Download Invasion of Privacy

TV: Legal & Ethical Considerations
RTV 3007 • Intro to Television
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Name that Tune!
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the government for a redress of grievances.
Background on the First Amendment
 The First provision of The Bill of Rights
 Became part of the Constitution in 1791
 Was not applied to the states until 1920s
 Not all speech is protected by the First Amendment
Who Makes US Media Laws & Regulations
 Local governments
 State governments
 Congress
 FCC
 FTC
Early Broadcast Regulation
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Radio Act of 1927
 Gave Federal Radio Commission the right to allocate radio licenses
 Regulates radio as “public interest, convenience or necessity” required
 Regulates both radio and TV
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Communication Act of 1934
 Created the FCC to replace the FRC
 Set technical standards for radio, telephony and TV
Contemporary Broadcast Regulation
 Telecommunications Act of 1996
 Regulated media by content, not technical
platform
 Included Internet services in spectrum allocation
 Greatly reduced cross-ownership restrictions
 Eliminated cable “must-carry;” cable operators
and broadcast TV networks must negotiate for
channels
Cable TV Regulation
 Local governments may regulate the cost and content of basic tier
cable (but not higher tiers)
 Cable companies must provide a way to “lock out” objectionable
channels
 Cable networks must provide ratings for their programs
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TV-Y
TV-Y7
TV-G
TV-PG
TV-14
TV-MA
Cable TV Regulation
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Cable networks are limited to 12 minutes of advertising per hour during
programming targeted to children under 12 years of age
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Cable system operators must provide Equal Access to all legally qualified
political candidates running for office
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Local governments may require cable companies to set aside some
channels for Public, Education or Governmental use (PEG). Cable operators
may not control the content of these channels.
The role of the courts
 The courts apply and interpret the laws
 The US Supreme Court is the court of final appeal
 The Supreme Court’s role is often to interpret laws
and regulations in terms of the Constitution
Chilling Effect
 Laws, court rulings or FCC regulations that reduce
protections for journalists and other media workers.
 Called a chilling effect because it can suppress
certain types of reporting because news agencies and
production companies fear legal reprisals.
Prior Restraint
 Prior restraint is an official restriction of speech prior
to publication.
 In 1976, the Supreme Court stated: prior restraints
are "the most serious and the least tolerable
infringement on First Amendment rights.”
 However, the Court has held that there may be some
circumstances in which the public good may justify
prior restraint.
Media workers and the law
 Defamation (Libel/Slander)
 Invasion of Privacy
 Trespass
 Use of the Telephone
 Obscenity
 Copyright
Defamation (libel and slander)
 Defamation is the use of factual information (as opposed to
opinion) that holds someone in hatred or contempt, subjects
the person to ridicule, or otherwise lowers esteem for the
individual.
 A defamatory statement can be the basis of a civil
lawsuit brought by the person or group allegedly defamed.
 Properties, businesses and institutions can be defamed. A
corporation is considered a "person.”
Defamation
 It is harder for
public figures
(celebrities,
government
officials, publicity
hounds) to sue
successfully for
defamation than
private individuals.
Defamation
 Media lose between 70 to
80 percent of defamation
suits that go to jury.
 However, 70 to 80 percent
of those verdicts are
overturned on appeal.
 Truth is an absolute
defense against
defamation
Defamation
 Individuals seeking damages for defamation must
show that, even if the information was false, the
media showed a reckless disregard for the truth in
publishing it.
 Truth is an absolute defense against defamation. The
general standard is that the information must be
substantially true.
Defamation and Due Diligence
 Media must show that they exercised due care in
evaluating the truth of a potentially defamatory
statement.
 Media should consider the level of the public’s need
to know before publishing defamatory material.
 Beware of sources who may be motivated to cast an
individual in a bad light.
Beware Generic Video
 Beware of using video
as an illustrative tool.
 Many libel and
invasion of privacy
suits have stemmed
from the use of
generic video.
Beware Generic Video
 Example 1: The
camera pans over
people on a
crowded street
corner as a voiceover says: “Is
there a cure for
herpes? Obviously
not.”
Beware Generic Video
 Example 2: The
camera shows
several young
women walking
along a street. The
voice-over says:
“This area is rife
with prostitution.”
Invasion of Privacy
 The courts have ruled
that the 4th Amendment
has an implied guarantee
to privacy.
 Right to Privacy includes
“The right of the people
to be secure in their
persons, houses, papers
and effects.”
Invasion of Privacy
Invasion of privacy is any act of intrusion that occurs
without an individual’s consent, including trespass and
publication of embarrassing facts, even if true
Invasion of Privacy
 Public figures
(celebrities,
government officials
and others) have
less protection
against invasion of
privacy than private
individuals
Invasion of Privacy
 Material that is
already part of
the public
record, or
activities that
occurred in
public are
exempt from
invasion of
privacy
protection.
Trespass
 In the course of production, communication
professionals may inadvertently trespass on private
property
 You should seek permission to enter most properties
with recording equipment
Trespass
 Restaurants and other merchants have a limited
invitation to the public to enter their premises. This
invitation does not extend to media organizations with
equipment - you must get permission, or leave when
asked to leave.
 Organizations have sued the media for trespass
instead of defamation when unflattering stories are
published.
Trespass – Food Lion (1999)
 ABC News did an undercover, hidden camera expose on
unsanitary conditions at the Food Lion grocery chain.
 Food Lion sued ABC for trespassing – for taking cameras onto
their property without permission
 A jury awarded Food Lion $5.5 million. The judge reduced the
amount to $316,000. The award was later overturned by a US
District Court of Appeals.
 Media may be sued for trespass as an alternative to
defamation when true but unflattering information is
published.
Trespass – Technology & Privacy
 New technology has
increased the scope
of what may be
termed invasion of
privacy.
Trespass – Technology & Privacy
 Because of news
helicopters, in many
states property lines are
considered to extend
from the boundaries of
the property to the
heavens.
 Hidden microphones,
camera lenses with very
long focal length, supersensitive microphones
may all contribute to
trespass.
Use of the Telephone
 The FCC says you must
notify people if a telephone
conversation is being
recorded or being broadcast
BEFORE the recording or
broadcasting begins.
 Exception: Cases where the
telephone party may be
presumed to be aware that
they will be broadcast. Ex:
Live call-in shows.
Use of the telephone
 Florida and some
other states
require that all
parties on a
telephone call
give their
consent before a
call may be
recorded.
Indecency, Obscenity, Profanity
 Indecency, Pornography and Obscenity all have various levels
of restriction in their expression.
 Indecency is difficult to define. Many indecency statutes have
been struck down by the Supreme Court.
 Pornography, or material aimed at sexual arousal, is
traditionally limited to distribution channels accessed by
adults.
 Obscenity, defined as going beyond pornography, is not
protected by the First Amendment.
Obscenity
 To declare something obscene, all of the following must be
true:
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Would a typical person applying local standards see the material as
appealing mainly for its sexually arousing effect?
Is the material devoid of serious literary, artistic, political or scientific
value?
Is sexual activity depicted offensively, in a way that violates state law
that explicitly defines offensiveness?
Copyright
 Copyright protects the creators of intellectual property from
having someone else profit by reproducing works without
permission.
 Copyright law protects a creative work for the lifetime of the
author plus 70 years, after which the work enters the public
domain, and is no longer copyrighted.
 The following uses of copyright material fall under Fair Use
and do not infringe copyright: criticism, comment, news
reporting, teaching, scholarship, or research.