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

RegulationRegulation

Gutenberg created moveable type Gutenberg created moveable type presspress Suddenly everybody had access to Suddenly everybody had access to

printed materialprinted material Allowed wide-spread opinions and Allowed wide-spread opinions and

influenceinfluence Stimulated demand for literacyStimulated demand for literacy Public opinion moldedPublic opinion molded

Church and StateChurch and State

Noticed the power of the pressNoticed the power of the press Started imposing rules on printingStarted imposing rules on printing

The ChurchThe Church

One of the first and One of the first and most important most important customerscustomers

Said “do it our way or Said “do it our way or else”else”

IndulgenceIndulgence

Martin LutherMartin Luther

Martin Luther’s ThesesMartin Luther’s Theses

Thus was born Thus was born the Protestant the Protestant ReformationReformation

Naturally, the Naturally, the Catholic Church Catholic Church

fought backfought backStarted the first Started the first propaganda warpropaganda war

Religious broadsidesReligious broadsides

Luther’s German Bible - Luther’s German Bible - 15201520

For the Catholic Church For the Catholic Church printing was considered printing was considered

the enemythe enemy Excommunication for writing or Excommunication for writing or

reading banned booksreading banned books Papal Forbidden Books listPapal Forbidden Books list

InquisitionInquisition

Book burningBook burning

People burningPeople burning

AristotleAristotle 384 BCE – 322 BCE384 BCE – 322 BCE

Galileo Galilei: 1564 - Galileo Galilei: 1564 - 16421642

Siderius NunciusSiderius Nuncius

Problem with GalileoProblem with Galileo

Told a new story about how the Told a new story about how the universe worksuniverse works The Earth is not the center of the universeThe Earth is not the center of the universe Thus, a new story about realityThus, a new story about reality

Contradicted the Church’s storyContradicted the Church’s story The Earth is the center of the universeThe Earth is the center of the universe Church’s authority rested on it always Church’s authority rested on it always

being rightbeing right Needed timeNeeded time

The KingThe King

Power was almost absolutePower was almost absolute Tended to be thin-skinnedTended to be thin-skinned Henry VIII in 1529 – Henry VIII in 1529 –

Banned books he or his Banned books he or his advisors didn’t likeadvisors didn’t like

1530 – licensing act for 1530 – licensing act for printersprinters

Governments subsidized printingGovernments subsidized printing Gave them a great deal of control over Gave them a great deal of control over

what could be printedwhat could be printed Newspapers were for the eliteNewspapers were for the elite

Were anything but objectiveWere anything but objective Supported those who paid for themSupported those who paid for them

American coloniesAmerican colonies

Had their own printersHad their own printers

New England CourantNew England Courant

Runaway slave adRunaway slave ad

Zenger’s Weekly JournalZenger’s Weekly Journal

Effects of these 3 Effects of these 3 newspapersnewspapers

a newspaper with popular support a newspaper with popular support could challenge authority could challenge authority

financial independence can lead to financial independence can lead to editorial independence editorial independence

government should not control the government should not control the press because it can stifle the truth press because it can stifle the truth

American ColoniesAmerican Colonies

Bradford, Zenger, and Franklin Bradford, Zenger, and Franklin believed they had the right to speak believed they had the right to speak truth to powertruth to power

Zenger acquitted of libel chargesZenger acquitted of libel charges British Stamp Act – a tax on British Stamp Act – a tax on

newspapers, pamphlets, and papernewspapers, pamphlets, and paper

The First The First AmendmentAmendmentCongress shall Congress shall make no law…make no law…abridging the abridging the

freedom of speech freedom of speech or of the pressor of the press

Continental Congress -- Continental Congress -- 17741774

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

Thomas Jefferson in 1796Thomas Jefferson in 1796

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

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

Time, Inc. v. Time, Inc. v. HillHill

MoviesMovies

Early days of moviesEarly days of movies

Movie makers could do whatever Movie makers could do whatever they wanted when telling their they wanted when telling their storiesstories

There were some complaintsThere were some complaints Movie makers’ defense was the First Movie makers’ defense was the First

AmendmentAmendment

Mutual Film Corporation v. Mutual Film Corporation v. Industrial Commission of Industrial Commission of

OhioOhio236 U.S. 230236 U.S. 230 (1915) (1915)

State of Ohio passed a law forming a State of Ohio passed a law forming a censorship board to review and censorship board to review and approve all filmsapprove all films

Supreme Court declared that movies Supreme Court declared that movies were a business, not an art, and thus were a business, not an art, and thus not protected by the First Amendmentnot protected by the First Amendment

Wrote “They may be used for evil”Wrote “They may be used for evil”

Intolerance - 1916Intolerance - 1916

1920s1920sPost-World War IPost-World War I

A period of cynicism and A period of cynicism and breaking with traditions breaking with traditions

following the great following the great upheavals in society upheavals in society

caused by World War I.caused by World War I.

