Sunday, February 12, 2017

Chapter 10: Electronic Media Regulation


Overview of the Topic:

With the emergence of electronic media, the U.S. federal agencies which regulated the dissemination of radios and radio stations emerged accordingly. The Federal Radio Commission was founded in 1927 as the aftermath of unsuccessful communication among the radio broadcasters and stations. The FRC was substituted with the FCC (Federal Communication Commission), which continued to regulate the growing spectrum of the electronic media.

When talking about the First Amendment rights among broadcasters, they have less protection than the print media does. For the most part, only licensed users may use a certain spectrum of broadcasting. Moreover, the FCC is in charge of making sure that the broadcasted content is in the public interest, yet FCC cannot censor the broadcasting material.

Additionally, the FCC set a rule that requires from the broadcasting stations to air at least three hours a week of content that is suitable for children and their cognitive needs. Other than this, the FCC had set a series of strict regulations that guide the amount of broadcasting, the nature of the content, and times of broadcasting as well.
Most importantly, every broadcast station must have an FCC license in order to be able to broadcast. The license is given to the stations that are able to meet a set of complex and strict standards that tend to be adjusted often.

The Supreme Court made the rules about cable stations having to carry some broadcast stations a constitutional rule. This forces cable carriers to set aside certain number of channels for lease. Also, the law limits the number of channels a cable system may devote to programming in which the system’s owner has a financial interest.

The Internet has full First Amendment protection, with limited regulation from the FCC.

Defining Key Terms:

Electronic media: broadcast and newer forms of media that utilize electronic technology or the digital encoding of information to distribute news and entertainment.

Federal Communications Commission (FCC): An independent U.S. government agency, directly responsible to Congress, charged with regulating interstate and international communications by radio, television, wire, satellite and cable.

Federal Radio Commission (FRC): A federal agency established by the Federal Radio Act in 1927 to oversee radio broadcasting, succeeded by the FCC in 1934.

Notice of proposed rulemaking: A notice issued by the FCC announcing that the commission is considering changing certain of its regulations or adopting new rules.

Broadcasting: Use of the electromagnetic spectrum to send signals to many listeners and viewers simultaneously.

Spectrum scarcity: Because a limited number of broadcast radio and television stations in a geographical area may use the spectrum without causing interference, the spectrum scarcity arises.

Lowest unit rate: the maximum rate a broadcaster or cable system may charge a politician for advertising time during the 45 days before primary election and the 60 days before general elections.

Zapple rule: a political broadcasting rule that allows a candidate’s supporters equal opportunity to use broadcast stations if the candidate’s opponents’ supporters use the stations.

Retransmission consent: Part of the federal cable television law allowing broadcast television stations to negotiate.

PEG access channels: Channels that cable systems set aside for public, educational and government use.

Nonduplication rules: FCC regulations requiring cable systems not to carry certain programming that is available through local broadcasting stations.

Net neutrality: The principle that holds that ISPs cannot charge content providers to speed up the delivery of their goods.

Important Cases:

Red Lion Broadcasting Co. Inc. v. FCC – The Court ruled in favor of the Red Lion, stating that the station did not exceed its authority nor violated the fairness doctrine for the political coverage.

Relevant Doctrine:

The FCC’s 2015 Open Internet Order (the three banned practices)

Throttling: Broadband providers cannot impair or degrade Internet traffic on the basis of content, applications or services.

Paid Prioritization: No “fast lanes”. Broadband providers do not favor some traffic over other traffic.

Blocking: Broadband providers may not block access to legal content, application or services.

Current Issues/ Controversies:

Generally, the Internet has provided relative amount of anonymity to certain users that have been hiding behind their avatars and virtual profiles. This often creates more freedom of expression among the anonymous users, where some of the cases grow into cyberbullying and disseminating extreme speech through Internet.

The issue that has come to be in some areas of the U.S. is whether cyberbullying deserves First Amendment protection. Numerous laws have been overruled by the Supreme Court as vague or overbroad, allowing for the Internet bullying to continue consequence-free.

As extreme speech is protected by the First Amendment, rational thinking may be that cyberbullying (which are mostly cases of online extreme speech) should also get the same protection. However, the emotional distress that it may cause and the levels to which it may be directed to only certain number of people potentially draws a different line of law to limit online freedom of expression.

Nonetheless, the Internet is still fully protected by the First Amendment, as its wide and global spectrum is hard to regulate on some equal level.

References:



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