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Regulation. Gutenberg created moveable type press Gutenberg created moveable type press Suddenly everybody had access to printed material Suddenly everybody.

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Presentation on theme: "Regulation. Gutenberg created moveable type press Gutenberg created moveable type press Suddenly everybody had access to printed material Suddenly everybody."— Presentation transcript:

1 Regulation

2 Gutenberg created moveable type press Gutenberg created moveable type press Suddenly everybody had access to printed material Suddenly everybody had access to printed material Allowed wide-spread opinions and influence Allowed wide-spread opinions and influence Stimulated demand for literacy Stimulated demand for literacy Public opinion molded Public opinion molded

3 Church and State Noticed the power of the press Noticed the power of the press Started imposing rules on printing Started imposing rules on printing

4 The Church One of the first and most important customers One of the first and most important customers Said “do it our way or else” Said “do it our way or else”

5 Indulgence

6 Martin Luther

7 Martin Luther’s Theses

8 Thus was born the Protestant Reformation

9 Naturally, the Catholic Church fought back Started the first propaganda war

10 Religious broadsides

11 Luther’s German Bible - 1520

12 For the Catholic Church printing was considered the enemy Excommunication for writing or reading banned books Excommunication for writing or reading banned books Papal Forbidden Books list Papal Forbidden Books list

13 Inquisition

14 Book burning

15 People burning

16 Aristotle 384 BCE – 322 BCE

17 Galileo Galilei: 1564 - 1642

18 Siderius Nuncius

19 Problem with Galileo Told a new story about how the universe works Told a new story about how the universe works The Earth is not the center of the universe The Earth is not the center of the universe Thus, a new story about reality Thus, a new story about reality Contradicted the Church’s story Contradicted the Church’s story The Earth is the center of the universe The Earth is the center of the universe Church’s authority rested on it always being right Church’s authority rested on it always being right Needed time Needed time

20 The King Power was almost absolute Power was almost absolute Tended to be thin-skinned Tended to be thin-skinned Henry VIII in 1529 – Henry VIII in 1529 – Banned books he or his advisors didn’t like Banned books he or his advisors didn’t like 1530 – licensing act for printers 1530 – licensing act for printers

21 Governments subsidized printing Governments subsidized printing Gave them a great deal of control over what could be printed Gave them a great deal of control over what could be printed Newspapers were for the elite Newspapers were for the elite Were anything but objective Were anything but objective Supported those who paid for them Supported those who paid for them

22 American colonies Had their own printers Had their own printers

23

24

25 New England Courant

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27 Runaway slave ad

28 Zenger’s Weekly Journal

29 Effects of these 3 newspapers a newspaper with popular support could challenge authority a newspaper with popular support could challenge authority financial independence can lead to editorial independence financial independence can lead to editorial independence government should not control the press because it can stifle the truth government should not control the press because it can stifle the truth

30 American Colonies Bradford, Zenger, and Franklin believed they had the right to speak truth to power Bradford, Zenger, and Franklin believed they had the right to speak truth to power Zenger acquitted of libel charges Zenger acquitted of libel charges British Stamp Act – a tax on newspapers, pamphlets, and paper British Stamp Act – a tax on newspapers, pamphlets, and paper

31 The First Amendment Congress shall make no law…abridging the freedom of speech or of the press

32 Continental Congress -- 1774 “The importance of [freedom of the press] consists, besides the advancement of truth, science, morality and arts in general, in its diffusion of liberal sentiment on the administration of government, its ready communication of thoughts between subjects, and its consequential promotion of union among them, whereby oppressive officials are shamed or intimidated into more honorable and just modes of conducting affairs.” “The importance of [freedom of the press] consists, besides the advancement of truth, science, morality and arts in general, in its diffusion of liberal sentiment on the administration of government, its ready communication of thoughts between subjects, and its consequential promotion of union among them, whereby oppressive officials are shamed or intimidated into more honorable and just modes of conducting affairs.”

33 Thomas Jefferson in 1796 “…were it left to me to decide whether we should have a government without newspapers or newspapers with a government, I should not hesitate a moment to prefer the latter.” “…were it left to me to decide whether we should have a government without newspapers or newspapers with a government, I should not hesitate a moment to prefer the latter.”