Movies used more and Movies used more and more of what put butts in more of what put butts in

the seats –the seats –sex and violencesex and violence

Manslaughter – 1922Manslaughter – 1922orgy sceneorgy scene

1930s1930s

The Great The Great DepressionDepression

As a backlash against the As a backlash against the openness of the Roaring openness of the Roaring Twenties, many people in Twenties, many people in

society insisted on society insisted on censorshipcensorship

Look at Look at these these

costumescostumes

Tarzan and His Mate - Tarzan and His Mate - 19321932

Look at Look at thesethese

costumescostumesOr lack thereofOr lack thereof

The Hays OfficeThe Hays Office

Started in 1930Started in 1930 Run by Will H. HaysRun by Will H. Hays Set standards for moviesSet standards for movies

Adopted from a list devised by Father Adopted from a list devised by Father Daniel Lord, a Jesuit priestDaniel Lord, a Jesuit priest

Had no effective enforcementHad no effective enforcement

Hays’ 3 PrinciplesHays’ 3 Principles

1.1. No picture shall be produced that No picture shall be produced that will lower the moral standards of will lower the moral standards of those who see it. Hence the those who see it. Hence the sympathy of the audience should sympathy of the audience should never be thrown to the side of crime, never be thrown to the side of crime, wrongdoing, evil or sin wrongdoing, evil or sin

2.2. Correct standards of life, subject only Correct standards of life, subject only to the requirements of drama and to the requirements of drama and entertainment, shall be presented. entertainment, shall be presented.

3. Law, natural or human, shall not be 3. Law, natural or human, shall not be ridiculed, nor shall sympathy be ridiculed, nor shall sympathy be created for its violation.created for its violation.

This was followed with specific This was followed with specific restrictions restrictions

Portrayals of miscegenation were Portrayals of miscegenation were forbidden. forbidden.

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

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

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

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

Joseph Burstyn, Inc. vs. Joseph Burstyn, Inc. vs. Wilson, 1952Wilson, 1952

Supreme Court decision overturning Supreme Court decision overturning Mutual v. Ohio that allowed the Mutual v. Ohio that allowed the censorship of movies because they censorship of movies because they were a business, not an art form, were a business, not an art form, and “they could be used for evil.”and “they could be used for evil.”

This case determined that movies, This case determined that movies, even if a business, are a form of even if a business, are a form of artistic expression and thus entitled artistic expression and thus entitled to First Amendment protection.to First Amendment protection.

Jacobellis v. Ohio, 1964Jacobellis v. Ohio, 1964

Ohio tried to ban the film “The Ohio tried to ban the film “The Lovers” for obscenityLovers” for obscenity

Supreme Court ruled it wasn’t Supreme Court ruled it wasn’t obsceneobscene Only hard-core pornography was Only hard-core pornography was

obsceneobscene Court couldn’t define obscenityCourt couldn’t define obscenity

Tarzan the Ape ManTarzan the Ape Man

Harold and Kumar Go to Harold and Kumar Go to White CastleWhite Castle

Cheech and ChongCheech and Chong

Radio and Radio and RegulationRegulation

FCC Act of 1934FCC Act of 1934 ““Nothing in this chapter shall be Nothing in this chapter shall be

understood or construed to give the understood or construed to give the Commission the power of censorship Commission the power of censorship over the radio communications or over the radio communications or signals transmitted by any radio station, signals transmitted by any radio station, and no regulation or condition shall be and no regulation or condition shall be promulgated or fixed by the Commission promulgated or fixed by the Commission which shall interfere with the right of which shall interfere with the right of free speech by means of radio free speech by means of radio communication.” communication.”

Section 326Section 326

Other MediaOther Media

MoviesMovies

““We have no doubt that moving pictures, We have no doubt that moving pictures, like newspapers and radio, are included like newspapers and radio, are included in the press whose freedom is in the press whose freedom is guaranteed by the First Amendment.” guaranteed by the First Amendment.”

U.S. v. Paramount Pictures, Inc., 1948U.S. v. Paramount Pictures, Inc., 1948

First Amendment applied to any First Amendment applied to any “significant medium for the “significant medium for the communication of ideas.” communication of ideas.”

