4 Media LawIndecency:As responsible journalists and media members we may not record or publish material that is obscene, profane or indecent.Indecent subject matter includes words, photos, videos, and graphics.
5 Media LawObscenity:Legally obscene materials are not protected by the First Amendment.This applies to what you do, say or depict.In 1973, Miller v. California (413 U.S. 15) set forth a test for obscenity:If an average person, applying contemporary local community standards, would find the work, taken as a whole, appealing to impure interests … it’s obscene!If the work depicts or describes, in a patently offensive way, sexual conduct … it’s obscene!The work, taken as a whole, lacks serious literary, artistic, political or scientific value … it’s obscene!
6 Media Law What are our contemporary local community standards? Obscenity:What are our contemporary local community standards?Highland Park Middle School standards!
7 Media Law Copyright: What can be copyrighted? Literary and artistic works, poetry, scripts, music, lyrics, photos, motion pictures, videos and sound, etc.What may not be copyrighted?Factual or historical information (news), but descriptions of news events may be copyrighted.The Fair Use Doctrine:Anyone can make limited use of copyrighted works.Whether the use of something that is copyrighted is a fair one is determined by weighting:The nature of the work.The percentage of the work that is used.The effect on the owner’s right to make a profit.Is it used for commercial or non-profit educational purposes.Bottom line: Don’t Steal It And Put It In The Yearbook!
8 Media Law Libel & Slander: Meant to protect people who’s reputations have been wrongfully damaged.Libel:A written defamatory statement.Slander:A spoken defamatory statement.What constitutes libel & slander:Defamation. Identification. Publication or Broadcast. Fault as a result of negligence. Actual damages.What are the defenses:Truth. Fair comment & criticism. Privilege.Bottom line: Don’t publish bad or mean things about people.
9 Media LawPrivacy Law:Invasion of privacy is a legal action that can be taken against a media organization if the subject feels their privacy has been invaded.It’s like Libel and Slander law in that invasion of privacy is determined by the subject (victim).There are four types of invasion of privacy:Intrusion upon a person’s physical solitude.Broadcast or publication of private facts, causing embarrassment.Placing a person before the public in false light.Unauthorized commercial exploitation of a person’s name or likeness. (If you use a person’s name, voice, image, photo or any other elements of their persona, you must have consent).Bottom line: Get people’s permission to record their image, voice, opinions. Get people’s permission to publish their photos, quotes, etc. If they say “NO,” that means NO! If they’re on the DO NOT PHOTO list, that means NO!
10 Media Law Staff Policies: I exercise editorial control over style and content of student speech in school-sponsored expressive activities.Students shall observe standard media law practices, ethics, morals, modesty and appropriateness.I will not allow content that:Might reasonably be perceived to advocate drug or alcohol use, sex, bullying, fighting or conduct otherwise inconsistent with the shared values of HPMS and this the Park Cities community.Is inappropriate for the level of maturity of our audience.Does not meet decent community standards.Associates the school or me with any position other than neutrality on matters of controversy.
11 Media Law Staff Policies: When on assignment and while representing HPMS journalism, you are prohibited from:Loitering/being in the wrong or a restricted areaRunning, pushing, shoving, littering, or throwing objectsProducing loud and unnecessary noises that disrupt learning activitiesTaunting, bullying, or invading the privacy of other students or facultyUsing offensive language or doing offensive actsLeaving the school building without permissionEngaging in inappropriate physical contactRecording in any restrooms or locker roomsRecording students, teachers/staff, or classrooms without permissionPublishing any material that is false, offensive to school/community standards, challenges media laws, or paints any individual in a bad light
12 Media Law Staff Policies: When on assignment and while representing HPMS journalism, you are prohibited from:Publishing any information, graphics, video, photos, or anything from a student or staff member who asks not to be identifiedAllowing non-staffers to handle our equipmentStealing and publishing any copyrighted material that is not your ownDistributing or displaying unapproved material that could be offensive to othersActing disrespectfully to school personnel or guests in the buildingEngaging in any activity that causes a disruption of the school day, or of a school programTrespassingAny action which could cause injury or harm to another or damage to our equipment
13 Think about the consequences of what you do. Your Yearbook is Public RecordBe Cafeful!Make good choices.Stay out of trouble.Think about the consequences of what you do.