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Broadcasting Laws and Ethics
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Indecency and Obscenity Laws
Federal laws that prohibit the broadcast of indecent or obscene content under certain circumstances, particularly when it could be available to children.
Slander and Libel
Legal terms for the spoken (slander) or written (libel) false communication that damages a person's reputation; broadcasters have a legal and ethical responsibility to avoid making such statements.
Sponsorship Identification
The legal requirement for broadcasters to disclose on-air if content has been sponsored or paid for by an entity, ensuring transparency for the audience.
News Fabrication
The unethical and sometimes illegal act of a journalist or media outlet inventing stories or elements of stories, which can mislead the public and erode trust in the media.
Broadcast License Renewal
The process by which broadcasters must periodically apply to renew their FCC licenses, demonstrating their service to the public interest, among other requirements.
Advertising to Children
Special laws and regulations apply to advertising directed at children, aiming to protect from exploitation due to their impressionability and to ensure age-appropriate content.
Children's Online Privacy Protection Act (COPPA)
COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information from a child under 13.
Broadcasting False Information
It's illegal to intentionally broadcast false information that causes substantial public harm. This could include hoaxes or fake news that could harm public safety or cause substantial financial loss.
Political Broadcasting Rules
A set of regulations that ensure fair access and reasonable rates for political advertising on broadcast stations, as well as certain disclosure requirements.
Journalistic Ethics
These are guidelines that serve as a framework for the ethical reporting of news, including principles such as accuracy, objectivity, impartiality, fairness, and public accountability.
Editorial Independence
The ethical principle that editors and journalists should be free to develop and report stories free from outside influence, such as advertisers or funders.
Fair Use Doctrine
The Fair Use Doctrine allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
Public Interest Obligations
Broadcasters are required to serve the public interest and follow certain rules and guidelines to ensure that they provide a wide array of information to the public.
Equal-time rule
The rule mandates that U.S. radio and television broadcast stations must provide an equivalent opportunity to any opposing political candidates who request it.
Right to Privacy
Legal principle that individuals have a right to be left alone and have control over their own personal information. In broadcasting, it limits what personal information can be shared without consent.
Digital Millennium Copyright Act (DMCA)
U.S. law that criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.
Net Neutrality
The principle that Internet service providers should treat all data on the Internet equally, not discriminating or charging differentially by user, content, website, platform, or application.
Media Content Rating Systems
Voluntary guidelines that provide viewers with advance information about the content of programming to help them determine its appropriateness for children.
Intellectual Property Rights
Legal rights that creators have over their inventions, designs, music, and works of authorship, giving them control over the use, distribution, and reproduction of those works.
Media Ownership Laws
Regulations that control the number of media outlets that can be owned by a single person or company, aiming to prevent monopolization and promote diversity of viewpoints.
Federal Communications Commission (FCC)
The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable in the United States.
Product Placement Regulations
Rules governing how and when products can be featured within media content, usually to avoid undisclosed advertising and ensure transparency for the audience.
Native Advertising Disclosure
Requirements that advertisers and publishers clearly distinguish native advertising—ads that mimic editorial content—from regular content, for transparency.
Defamation
A false statement presented as a fact that injures a party's reputation. Broadcasters must avoid disseminating content that could be considered defamatory.
Music Licensing
Legal permissions required for broadcasters to use copyrighted music in their programming, typically acquired from performing rights organizations.
Conflicts of Interest
Situations where personal or financial interests may compromise a journalist's or broadcaster's objectivity and credibility.
Shield Laws
Provisions that protect reporters from being compelled to reveal confidential information or sources in state court.
Privacy of Sources
Journalistic principle that allows reporters to keep their sources confidential, protecting the privacy and safety of their sources and enabling a free flow of information.
Payola
The illegal practice of accepting payment by record companies for broadcasting particular songs on the radio without proper disclosure.
Broadcast Decency Enforcement Act of 2005
This law increased the fines for broadcasters that violate decency standards on air, especially during hours when children are likely to be part of the audience.
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