Burstyn v. Wilson, 1952Burstyn v. Wilson, 1952

TelevisionTelevision

““No rational distinction can be made No rational distinction can be made between radio and television on the between radio and television on the one hand and the press on the other one hand and the press on the other in affording constitutional protection in affording constitutional protection contemplated by the First contemplated by the First Amendment.”Amendment.”

Rosenblum v. Metromedia,1969Rosenblum v. Metromedia,1969

Prior to radio, communication was Prior to radio, communication was point to pointpoint to point

It was one voice reaching one person It was one voice reaching one person at a timeat a time BooksBooks LettersLetters TelegramsTelegrams

Movies could reach tens or hundreds Movies could reach tens or hundreds at a time, but it required affirmative at a time, but it required affirmative action on the part of the audienceaction on the part of the audience

1932 Democratic 1932 Democratic ConventionConvention

One voice, many earsOne voice, many ears

For the first time, one For the first time, one voice could be heard by voice could be heard by millions of people at a millions of people at a timetime

John R. Brinkley, MD (?)John R. Brinkley, MD (?)

Sold the cure for many medical Sold the cure for many medical problems, especially sexual problems, especially sexual problems –problems –

Goat GlandsGoat GlandsQuickly realized the value of radio as Quickly realized the value of radio as

an advertising mediuman advertising medium

Opened a 1000 watt station in Opened a 1000 watt station in Kansas to promote his “cures”Kansas to promote his “cures”

Was denied a license in 1930 Was denied a license in 1930 because he didn’t broadcast in the because he didn’t broadcast in the public interest but only for private public interest but only for private gaingain

Appealed on grounds of censorshipAppealed on grounds of censorship Lost the appeal: past programming Lost the appeal: past programming

could be considered without it being could be considered without it being considered censorshipconsidered censorship

Brinkley opened new Brinkley opened new stationstation

Across the border in MexicoAcross the border in Mexico Programming sent across from the Programming sent across from the

US on phone linesUS on phone lines Pumped out 500,000 watts – could Pumped out 500,000 watts – could

be heard in Russiabe heard in Russia

Led to new regulations – the Led to new regulations – the Brinkley Act:Brinkley Act: Any station broadcasting from Any station broadcasting from

Mexico but originating in the US Mexico but originating in the US had to be licensed by the UShad to be licensed by the US

Put Brinkley out of businessPut Brinkley out of business

Radio Act of 1927Radio Act of 1927

Created the Federal Radio Created the Federal Radio CommissionCommission

Gave government the right to Gave government the right to regulate broadcast signals to get rid regulate broadcast signals to get rid of chaos on the airof chaos on the air

““Limited natural Limited natural resource”resource”

What is being regulated?What is being regulated?

The airwavesThe airwaves Airwaves consist of a certain Airwaves consist of a certain

segment of the electromagnetic segment of the electromagnetic spectrumspectrum

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

What is being regulated?What is being regulated?

Propagation characteristics- ability Propagation characteristics- ability of a wavelength to pass through of a wavelength to pass through objectsobjects Longer the wavelength, the less likely it Longer the wavelength, the less likely it

is to be absorbed is to be absorbed Certain airwaves are valuable, while Certain airwaves are valuable, while

others are less valuable others are less valuable

Broadcast is Broadcast is regulatedregulated

Stations must be Stations must be licensed to avoid licensed to avoid

chaoschaos

Radio Act of 1927Radio Act of 1927

The regulatory part of the Radio ActThe regulatory part of the Radio Act Require stations to get a licenseRequire stations to get a license License would specify the station’s License would specify the station’s

frequency and powerfrequency and power Prevented overlapping signalsPrevented overlapping signals

Public ownership of Public ownership of airwavesairwaves

Print media don’t use anything that’s Print media don’t use anything that’s not privately ownednot privately owned

Broadcast frequencies are the Broadcast frequencies are the property of the peopleproperty of the people Licensee must operate in the public Licensee must operate in the public

convenience, interest, or necessity convenience, interest, or necessity FCC decides what’s “in the public FCC decides what’s “in the public

interest”interest”

Communications Act of Communications Act of 19341934

Created the Federal Communications Created the Federal Communications CommissionCommission

Replaced the Federal Radio Replaced the Federal Radio CommissionCommission

Licensee must operate in the public Licensee must operate in the public convenience, interest, or necessityconvenience, interest, or necessity

Communication treated as Interstate Communication treated as Interstate CommerceCommerce

Under U.S. Constitution, Section 8Under U.S. Constitution, Section 8

The FCC can’t censor radio The FCC can’t censor radio programming or make any programming or make any regulations that interfere regulations that interfere with free speech on radio.with free speech on radio.