34 The First Amendment guarantees not only the government can’t control the press, but the guarantee is “not for the benefit of the press so much as for the benefit of us all.” Time, Inc. v. Hill

35 Movies

36 Early days of movies Movie makers could do whatever they wanted when telling their stories Movie makers could do whatever they wanted when telling their stories There were some complaints There were some complaints Movie makers’ defense was the First Amendment Movie makers’ defense was the First Amendment

37 Mutual Film Corporation v. Industrial Commission of Ohio 236 U.S. 230 (1915) 236 U.S. 230 236 U.S. 230 State of Ohio passed a law forming a censorship board to review and approve all films State of Ohio passed a law forming a censorship board to review and approve all films Supreme Court declared that movies were a business, not an art, and thus not protected by the First Amendment Supreme Court declared that movies were a business, not an art, and thus not protected by the First Amendment Wrote “They may be used for evil” Wrote “They may be used for evil”

38 Intolerance - 1916

39 1920s Post-World War I

40 A period of cynicism and breaking with traditions following the great upheavals in society caused by World War I.

41 Movies used more and more of what put butts in the seats – sex and violence

42 Manslaughter – 1922 orgy scene

43 1930s The Great Depression

44 As a backlash against the openness of the Roaring Twenties, many people in society insisted on censorship

45 Look at these costumes

46 Tarzan and His Mate - 1932

47 Look at these costumes Or lack thereof

48

49 The Hays Office Started in 1930 Started in 1930 Run by Will H. Hays Run by Will H. Hays Set standards for movies Set standards for movies Adopted from a list devised by Father Daniel Lord, a Jesuit priest Adopted from a list devised by Father Daniel Lord, a Jesuit priest Had no effective enforcement Had no effective enforcement

50 Hays’ 3 Principles 1. No picture shall be produced that will lower the moral standards of those who see it. Hence the sympathy of the audience should never be thrown to the side of crime, wrongdoing, evil or sin 2. Correct standards of life, subject only to the requirements of drama and entertainment, shall be presented.

51 3. Law, natural or human, shall not be ridiculed, nor shall sympathy be created for its violation. This was followed with specific restrictions

52 Portrayals of miscegenation were forbidden. Portrayals of miscegenation were forbidden. "Scenes of Passion" were not to be introduced when not essential to the plot. "Excessive and lustful kissing" was to be avoided, along with any other treatment that might "stimulate the lower and baser element." "Scenes of Passion" were not to be introduced when not essential to the plot. "Excessive and lustful kissing" was to be avoided, along with any other treatment that might "stimulate the lower and baser element."

53 The treatment of "vulgarity," defined as "low, disgusting, unpleasant, though not necessarily evil subjects" must be "subject to the dictates of good taste." The treatment of "vulgarity," defined as "low, disgusting, unpleasant, though not necessarily evil subjects" must be "subject to the dictates of good taste."

54 The depiction of illegal drug use was forbidden, as well as the use of liquor, “when not required by the plot or for proper characterization.” The depiction of illegal drug use was forbidden, as well as the use of liquor, “when not required by the plot or for proper characterization.”

55

56 Look at the Tarzan costumes now after the Hays Office got involved

57

58 Joseph Burstyn, Inc. vs. Wilson, 1952 Supreme Court decision overturning Mutual v. Ohio that allowed the censorship of movies because they were a business, not an art form, and “they could be used for evil.” Supreme Court decision overturning Mutual v. Ohio that allowed the censorship of movies because they were a business, not an art form, and “they could be used for evil.” This case determined that movies, even if a business, are a form of artistic expression and thus entitled to First Amendment protection. This case determined that movies, even if a business, are a form of artistic expression and thus entitled to First Amendment protection.

59 Jacobellis v. Ohio, 1964 Ohio tried to ban the film “The Lovers” for obscenity Ohio tried to ban the film “The Lovers” for obscenity Supreme Court ruled it wasn’t obscene Supreme Court ruled it wasn’t obscene Only hard-core pornography was obscene Only hard-core pornography was obscene Court couldn’t define obscenity Court couldn’t define obscenity

60 Tarzan the Ape Man

61 Harold and Kumar Go to White Castle

62 Cheech and Chong

63 Radio and Regulation

64 FCC Act of 1934 “Nothing in this chapter shall be understood or construed to give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communication.” “Nothing in this chapter shall be understood or construed to give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communication.” Section 326

