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Quick Facts

Date of first National Association of Broadcasters code for broadcasting: 1929

Date code abolished: 1983 Most influential citizens’ group in TV history: Action for

Children’s Television Number of sexual references in prime time TV, 1989: 36 Number of sexual references in prime time TV, 2003: 342

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Self-Regulation in Broadcasting and Cable

Codes: written statements of principle guiding behavior Eg. “Thou shalt not bear false witnesses against…” Codes are common in all professions: medicine, law,

journalism

The NAB Code: National Association of Broadcasters Established radio code in 1929, included TV in 1952 Covered both programming and advertising After anti-trust suit, NAB code was revoked

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Self-Regulation in Broadcasting and Cable

NAB: National Association of Broadcasters1990 - Voluntary programming principles adopted

Radio & Television News Directors Association (RTNDA)Code of Broadcast News Ethics

Society of Professional Journalists (SPJ)Code for objectivity and press responsibility

American Advertising Federation (part of Better Business Bureau)Code for truthfulness in advertising

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Self-Regulation in Broadcasting and Cable

Recent government pressure to create code of behavior

1997: Congress introduces bill to allow industry to create new code (did not pass)

1998: NAB was asked to draft an updated voluntary code of conduct for broadcasters.

2000: Senate asks FCC asked to examine if current programming was serving the public interest

NAB has resisted all efforts to resurrect its code, citing First Amendment concerns

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Other Codes and Policies Without Codes:

Management must be sensitive to political, social and economic sensibilities of community

Stations develop own policy guidelines

Advantages to codes Public & employees are made aware of specific policies

Disadvantages to codes Codes could be used in court against a station Need to be worded vaguely to reflect an entire

organization and thus are not useful day-to-day

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Departments of Standards and Practices

Standards and Practices Departments have been cut back, reflecting a more liberal, viewing public

Societal standards more tolerant

Success of “The Sopranos” & “Sex and the City” has encouraged programmers to “push the envelope”

The V-Chip passes some responsibility on the public

Network’s competitive position influences its standards

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Department of Standards and Practices Network’s competitive position influences standards

Fox Network: introduced controversial shows like “Married With Children,” “The Simpsons”

Cable has more leeway in following standards “South Park” runs in the late evening MTV runs ‘The Osbornes’ at night

Premium Cable channels, HBO & Showtime have greatest latitude when it comes to mature and sexual content ‘Sex and the City’ would never be aired by a

broadcast network without editing content

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Departments of Standards and Practices

Acceptability of TV/radio messages depends on: Size of the market The time period The station’s audience The type of content involved

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The V-Chip Intriguing blend of legal regulation and self-regulation Is coordinated with voluntary ratings scheme

Section 551, Telecommunications Act of 1996 TV-Y – programs suitable to “all children” TV-Y7 – programs “directed to older children”, aged 7

and above TV-G – general audience TV-14 – Parents strongly cautioned for children under

14 TV-M – mature audience only

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Professional Groups

Industry/Trade organizations offering research, technical advice Best known: National Association of Broadcasters

(NAB) National Cable Television Association (NCTA) National Advertising Division (NAD) National Advertising Review Board (NARB)

Scholarly and Academic Organizations: Working with students Broadcast Education Association Association for Education in Journalism

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Citizens’ Groups

Exerting a force: Three Prime Areas of Concern Concern over portrayal of minorities Presentation of sex and violence - concerned groups

Center for Media Education Center for Communication PolicyParents Media Council

Children’s ProgrammingParent Teacher AssociationNational Education Association

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Children’s Programming

Major Focus: Enforcement of the provisions found in Children’s Television Act of 1990

Center for Media Education maintains Web Site with description of the legal regulations

Web Site shows listing of what programs are meeting 3-hour requirement

Web site shows if station is in compliance with law

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Effects of Citizen’s Groups on Children’s TV

Increase sensitivity of programmers towards offensive material

Restrict creative freedom of writers Producers have to walk thin line between alternatives

