

Cable and Satellite◦ Basic Cable (networks and superstations)

◦ Premium Cable

Online

Main areas of special regulation

Licensing◦ For broadcast stations

Indecency◦ A much stricter standard than

obscenity—can be mere swear words or an errant boob appearance

Scarcity

Trusteeship Theory

Pervasiveness

Special Impact

Why Regulation?

History, part 1◦ Radio Act of 1927

◦ Creates FRC Stations licensed and must operate according to “the public

interest, convenience and necessity.”

Bans indecent, obscene and profane language on the radio

FCC cannot directly “Censor” content, but can choose not to renew licenses or issue fines

Brinkley Case/Trinity Case

History, part 2◦ Communications Act of 1934

◦ FM radio and Television (1930s-1940s)

◦ Development of Cable

◦ HBO 1976

Deregulation (1980s)

Fin-Syn Abandoned Ascertainment Abandoned Anti-Trafficking Abandoned Fairness Doctrine Abandoned Commercial Time Limits

Abandoned(some remain for children’s programming)

TCOM Act of 1996

• Ownership Limits Relaxed

• Licenses Extended to 8 years

• Comparative Hearings Mostly Eliminated

• Cable Rate Regulation Abolished

• Cable and Telephone Companies can Compete with One Another

FCC cannot censor directly But can choose not to renew

licenses Or, issue fines

Content Regulation

Pacifica (1975)“language that describes, in terms patently

offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs, at times of the day when there is a reasonable risk children may be in the audience”

Janet Jackson wardrobe malfunction (2004)Congress amends Communications Act to increase fines from $32,500 to $325,000

Indecency

Bono Golden Globe (2003) “fucking brilliant”◦ FCC originally says it’s OK, but Congress got

mad, so FCC reversed itself Saving Private Ryan

◦ Many complaints, but FCC says OK due to portraying the horror of war

SCOTUS upholds after challenges

Fleeting Expletives

“Safe Harbor” 10 PM to 6 AM

Variable standards for broadcast, basic cable and premium cable

Indecent not always indecent

Violence

Political Ads

Cigarette Ads

Alcohol

Other Issues

Communications Decency Act (CDA) Models?

1. Publisher (newspaper)2. Distributor (newspaper vendor)3. Common Carrier (telephone)

Section 230 (TCOM act of 1996) Anonymity Net Neutrality

Speech on the Internet