65 Other Media

66 Movies “We have no doubt that moving pictures, like newspapers and radio, are included in the press whose freedom is guaranteed by the First Amendment.” “We have no doubt that moving pictures, like newspapers and radio, are included in the press whose freedom is guaranteed by the First Amendment.” U.S. v. Paramount Pictures, Inc., 1948 First Amendment applied to any “significant medium for the communication of ideas.” Burstyn v. Wilson, 1952

67 Television “No rational distinction can be made between radio and television on the one hand and the press on the other in affording constitutional protection contemplated by the First Amendment.” “No rational distinction can be made between radio and television on the one hand and the press on the other in affording constitutional protection contemplated by the First Amendment.” Rosenblum v. Metromedia,1969

68 Prior to radio, communication was point to point Prior to radio, communication was point to point It was one voice reaching one person at a time It was one voice reaching one person at a time Books Books Letters Letters Telegrams Telegrams Movies could reach tens or hundreds at a time, but it required affirmative action on the part of the audience Movies could reach tens or hundreds at a time, but it required affirmative action on the part of the audience

69 1932 Democratic Convention

70 One voice, many ears For the first time, one voice could be heard by millions of people at a time For the first time, one voice could be heard by millions of people at a time

71

72

73 John R. Brinkley, MD (?)

74 Sold the cure for many medical problems, especially sexual problems – Goat Glands Quickly realized the value of radio as an advertising medium

75 Opened a 1000 watt station in Kansas to promote his “cures” Opened a 1000 watt station in Kansas to promote his “cures” Was denied a license in 1930 because he didn’t broadcast in the public interest but only for private gain Was denied a license in 1930 because he didn’t broadcast in the public interest but only for private gain Appealed on grounds of censorship Appealed on grounds of censorship Lost the appeal: past programming could be considered without it being considered censorship Lost the appeal: past programming could be considered without it being considered censorship

76 Brinkley opened new station Across the border in Mexico Programming sent across from the US on phone lines Pumped out 500,000 watts – could be heard in Russia

77 Led to new regulations – the Brinkley Act: Led to new regulations – the Brinkley Act: Any station broadcasting from Mexico but originating in the US had to be licensed by the US Any station broadcasting from Mexico but originating in the US had to be licensed by the US Put Brinkley out of business Put Brinkley out of business

78 Radio Act of 1927 Created the Federal Radio Commission Created the Federal Radio Commission Gave government the right to regulate broadcast signals to get rid of chaos on the air Gave government the right to regulate broadcast signals to get rid of chaos on the air

79 “Limited natural resource”

80 What is being regulated? The airwaves The airwaves Airwaves consist of a certain segment of the electromagnetic spectrum Airwaves consist of a certain segment of the electromagnetic spectrum

81

82 Wavelength- distance between a reoccurring peak of a wave Wavelength- distance between a reoccurring peak of a wave

83 What is being regulated? Propagation characteristics- ability of a wavelength to pass through objects Propagation characteristics- ability of a wavelength to pass through objects Longer the wavelength, the less likely it is to be absorbed Longer the wavelength, the less likely it is to be absorbed Certain airwaves are valuable, while others are less valuable Certain airwaves are valuable, while others are less valuable

84

85 Broadcast is regulated Stations must be licensed to avoid chaos

86 Radio Act of 1927 The regulatory part of the Radio Act The regulatory part of the Radio Act Require stations to get a license Require stations to get a license License would specify the station’s frequency and power License would specify the station’s frequency and power Prevented overlapping signals Prevented overlapping signals

87 Public ownership of airwaves Print media don’t use anything that’s not privately owned Print media don’t use anything that’s not privately owned Broadcast frequencies are the property of the people Broadcast frequencies are the property of the people Licensee must operate in the public convenience, interest, or necessity Licensee must operate in the public convenience, interest, or necessity FCC decides what’s “in the public interest” FCC decides what’s “in the public interest”

88 Communications Act of 1934 Created the Federal Communications Commission Created the Federal Communications Commission Replaced the Federal Radio Commission Replaced the Federal Radio Commission Licensee must operate in the public convenience, interest, or necessity Licensee must operate in the public convenience, interest, or necessity Communication treated as Interstate Commerce Communication treated as Interstate Commerce Under U.S. Constitution, Section 8

89 The FCC can’t censor radio programming or make any regulations that interfere with free speech on radio. Federal Communications Act of 1934, Section 326 Federal Communications Act of 1934, Section 326

90 Scarcity Airwaves are not only valuable, they’re limited

91 Media differences Print media audiences must act affirmatively Decide to buy the medium Decide to buy the medium Actively select what to read Actively select what to read Broadcast media audiences are “captive” Broadcast media audiences are “captive” They can’t ignore or bypass that which they’re not interested in, like they can in print media They can’t ignore or bypass that which they’re not interested in, like they can in print media TV has a major impact on the audience – or does it? TV has a major impact on the audience – or does it?