Federal Communications Act of Federal Communications Act of 1934, Section 3261934, Section 326

ScarcityScarcity

Airwaves are not only Airwaves are not only valuable, they’re limitedvaluable, they’re limited

Media differencesMedia differencesPrint media audiences must act Print media audiences must act

affirmativelyaffirmatively Decide to buy the mediumDecide to buy the medium Actively select what to readActively select what to read

Broadcast media audiences are “captive”Broadcast media audiences are “captive” They can’t ignore or bypass that which They can’t ignore or bypass that which

they’re not interested in, like they can in they’re not interested in, like they can in print mediaprint media

TV has a major impact on the audience – or TV has a major impact on the audience – or does it?does it?

The Proxy ConceptThe Proxy Concept

Since the public “owns” the Since the public “owns” the airwaves, licensees are only acting airwaves, licensees are only acting as a proxy for the publicas a proxy for the public

The First Amendment doesn’t The First Amendment doesn’t prohibit requiring a trustee to do prohibit requiring a trustee to do certain thingscertain things share frequenciesshare frequencies Act in the public interestAct in the public interest

Four rationales for Four rationales for regulationregulation

Public owns the airwavesPublic owns the airwaves Scarcity of airwavesScarcity of airwaves Differences between print and Differences between print and

broadcast mediabroadcast media Proxy conceptProxy concept

The arrival of cableThe arrival of cable

No public “ownership” of airwavesNo public “ownership” of airwaves No airwavesNo airwaves

No scarcity of resourcesNo scarcity of resources Cable can carry hundreds of channels Cable can carry hundreds of channels

with no interferencewith no interference No proxy conceptNo proxy concept Only the assumption of TV’s effect Only the assumption of TV’s effect

on the audienceon the audience

FCC v. Pacifica, 1978FCC v. Pacifica, 1978

WBAI aired George Carlin’s “Seven words WBAI aired George Carlin’s “Seven words you can never say on television”you can never say on television”

A father complained his 15-year-old son A father complained his 15-year-old son was in the car with him and heard the was in the car with him and heard the routineroutine

Supreme Court by 5 to 4 agreed with the Supreme Court by 5 to 4 agreed with the FCC that the routine was indecent and FCC that the routine was indecent and restricted such programming to after 10 restricted such programming to after 10 pm when children were unlikely to be pm when children were unlikely to be listeninglistening

Regulating new mediaRegulating new media

How?How?No ownersNo ownersNo central controlNo central controlNo “contemporary community No “contemporary community

standards”standards”Miller v. California, 1972Miller v. California, 1972

Go after ISPsGo after ISPs

Require ISPs to block sitesRequire ISPs to block sites Violates First AmendmentViolates First Amendment ISPs aren’t originators, only conduitsISPs aren’t originators, only conduits

CopyrightsCopyrights

A copyright grants the creator exclusive A copyright grants the creator exclusive right to benefit financially from his or her right to benefit financially from his or her creationcreation

Internet makes copyright violation easyInternet makes copyright violation easy Copy and share files from CDs and DVDsCopy and share files from CDs and DVDs Limits consumers use of what they buyLimits consumers use of what they buy

Digital Millennium Act of 1998Digital Millennium Act of 1998 Makes copying and sharing, or making Makes copying and sharing, or making

possible copying and sharing, of copyrighted possible copying and sharing, of copyrighted material illegalmaterial illegal

Copyright Copyright

Definition: Gives the creator of a Definition: Gives the creator of a piece of work exclusive rights piece of work exclusive rights Gives credit where credit is dueGives credit where credit is due Financial benefitsFinancial benefits Control over adapting workControl over adapting work Control over performance Control over performance

If you make something, you should have If you make something, you should have control over it and profit from it! control over it and profit from it!