Giving into one group’s demands offends everyone else

Satisfying everyone is not an easy task

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Ethics

Crucial to self-regulation in broadcasting industry Broadcasters make decisions open to public scrutiny From “ethos”: a dwelling place in which we fell

comfortable Which human actions are morally permissable? Ethics and law are related: both limit human activities Law is enforced by sanctions/consequences Ethics are enforced by one’s moral sense of what’s

proper Law and ethics often can and often overlap

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Ethical Theories

Teleological Theory (Greek for “teleos”; end or result)

Measures rightness/wrongness of actions in terms of consequences E.G.: Is it wrong to show violence on TV during the

time when children are watching because it will persuade children to hurt other people?

E.G.: Is it wrong for journalists to accept gifts from their sources because it hurts journalists’ credibility?

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Ethical Theories

Deontological Theory (Greek for “deon”; duty):

Not concerned with consequences Deals with those duties that are morally required of all Source of these duties: reason, society, supernatural, the

human conscience E. G.: A journalist may not assume another identity

when covering a story because it constitutes lying, an action forbidden by one of the Ten Commandments

Does not matter if the consequences of lying are beneficial

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Utilitarianism

Most popular teleological theory A person should act such that it produces the greatest

possible ratio of good over evil One makes the decision that yields the most good

and/or the least harm for the fewest number E.G.: Restaurant that sponsors station is violating

health code. Does one run or kill the story? Tally the negative and positive consequences and make the decision

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Egoism

Teleological principle Premise: Act in a way that is best for you Do not sacrifice ‘self’ to others Blueprint: Ayn Rand’s novel, ‘The Fountainhead’ Requires thoughtful analysis of each choice to find what

is best for an individual: does not preclude kindness to others or concern for others welfare

Subject of much criticism: paradoxical and inconsistent

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Categorical Imperative

Deontological in nature Developed by Immanuel Kant Premise: Duty governs decisions – not consequences One’s duty is recognized via ‘Categorical Imperative’ Act only on principles you’d want to be universal law What’s right for one is right for all

E.G.: Should you run the restaurant health violation story?

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The Golden Mean

Deontological in nature Developed by writings of Aristotle Ethics theory grounded in natural law Moderation, temperance & equilibrium and harmony Search for the extremes – Find the ‘golden mean’ within

E.G.: Health-violating restaurant is taken to task, but the story notes that it is only the first such violation.

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Cultural Ethics

Grounded in society – not nature An individual is shaped by culture – not nature An individual adjusts, to a society of no universals Problems solved contextually, with regard to ‘norms’

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Situational Ethics

Cultural Ethics argues that societal norms are inadequate due to uniqueness of all situations and problems

Decisions are founded upon unique details of situation E.G.: Health-violating restaurant: Was the Board of

Health acting upon a vendetta against this restaurant or was the restaurant really in violation? Whole situation must be studied.

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“Doing Ethics”

Broadcasters must have some predefined standard in place in order to be able to respond quickly-and ethically-in situations

Personal ethics assures broadcaster of some consistency in decisions

Techniques of moral reasoning needed to rationally explain decisions

Companies ranking high in ethics generally ranked high in grow and earnings per share

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“Doing Ethics” (continued) Some suggestions

Tell the Truth Behave Justly Act Humanely Behave responsibly

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“Doing Ethics” (continued)

Blueprint for solving a problem in an ethical mannerStage One Determine the situation Compile all the facts Learn all the circumstancesStage Two Examine and clarify all possible alternatives Be aware of your own loyalties Determine what ethical theories/principles you will followStage Three Decide and act accordingly

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Ethics in The Real World

Do professionals have time to reflect on their decisions? Many broadcasters enter the field without a personal

code of ethics Many current media execs lack training in ethical

standards Presently, codes of conduct are written in broad, general

terms with little relevance to the individual

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Ethics in The Real World

Companies rarely conduct ethics training Number 1 ethical problem: balancing profits against

public service Theoretical knowledge of ethics helpful but must be

weighed by an awareness of the nature of the day-to-day pressures in TV & radio