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93 The Proxy Concept Since the public “owns” the airwaves, licensees are only acting as a proxy for the public Since the public “owns” the airwaves, licensees are only acting as a proxy for the public The First Amendment doesn’t prohibit requiring a trustee to do certain things The First Amendment doesn’t prohibit requiring a trustee to do certain things share frequencies share frequencies Act in the public interest Act in the public interest

94 Four rationales for regulation Public owns the airwaves Public owns the airwaves Scarcity of airwaves Scarcity of airwaves Differences between print and broadcast media Differences between print and broadcast media Proxy concept Proxy concept

95 The arrival of cable No public “ownership” of airwaves No public “ownership” of airwaves No airwaves No airwaves No scarcity of resources No scarcity of resources Cable can carry hundreds of channels with no interference Cable can carry hundreds of channels with no interference No proxy concept No proxy concept Only the assumption of TV’s effect on the audience Only the assumption of TV’s effect on the audience

96 FCC v. Pacifica, 1978 WBAI aired George Carlin’s “Seven words you can never say on television” WBAI aired George Carlin’s “Seven words you can never say on television” A father complained his 15-year-old son was in the car with him and heard the routine A father complained his 15-year-old son was in the car with him and heard the routine Supreme Court by 5 to 4 agreed with the FCC that the routine was indecent and restricted such programming to after 10 pm when children were unlikely to be listening Supreme Court by 5 to 4 agreed with the FCC that the routine was indecent and restricted such programming to after 10 pm when children were unlikely to be listening

97 Regulating new media How? How? No owners No owners No central control No central control No “contemporary community standards” No “contemporary community standards” Miller v. California, 1972

98 Go after ISPs Require ISPs to block sites Require ISPs to block sites Violates First Amendment Violates First Amendment ISPs aren’t originators, only conduits ISPs aren’t originators, only conduits

99 Copyrights A copyright grants the creator exclusive right to benefit financially from his or her creation A copyright grants the creator exclusive right to benefit financially from his or her creation Internet makes copyright violation easy Internet makes copyright violation easy Copy and share files from CDs and DVDs Copy and share files from CDs and DVDs Limits consumers use of what they buy Limits consumers use of what they buy Digital Millennium Act of 1998 Digital Millennium Act of 1998 Makes copying and sharing, or making possible copying and sharing, of copyrighted material illegal Makes copying and sharing, or making possible copying and sharing, of copyrighted material illegal

100 Copyright Definition: Gives the creator of a piece of work exclusive rights Definition: Gives the creator of a piece of work exclusive rights Gives credit where credit is due Gives credit where credit is due Financial benefits Financial benefits Control over adapting work Control over adapting work Control over performance Control over performance If you make something, you should have control over it and profit from it! If you make something, you should have control over it and profit from it!

101 Copyright First law – 1790 First law – 1790 Protected for 14 years & could be renewed for additional 14 years Protected for 14 years & could be renewed for additional 14 years Only protected U.S. authors Only protected U.S. authors Copyright Act of 1976 Copyright Act of 1976 Copyrights would last for 50 years after the author’s death Copyrights would last for 50 years after the author’s death Expanded protections to new media Expanded protections to new media 1998 Digital Millennium Copyright Act 1998 Digital Millennium Copyright Act Copyrights would last for 70 years after the author’s death Copyrights would last for 70 years after the author’s death Copyright protections to materials recorded digitally Copyright protections to materials recorded digitally

102 Public domain When intellectual property rights have expired they enter the public domain When intellectual property rights have expired they enter the public domain Shakespeare, classical music, etc. Shakespeare, classical music, etc. Don’t need to get permission for clips or samples Don’t need to get permission for clips or samples Copyright laws diminishing public domain Copyright laws diminishing public domain

103 Wizard of OZ Published in 1900 Published in 1900 Entered the public domain in 1956 Entered the public domain in 1956 This has allowed other people to ‘reimagine’ the story This has allowed other people to ‘reimagine’ the story