CopyrightCopyright First law – 1790First law – 1790

Protected for 14 years & could be renewed for Protected for 14 years & could be renewed for additional 14 yearsadditional 14 years

Only protected U.S. authorsOnly protected U.S. authors Copyright Act of 1976Copyright Act of 1976

Copyrights would last for 50 years after the Copyrights would last for 50 years after the author’s deathauthor’s death

Expanded protections to new mediaExpanded protections to new media 1998 Digital Millennium Copyright Act1998 Digital Millennium Copyright Act

Copyrights would last for 70 years after the Copyrights would last for 70 years after the author’s deathauthor’s death

Copyright protections to materials recorded Copyright protections to materials recorded digitallydigitally

Public domain Public domain When intellectual property rights When intellectual property rights

have expired they enter the have expired they enter the public domainpublic domain Shakespeare, classical music, etc. Shakespeare, classical music, etc. Don’t need to get permission for Don’t need to get permission for

clips or samplesclips or samples Copyright laws diminishing Copyright laws diminishing

public domainpublic domain

Wizard of OZWizard of OZ

Published in 1900Published in 1900 Entered the public domain in 1956Entered the public domain in 1956 This has allowed other people to This has allowed other people to

‘reimagine’ the story‘reimagine’ the story

DisneyDisney Disney made huge profits off of Disney made huge profits off of

public domain storiespublic domain stories

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

Benefits of public Benefits of public domain domain

Create new knowledge & culture Create new knowledge & culture Revamp and retell stories- retell Revamp and retell stories- retell

old stories to new audience (and old stories to new audience (and maybe do a better job!)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 informationLow cost access to information Books, music, etc. Books, music, etc.

Enabling competition Enabling competition

Benefits of public Benefits of public domain domain

Create new knowledge & culture Create new knowledge & culture Revamp and retell stories- retell Revamp and retell stories- retell

old stories to new audience (and old stories to new audience (and maybe do a better job!)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 informationLow cost access to information Books, music, etc. Books, music, etc.

Enabling competition Enabling competition

Copyright Exceptions Copyright Exceptions

Fair use: Can use copyrighted Fair use: Can use copyrighted material under certain situations material under certain situations CriticismCriticism CommentaryCommentary News reporting News reporting ResearchResearch TeachingTeaching Parody Parody

Problems with systemProblems with system

Public doesn’t get much in return for Public doesn’t get much in return for giving away the airwaves (or giving away the airwaves (or extending copyright)extending copyright)

Rubber stamp for licenses prevents Rubber stamp for licenses prevents innovationinnovation No competition No competition

Result- poor service, less innovation, Result- poor service, less innovation, higher costs higher costs Little motivation to be innovative when Little motivation to be innovative when

you know you’re getting the license you know you’re getting the license In 2013, US ranked 9In 2013, US ranked 9thth in internet in internet

connection speedconnection speed Big price differencesBig price differences

US 500 Mbps- $310 a monthUS 500 Mbps- $310 a month Same speed in Hong Kong is $25 a monthSame speed in Hong Kong is $25 a month

FFourour points about points about regulationregulation

1. Media systems are created by 1. Media systems are created by policies and subsidies; they are not policies and subsidies; they are not ‘natural’‘natural’

1. Media systems 1. Media systems created…created…

We shape our social systemsWe shape our social systems Picked capitalism over socialismPicked capitalism over socialism

Same with mediaSame with media Current system is commercial systemCurrent system is commercial system

1. Media systems 1. Media systems created…created…

People weren’t necessarily happy People weren’t necessarily happy with the proposed commercial with the proposed commercial systemsystem Do you like advertising? Do you like advertising?

Advertising has never been popular Advertising has never been popular



2. First Amendment does not 2. First Amendment does not authorize corporate run media authorize corporate run media systemsystem

Freedom of press Freedom of press = = No regulations No regulations Free speech- right of every individual to Free speech- right of every individual to

speak their mind and not fear the speak their mind and not fear the government locking you up for saying government locking you up for saying things they don’t likethings they don’t like

Freedom of the press – That the press can Freedom of the press – That the press can print things without fearing governmentprint things without fearing government

Report on things that are important to citizens, Report on things that are important to citizens, even if people in power don’t like it even if people in power don’t like it

Many argue free press means ZERO Many argue free press means ZERO regulation of airwaves. Regulations regulation of airwaves. Regulations seen as an infringement on right to seen as an infringement on right to free speechfree speech This assumes that companies are people This assumes that companies are people Recent court decisions have started to Recent court decisions have started to

equate money with freedom of speech equate money with freedom of speech Citizens United Citizens United

Airwaves are heavily regulatedAirwaves are heavily regulated Who does the regulation benefit? Who does the regulation benefit?



