media law ethics

1. Media Law & Ethics Mass Media & Society

3. Fourth Estate

4. Categorical speech Incitement �Fighting words� True threats Defamation (some of the time) False commercial speech Obscenity

5. Print v. Broadcast Print and Internet get most protection Broadcast gets less Scarcity Pervasiveness

6. Federal Communications Commission Regulates broadcast media Controls licensing Fines for indecency (Safe Harbor: 10 p.m. - 6a.m.)

7. Obscenity Miller test whether the average person applying contemporary community standards would find that the work taken as a whole appeals to prurient interest; whether the work depicts or describes in a patently offensive way sexual conduct specifically defined by the applicable state law; and whether the work taken as a whole lacks serious literary, artistic, political or scientific value.

8. Defamation

9. Two types of defamation

10. Six elements of libel Publication Identification Defamation Falsity Fault Injury

11. Quotes won�t protect you

12. Defenses to libel Truth Qualified privilege Protected opinion Implied consent Right of reply

13. Common-Law Privacy Violations �Publication of private facts �Intrusion upon seclusion �Appropriation for commercial use �False Light

14. Privacy defenses Newsworthiness Public figure or official Consent Plain view (standing in doctrine) Public record or proceeding

15. Ethical consideration for privacy Journalists need to distinguish among: Right to know Need to know Want to know (not worth privacy invasion)

16. Plagiarism Plagiarism is the taking of someone else�s words, research or ideas and representing them as your own. It is essentially theft of credit for someone else�s work done.

17. Copyright

18. Copyrights Reproduction Distribution Derivative Public performance Public display

19. Criteria for copyright Original to the creator Fixed in a tangible medium of expression Modicum of creativity

20. Copyright Myths Things on the Internet are not protected If it doesn�t have a copyright symbol it is not protected If you change it, it�s OK to use

21. Works for hire Employees do not own copyrights to their work Independent contractors do

22. Length of Copyright

23. Fair Use The purpose and character of the use The nature of the material The amount and substantiality of the portion used in relation to the whole The effect of the use on the market for the work.

24. Commercial speech False commercial speech not protected Regulated by the FTC (but also FCC and FDA)

25. FTC definition of false advertising Representation, omission or practice must be likely to mislead the consumer Act or practice must be considered from the perspective of a consumer who is acting reasonably Representation must be material

26. Responsibility for ad content Advertising agencies can be held responsible for false advertising if they know or have reason to know it is false or misleading Media managers are not responsible for false or deceptive advertising, or for injuries resulting from defective products unless the newspaper, magazine or broadcaster helped to create the ad Unless potential detrimental effects of an ad are so obvious anyone could see it

27. Right to refuse advertising Barring a few exceptions, private publishers and broadcasters are under no obligation to accept advertising. Courts have also extended that into the online realm.

28. Ethics Mass Media and Society

29. Plagiarism

30. Three kinds of plagiarists �� Those who know they are stealing either a part of someone�s work, or the whole thing; � Those who inadvertently drop a citation or become confused about the source of a line; and ��Those who do not understand the rules of plagiarism and do it out of ignorance.

31. David Cragin comparison �Most of these hotels in the city are more than half a century old; they were built for the solitary working man who streamed into the city to toil at the wharves and the railway lines. They were never meant for families.� �Most of these hotels are more than a half-century old; they were built as hives for the working men who streamed to this city to toil at the wharves and the railway lines. They were never meant for families.�

32. Cultural hurdles in journalism

33. What is ethics?

34. Ethical dilemmas

35. Categorical imperative Immanuel Kant - a deontological ethicist Act as though your decision would become universal law Always treat others as ends in themselves, not as means to an end.

36. Utilitarianism John Stuart Mill - a teleological ethicist Act so you would do the greatest good for the greatest number Ethical people consider the consequences of their actions

37. Agape Judeo-Christian ethic Treat others as you would like to be treated The Golden Rule

38. Golden Mean Aristotle and Confucius Look for the middle course between two extremes. e.g. Courage is the middle state between acting cowardly or acting foolheartedly. But some situations don�t have a middle state (i.e. stealing)

39. Veil of Ignorance John Rawls Imagine that all parties affected by the ethical question could disappear behind a veil of ignorance where they might trade places. Parties will pick the solution fairest for all out of self interest.

40. Ethical Principles Categorical imperative ��Immanuel Kant Utilitarianism � John Stuart Mill Agape ��Judeo-Christian perspective Golden Mean ��Aristotle and Confucius Veil of Ignorance ��John Rawls

41. The Potter Box

42. Step 1

43. Step 2

44. Step 3

45. Step 4

46. Step 5