104 Disney Disney made huge profits off of public domain stories Disney made huge profits off of public domain stories

105 Disney will sue if you create characters resembling the images they created

106 Benefits of public domain Create new knowledge & culture Create new knowledge & culture Revamp and retell stories- retell old stories to new audience (and maybe do a better job!) Revamp and retell stories- retell old stories to new audience (and maybe do a better job!) Access to cultural heritage Access to cultural heritage Fairy tales, classical music, etc. Fairy tales, classical music, etc. Low cost access to information Low cost access to information Books, music, etc. Books, music, etc. Enabling competition Enabling competition

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108 Benefits of public domain Create new knowledge & culture Create new knowledge & culture Revamp and retell stories- retell old stories to new audience (and maybe do a better job!) Revamp and retell stories- retell old stories to new audience (and maybe do a better job!) Access to cultural heritage Access to cultural heritage Fairy tales, classical music, etc. Fairy tales, classical music, etc. Low cost access to information Low cost access to information Books, music, etc. Books, music, etc. Enabling competition Enabling competition

109 Copyright Exceptions Fair use: Can use copyrighted material under certain situations Fair use: Can use copyrighted material under certain situations Criticism Criticism Commentary Commentary News reporting News reporting Research Research Teaching Teaching Parody Parody

110 Problems with system Public doesn’t get much in return for giving away the airwaves (or extending copyright) Public doesn’t get much in return for giving away the airwaves (or extending copyright) Rubber stamp for licenses prevents innovation Rubber stamp for licenses prevents innovation No competition No competition

111 Result- poor service, less innovation, higher costs Result- poor service, less innovation, higher costs Little motivation to be innovative when you know you’re getting the license Little motivation to be innovative when you know you’re getting the license In 2013, US ranked 9 th in internet connection speed In 2013, US ranked 9 th in internet connection speed Big price differences Big price differences US 500 Mbps- $310 a month US 500 Mbps- $310 a month Same speed in Hong Kong is $25 a month Same speed in Hong Kong is $25 a month

112 Four points about regulation 1. Media systems are created by policies and subsidies; they are not ‘natural’ 1. Media systems are created by policies and subsidies; they are not ‘natural’

113 1. Media systems created… We shape our social systems We shape our social systems Picked capitalism over socialism Picked capitalism over socialism Same with media Same with media Current system is commercial system Current system is commercial system

114 1. Media systems created… People weren’t necessarily happy with the proposed commercial system People weren’t necessarily happy with the proposed commercial system Do you like advertising? Do you like advertising? Advertising has never been popular Advertising has never been popular

115 Four points about regulation 1. Media systems are created by policies and subsidies; they are not ‘natural’ 1. Media systems are created by policies and subsidies; they are not ‘natural’ 2. First Amendment does not authorize corporate run media system 2. First Amendment does not authorize corporate run media system

116 Freedom of press = No regulations Freedom of press = No regulations Free speech- right of every individual to speak their mind and not fear the government locking you up for saying things they don’t like Free speech- right of every individual to speak their mind and not fear the government locking you up for saying things they don’t like Freedom of the press – That the press can print things without fearing government Freedom of the press – That the press can print things without fearing government Report on things that are important to citizens, even if people in power don’t like it Report on things that are important to citizens, even if people in power don’t like it

117 Many argue free press means ZERO regulation of airwaves. Regulations seen as an infringement on right to free speech Many argue free press means ZERO regulation of airwaves. Regulations seen as an infringement on right to free speech This assumes that companies are people This assumes that companies are people Recent court decisions have started to equate money with freedom of speech Recent court decisions have started to equate money with freedom of speech Citizens United Citizens United Airwaves are heavily regulated Airwaves are heavily regulated Who does the regulation benefit? Who does the regulation benefit?

118 Four points about regulation 1. Media systems are created by policies and subsidies; they are not ‘natural’ 1. Media systems are created by policies and subsidies; they are not ‘natural’ 2. First Amendment does not authorize corporate run, profit motivated media system 2. First Amendment does not authorize corporate run, profit motivated media system 3. American media system is not a free market system 3. American media system is not a free market system

119 Ownership & worth Public owns the airwaves (not the media companies) Public owns the airwaves (not the media companies) FCC provides license for companies (and people) to use the airwaves FCC provides license for companies (and people) to use the airwaves Licenses are generally free of cost as long as the company (or person) provides a “public service“ Licenses are generally free of cost as long as the company (or person) provides a “public service“ Industry says they provide 8 BILLION a year in public service programming Industry says they provide 8 BILLION a year in public service programming