2. First Amendment does not 2. First Amendment does not authorize corporate run, profit authorize corporate run, profit motivated media systemmotivated media system

3. American media system is not a 3. American media system is not a free market systemfree market system

Ownership & worth Ownership & worth

Public owns the airwaves (not the Public owns the airwaves (not the media companies)media companies)

FCC provides license for companies FCC provides license for companies (and people) to use the airwaves(and people) to use the airwaves

Licenses are generally free of cost as Licenses are generally free of cost as long as the company (or person) long as the company (or person) provides a “public service“provides a “public service“ Industry says they provide 8 BILLION a Industry says they provide 8 BILLION a

year in public service programming year in public service programming

How much is given away? How much is given away?

Companies sometimes claim that Companies sometimes claim that they only have a narrow slice of they only have a narrow slice of the bandwidththe bandwidth

However, only part of the However, only part of the bandwidth is profitable and bandwidth is profitable and capable of reaching large capable of reaching large audiencesaudiences

Ownership & worth Ownership & worth

Few instances of the government Few instances of the government rejecting a renewal of a license rejecting a renewal of a license Unlike other industries (e.g., coal, Unlike other industries (e.g., coal,

timber, farming), almost no public timber, farming), almost no public revenue generatedrevenue generated

Essentially a huge government subsidy Essentially a huge government subsidy

Other media subsidiesOther media subsidies 1. Mail subsidies1. Mail subsidies

Costs less to mail magazinesCosts less to mail magazines 2. Film subsidies2. Film subsidies

Give money to movie studios so they film Give money to movie studios so they film movies in city, town, etc. movies in city, town, etc.

3. Government spends money on advertising3. Government spends money on advertising Tax dollars help generate profits for TV stationsTax dollars help generate profits for TV stations

4. Companies write off advertising as 4. Companies write off advertising as business expense business expense Tax freeTax free

Four points about Four points about regulationregulation

1. Media systems are created by policies 1. Media systems are created by policies and subsidies; they are not ‘natural’and subsidies; they are not ‘natural’

2. First Amendment does not authorize 2. First Amendment does not authorize corporate run, profit motivated media corporate run, profit motivated media systemsystem

3. American media system is not a free 3. American media system is not a free market systemmarket system

4. Policy making process is important to 4. Policy making process is important to understand structure of media systemunderstand structure of media system

Major communication Major communication legislation legislation

Radio Act of 1912Radio Act of 1912 Government would license radio stationsGovernment would license radio stations Ships needed to always have someone Ships needed to always have someone

listening to radio transmissionslistening to radio transmissions Titanic Titanic

Airwaves broken into: Airwaves broken into: 1. Commercial1. Commercial 2. Government 2. Government 3. Amateur (got the worst deal) 3. Amateur (got the worst deal)

Major communication Major communication legislation legislation

Radio Act of 1927 Radio Act of 1927 Created the Federal Radio CommissionCreated the Federal Radio Commission

Limited relation powersLimited relation powers Power to grant licenses Power to grant licenses Only regulated profane languageOnly regulated profane language No regulation of advertisingNo regulation of advertising

Early equal time provisionEarly equal time provision Candidates required to have equal Candidates required to have equal

access to air timeaccess to air time

Communication Act of 1934Communication Act of 1934 Creation of the Federal Communication Creation of the Federal Communication

Commission Commission Communication treated as interstate commerceCommunication treated as interstate commerce

This was when there was a big debate This was when there was a big debate about commercial vs. non-commercial about commercial vs. non-commercial programmingprogramming

Commercial programming deemed to have Commercial programming deemed to have ample time to broadcast ‘public service’ ample time to broadcast ‘public service’ programmingprogramming

E.g., education programming E.g., education programming

Telecommunications Act of 1996Telecommunications Act of 1996 First government regulation since First government regulation since

the 1934 act (62 years)the 1934 act (62 years) Loosening of rules on ownershipLoosening of rules on ownership Stated goal Stated goal open the markets to open the markets to

anyone & lower costs for anyone & lower costs for consumersconsumers

Outcome Outcome huge merges huge merges

Before 1996 Telecomm ActBefore 1996 Telecomm Act Limited to 1 AM and 1 FM station per marketLimited to 1 AM and 1 FM station per market

AfterAfter Up to 8 per market that has 45 stationsUp to 8 per market that has 45 stations

BeforeBefore One TV station per marketOne TV station per market

AfterAfter Two stations per market, if market has 8 TV Two stations per market, if market has 8 TV

stations and one of two is not among top 4stations and one of two is not among top 4

BeforeBefore Cannot own a TV station and radio station in Cannot own a TV station and radio station in

market unless it has more than 30 media voicesmarket unless it has more than 30 media voices AfterAfter