120 How much is given away?

121 Companies sometimes claim that they only have a narrow slice of the bandwidth Companies sometimes claim that they only have a narrow slice of the bandwidth However, only part of the bandwidth is profitable and capable of reaching large audiences However, only part of the bandwidth is profitable and capable of reaching large audiences

122 Ownership & worth Few instances of the government rejecting a renewal of a license Few instances of the government rejecting a renewal of a license Unlike other industries (e.g., coal, timber, farming), almost no public revenue generated Unlike other industries (e.g., coal, timber, farming), almost no public revenue generated Essentially a huge government subsidy Essentially a huge government subsidy

123 Other media subsidies 1. Mail subsidies 1. Mail subsidies Costs less to mail magazines Costs less to mail magazines 2. Film subsidies 2. Film subsidies Give money to movie studios so they film movies in city, town, etc. Give money to movie studios so they film movies in city, town, etc. 3. Government spends money on advertising 3. Government spends money on advertising Tax dollars help generate profits for TV stations Tax dollars help generate profits for TV stations 4. Companies write off advertising as business expense 4. Companies write off advertising as business expense Tax free Tax free

124 Four points about regulation 1. Media systems are created by policies and subsidies; they are not ‘natural’ 1. Media systems are created by policies and subsidies; they are not ‘natural’ 2. First Amendment does not authorize corporate run, profit motivated media system 2. First Amendment does not authorize corporate run, profit motivated media system 3. American media system is not a free market system 3. American media system is not a free market system 4. Policy making process is important to understand structure of media system 4. Policy making process is important to understand structure of media system

125 Major communication legislation Radio Act of 1912 Radio Act of 1912 Government would license radio stations Government would license radio stations Ships needed to always have someone listening to radio transmissions Ships needed to always have someone listening to radio transmissions Titanic Titanic Airwaves broken into: Airwaves broken into: 1. Commercial 1. Commercial 2. Government 2. Government 3. Amateur (got the worst deal) 3. Amateur (got the worst deal)

126 Major communication legislation Radio Act of 1927 Radio Act of 1927 Created the Federal Radio Commission Created the Federal Radio Commission Limited relation powers Limited relation powers Power to grant licenses Power to grant licenses Only regulated profane language Only regulated profane language No regulation of advertising No regulation of advertising Early equal time provision Early equal time provision Candidates required to have equal access to air time Candidates required to have equal access to air time

127 Communication Act of 1934 Communication Act of 1934 Creation of the Federal Communication Commission Creation of the Federal Communication Commission Communication treated as interstate commerce Communication treated as interstate commerce This was when there was a big debate about commercial vs. non-commercial programming This was when there was a big debate about commercial vs. non-commercial programming Commercial programming deemed to have ample time to broadcast ‘public service’ programming Commercial programming deemed to have ample time to broadcast ‘public service’ programming E.g., education programming E.g., education programming

128 Telecommunications Act of 1996 Telecommunications Act of 1996 First government regulation since the 1934 act (62 years) First government regulation since the 1934 act (62 years) Loosening of rules on ownership Loosening of rules on ownership Stated goal  open the markets to anyone & lower costs for consumers Stated goal  open the markets to anyone & lower costs for consumers Outcome  huge merges Outcome  huge merges

129 Before 1996 Telecomm Act Before 1996 Telecomm Act Limited to 1 AM and 1 FM station per market Limited to 1 AM and 1 FM station per market After After Up to 8 per market that has 45 stations Up to 8 per market that has 45 stations Before Before One TV station per market One TV station per market After After Two stations per market, if market has 8 TV stations and one of two is not among top 4 Two stations per market, if market has 8 TV stations and one of two is not among top 4

130 Before Before Cannot own a TV station and radio station in market unless it has more than 30 media voices Cannot own a TV station and radio station in market unless it has more than 30 media voices After After Own up to 2 TV and 6 radio stations if there are 20 independent voices Own up to 2 TV and 6 radio stations if there are 20 independent voices Before Before Cannot own more than one broadcast network Cannot own more than one broadcast network After After Cannot own more than one of four large networks Cannot own more than one of four large networks

131 Some rules not enforced Some rules not enforced Increased amount of people a company could reach with TV stations from 25 to 35 percent Increased amount of people a company could reach with TV stations from 25 to 35 percent FOX and CBS currently reach about 40 percent FOX and CBS currently reach about 40 percent Cable and satellite operators can’t reach more than 30% of U.S. households Cable and satellite operators can’t reach more than 30% of U.S. households Rule suspended by FCC in 2001 Rule suspended by FCC in 2001

132 Study from 2005 Study from 2005 Cable prices up 40 percent since 1996 Cable prices up 40 percent since 1996 Well ahead of the Consumer Price Index Well ahead of the Consumer Price Index 98 percent of homes only have access to one cable provider 98 percent of homes only have access to one cable provider

133 Contextual Influences

134 Influences on content When thinking about media content, what sort of things influence what we see, hear, read, etc.? When thinking about media content, what sort of things influence what we see, hear, read, etc.?

135 Influences on content Five levels Five levels

136 1.Individual level Four areas of focus: Four areas of focus: A. Characteristics (age, gender, race, etc.) A. Characteristics (age, gender, race, etc.) B. Personal and professional background (e.g., education) B. Personal and professional background (e.g., education) Executives tend to have more education, which is probably a good thing Executives tend to have more education, which is probably a good thing

137 1.Individual level C. Personal attitudes (e.g., political ideology) C. Personal attitudes (e.g., political ideology) Liberal journalist = liberal media Liberal journalist = liberal media Conservative owners = conservative media Conservative owners = conservative media

138 1.Individual level D. professional roles D. professional roles Journalists- cover an a story accurately and with as little bias as possible Journalists- cover an a story accurately and with as little bias as possible Owner – goal is to make money for company and stock holders Owner – goal is to make money for company and stock holders E.g., The Simpsons and FOX E.g., The Simpsons and FOX Profits are the underlying goal Profits are the underlying goal

139 2.Routines All organizations need routines to function All organizations need routines to function Allows individuals in the organization to complete tasks Allows individuals in the organization to complete tasks Goal is to make profit Goal is to make profit Process is that Process is that 1. Media must obtain and process ‘raw product’ (news, comedy, etc.) 1. Media must obtain and process ‘raw product’ (news, comedy, etc.) 2. Obtain product from suppliers (playwrights, directors) 2. Obtain product from suppliers (playwrights, directors) 3. Deliver it to consumers 3. Deliver it to consumers

140 Routines help answer the following… What is acceptable to the audience? What is acceptable to the audience? What can the audience understand? What can the audience understand? Often results in reliance on things the audience understand/feels comfortable with Often results in reliance on things the audience understand/feels comfortable with E.g., stereotypes E.g., stereotypes This has changed as fragmentation has increased This has changed as fragmentation has increased What was once unacceptable on the networks is acceptable on cable (e.g., South Park) What was once unacceptable on the networks is acceptable on cable (e.g., South Park)

141 Routines help answer the following… What are other media outlets doing? What are other media outlets doing? Another routine is to follow the lead of other media Another routine is to follow the lead of other media Copy hit shows Copy hit shows

142 3. Organizational influences Media organizations today largely concerned with profits Media organizations today largely concerned with profits Proliferation of mega-media Proliferation of mega-media 1984: 50 media corporations 1984: 50 media corporations 1992: 23 1992: 23 1997: 10 1997: 10 Today: 5 Today: 5

143 Big media Number of media companies that combined control more than 50% of U.S. Media Media diversity & democracy Media diversity & democracy Bagdikian predictions Bagdikian predictions 2004 2004 Time Warner Time Warner Disney Disney Viacom Viacom Bertelsmann Bertelsmann News Corporation News Corporation

144 Consequences of mergers Vertical integration: controlling all aspects of a media project from production, distribution, promotion etc. Vertical integration: controlling all aspects of a media project from production, distribution, promotion etc. Synergy: Combining the strengths of different companies Synergy: Combining the strengths of different companies Convergence: Different media begin to perform similar tasks Convergence: Different media begin to perform similar tasks

145

146 General Electric/NBC/Comcast Sales of $157 billion in 2009 Sales of $157 billion in 2009 Started as RCA Started as RCA 1926 created NBC 1926 created NBC Blue & Red Blue & Red 1985 GE bought RCA & NBC 1985 GE bought RCA & NBC 2004 bought Vivendi Universal 2004 bought Vivendi Universal Comcast merger (own 51 % of company) Comcast merger (own 51 % of company)