Own up to 2 TV and 6 radio stations if there are Own up to 2 TV and 6 radio stations if there are 20 independent voices20 independent voices

BeforeBefore Cannot own more than one broadcast networkCannot own more than one broadcast network

AfterAfter Cannot own more than one of four large Cannot own more than one of four large

networksnetworks

Some rules not enforcedSome rules not enforced Increased amount of people a company Increased amount of people a company

could reach with TV stations from 25 to could reach with TV stations from 25 to 35 percent35 percent FOX and CBS currently reach about 40 FOX and CBS currently reach about 40

percentpercent Cable and satellite operators can’t Cable and satellite operators can’t

reach more than 30% of U.S. reach more than 30% of U.S. householdshouseholds Rule suspended by FCC in 2001Rule suspended by FCC in 2001

Study from 2005Study from 2005 Cable prices up 40 Cable prices up 40

percent since 1996percent since 1996 Well ahead of the Well ahead of the

Consumer Price Consumer Price IndexIndex

98 percent of 98 percent of homes only have homes only have access to one access to one cable provider cable provider

Contextual Contextual InfluencesInfluences

Influences on contentInfluences on content

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


Five levels Five levels

1.Individual level 1.Individual level

Four areas of focus: Four areas of focus: A. Characteristics (age, gender, race, A. Characteristics (age, gender, race,

etc.)etc.) B. Personal and professional B. Personal and professional

background (e.g., education)background (e.g., education) Executives tend to have more education, Executives tend to have more education,

which is probably a good thing which is probably a good thing


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

mediamedia


D. professional roles D. professional roles Journalists- cover an a story accurately Journalists- cover an a story accurately

and with as little bias as possibleand with as little bias as possible Owner – goal is to make money for Owner – goal is to make money for

company and stock holderscompany and stock holders E.g., The Simpsons and FOX E.g., The Simpsons and FOX Profits are the underlying goalProfits are the underlying goal

2.Routines 2.Routines

All organizations need routines to All organizations need routines to function function Allows individuals in the organization to Allows individuals in the organization to

complete tasks 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 1. Media must obtain and process ‘raw product’ (news, comedy, etc.)product’ (news, comedy, etc.)

2. Obtain product from suppliers 2. Obtain product from suppliers (playwrights, directors)(playwrights, directors)

3. Deliver it to consumers 3. Deliver it to consumers

Routines help answer the Routines help answer the following…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 Often results in reliance on things the audience understand/feels comfortable audience understand/feels comfortable withwith

E.g., stereotypes E.g., stereotypes This has changed as fragmentation has This has changed as fragmentation has

increased increased What was once unacceptable on the What was once unacceptable on the

networks is acceptable on cable (e.g., South networks is acceptable on cable (e.g., South Park)Park)

Routines help answer the Routines help answer the following…following…

What are other media outlets doing? What are other media outlets doing? Another routine is to follow the lead of Another routine is to follow the lead of

other mediaother media Copy hit showsCopy hit shows

3. Organizational 3. Organizational influencesinfluences

Media organizations today largely Media organizations today largely concerned with profitsconcerned with profits

Proliferation of mega-mediaProliferation of mega-media 1984: 50 media corporations1984: 50 media corporations 1992: 231992: 23 1997: 101997: 10 Today: 5Today: 5

Big mediaBig media

Number of media companies that Number of media companies that combined control more than 50% combined control more than 50% of U.S. Mediaof U.S. Media

Media diversity & Media diversity & democracydemocracy

Bagdikian predictionsBagdikian predictions 20042004

Time WarnerTime Warner DisneyDisney ViacomViacom BertelsmannBertelsmann News CorporationNews Corporation

Consequences of Consequences of mergersmergers

Vertical integrationVertical integration: controlling all : controlling all aspects of a media project from aspects of a media project from production, distribution, promotion production, distribution, promotion etc.etc.

SynergySynergy: Combining the strengths : Combining the strengths of different companies of different companies

ConvergenceConvergence:: Different media begin Different media begin to perform similar tasksto perform similar tasks

General General Electric/NBC/ComcastElectric/NBC/Comcast

Sales of $157 billion in 2009Sales of $157 billion in 2009 Started as RCAStarted as RCA 1926 created NBC1926 created NBC

Blue & RedBlue & Red 1985 GE bought RCA & NBC1985 GE bought RCA & NBC 2004 bought 2004 bought Vivendi UniversalVivendi Universal Comcast merger (own 51 % of Comcast merger (own 51 % of

company)company)