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148 Disney Sales of $36.1 billion in 2009 Sales of $36.1 billion in 2009 Started in 1928 w/ Mickey Mouse cartoons Started in 1928 w/ Mickey Mouse cartoons 1937 – first animated movie 1937 – first animated movie 1950s – live action & documentaries 1950s – live action & documentaries International – approximately 25% of earnings International – approximately 25% of earnings Ideal example of synergy Ideal example of synergy Cross promotion Cross promotion

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150 News Corporation Sales of $30.4 billion in 2009 Sales of $30.4 billion in 2009 Vertical integration Vertical integration Owns both the mean of production and distribution Owns both the mean of production and distribution Create movies through 20 th Century Fox Create movies through 20 th Century Fox Sell DVDs through 20 th Century Fox Sell DVDs through 20 th Century Fox Broadcast on FOX, then again on FX Broadcast on FOX, then again on FX

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152 Time Warner Sales of $25.8 billion in 2009 Sales of $25.8 billion in 2009 Started with Time Magazine in 1922 (Henry Luce) Started with Time Magazine in 1922 (Henry Luce) Synergy- Synergy- Warner Brothers movies (e.g., Batman) Warner Brothers movies (e.g., Batman) First run on Time Warner cable On Demand First run on Time Warner cable On Demand HBO gets movie next HBO gets movie next Shifts to cable  TNT or TBS Shifts to cable  TNT or TBS First run on TNT and TBS means they get higher ratings, which means more cable companies want to carry stations. Bigger audience means they raise ad revenue First run on TNT and TBS means they get higher ratings, which means more cable companies want to carry stations. Bigger audience means they raise ad revenue All of this adds up to revenue for Time Warner All of this adds up to revenue for Time Warner

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154 Viacom & CBS Sales of $13.6 and $13 billion in 2009 Sales of $13.6 and $13 billion in 2009 Twists of history Twists of history Viacom – film production unit in CBS Viacom – film production unit in CBS 1971 forced to spin off by federal regulations 1971 forced to spin off by federal regulations 1999 Viacom bought CBS 1999 Viacom bought CBS 2005 Viacom & CBS technically split 2005 Viacom & CBS technically split

155 Other players Clear Channel Clear Channel 850+ radio stations (over 1,200 in 2005) 850+ radio stations (over 1,200 in 2005) 900,000 billboards 900,000 billboards Gannett Gannett USA Today, 85 daily newspapers, 850 nondaily pubs, and 23 TV stations USA Today, 85 daily newspapers, 850 nondaily pubs, and 23 TV stations New media giants New media giants Google, Apple, Yahoo Google, Apple, Yahoo

156 Influence Characteristics of organization Characteristics of organization Hands off vs. hands on Hands off vs. hands on In Plain Sight In Plain Sight Disagreement between USA executives and producers results in producers leaving show Disagreement between USA executives and producers results in producers leaving show Show changes as a result Show changes as a result Less emphasis on personal life Less emphasis on personal life More upbeat, less dark More upbeat, less dark

157 4. External pressures Source pressure- Big organizations with power can garner greater coverage Source pressure- Big organizations with power can garner greater coverage You vs. WSU You vs. WSU Corporations can get their voice heard Corporations can get their voice heard Interest group pressure Interest group pressure Focus on the Family, American Family Association, Christian Parents Television Council - Promote ‘family values’ Focus on the Family, American Family Association, Christian Parents Television Council - Promote ‘family values’ Campaigns to voice opinion Campaigns to voice opinion

158 Advertisers- Threaten to pull money from program Advertisers- Threaten to pull money from program Fewer stories about car accidents, negative effects of tobacco Fewer stories about car accidents, negative effects of tobacco More than 75% of editors said advertisers have threatened to pull money (Australia) More than 75% of editors said advertisers have threatened to pull money (Australia) 90% have felt pressure in U.S. 90% have felt pressure in U.S.

159 5. Ideology Ideology is a formal and articulated system of meanings, values and beliefs…that can be abstracted as ‘worldviews.’ Ideology is a formal and articulated system of meanings, values and beliefs…that can be abstracted as ‘worldviews.’ US ideology: US ideology: Economic- capitalism, private ownership, free markets Economic- capitalism, private ownership, free markets Political- liberal democracy, people have equal worth Political- liberal democracy, people have equal worth These values are articulated and reaffirmed in media These values are articulated and reaffirmed in media

160 Influences on content Five levels Five levels


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