DisneyDisney

Sales of $36.1 billion in 2009Sales of $36.1 billion in 2009 Started in 1928 w/ Mickey Mouse Started in 1928 w/ Mickey Mouse

cartoonscartoons 1937 – first animated movie1937 – first animated movie 1950s – live action & documentaries1950s – live action & documentaries

International – approximately 25% of International – approximately 25% of earningsearnings

Ideal example of synergyIdeal example of synergy Cross promotion Cross promotion

News CorporationNews Corporation

Sales of $30.4 billion in 2009Sales of $30.4 billion in 2009 Vertical integration Vertical integration

Owns both the mean of production and Owns both the mean of production and distribution distribution Create movies through 20Create movies through 20thth Century Century FoxFox

Sell DVDs through 20Sell DVDs through 20thth Century Fox Century FoxBroadcast on FOX, then again on FXBroadcast on FOX, then again on FX

Time WarnerTime Warner Sales of $25.8 billion in 2009Sales of $25.8 billion in 2009 Started with Time Magazine in 1922 (Henry Started with Time Magazine in 1922 (Henry

Luce)Luce) Synergy- Synergy-

Warner Brothers movies (e.g., Batman) Warner Brothers movies (e.g., Batman) First run on Time Warner cable On DemandFirst run on Time Warner cable On Demand HBO gets movie nextHBO gets movie next Shifts to cable Shifts to cable TNT or TBS TNT or TBS

First run on TNT and TBS means they get First run on TNT and TBS means they get higher ratings, which means more cable higher ratings, which means more cable companies want to carry stations. Bigger companies want to carry stations. Bigger audience means they raise ad revenue audience means they raise ad revenue

All of this adds up to revenue for Time WarnerAll of this adds up to revenue for Time Warner

Viacom & CBSViacom & CBS

Sales of $13.6 and $13 billion in 2009Sales of $13.6 and $13 billion in 2009 Twists of historyTwists of history

Viacom – film production unit in CBSViacom – film production unit in CBS 1971 forced to spin off by federal 1971 forced to spin off by federal

regulationsregulations 1999 Viacom bought CBS1999 Viacom bought CBS

2005 Viacom & CBS technically split2005 Viacom & CBS technically split

Other playersOther players

Clear Channel Clear Channel 850+ radio stations (over 1,200 in 850+ radio stations (over 1,200 in

2005)2005) 900,000 billboards900,000 billboards

Gannett Gannett USA Today, 85 daily newspapers, 850 USA Today, 85 daily newspapers, 850

nondaily pubs, and 23 TV stationsnondaily pubs, and 23 TV stations New media giantsNew media giants

Google, Apple, YahooGoogle, Apple, Yahoo

Influence Influence

Characteristics of organization Characteristics of organization Hands off vs. hands onHands off vs. hands on In Plain SightIn Plain Sight

Disagreement between USA Disagreement between USA executives and producers results in executives and producers results in producers leaving showproducers leaving show

Show changes as a result Show changes as a result Less emphasis on personal lifeLess emphasis on personal life More upbeat, less darkMore upbeat, less dark

4. External pressures4. External pressures

Source pressure- Big organizations Source pressure- Big organizations with power can garner greater with power can garner greater coveragecoverage You vs. WSUYou vs. WSU Corporations can get their voice heardCorporations can get their voice heard

Interest group pressureInterest group pressure Focus on the Family, American Family Focus on the Family, American Family

Association, Christian Parents Television Association, Christian Parents Television Council - Promote ‘family values’Council - Promote ‘family values’

Campaigns to voice opinionCampaigns to voice opinion

Advertisers- Threaten to pull money Advertisers- Threaten to pull money from programfrom program Fewer stories about car accidents, Fewer stories about car accidents,

negative effects of tobacconegative effects of tobacco More than 75% of editors said More than 75% of editors said

advertisers have threatened to pull advertisers have threatened to pull money (Australia)money (Australia)

90% have felt pressure in U.S.90% have felt pressure in U.S.

5. Ideology 5. Ideology

Ideology is a formal and articulated system of Ideology is a formal and articulated system of meanings, values and beliefs…that can be meanings, values and beliefs…that can be abstracted as ‘worldviews.’ abstracted as ‘worldviews.’

US ideology: US ideology: Economic- capitalism, private ownership, free Economic- capitalism, private ownership, free

marketsmarkets Political- liberal democracy, people have equal Political- liberal democracy, people have equal

worthworth These values are articulated and reaffirmed These values are articulated and reaffirmed

in media in media


Five levels Five levels

Documents

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