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Broadcasting Laws and Ethics

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Right to Privacy

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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.

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Fair Use Doctrine

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The Fair Use Doctrine allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.

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News Fabrication

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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.

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Political Broadcasting Rules

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A set of regulations that ensure fair access and reasonable rates for political advertising on broadcast stations, as well as certain disclosure requirements.

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Digital Millennium Copyright Act (DMCA)

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U.S. law that criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.

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Editorial Independence

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The ethical principle that editors and journalists should be free to develop and report stories free from outside influence, such as advertisers or funders.

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Intellectual Property Rights

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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.

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Slander and Libel

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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.

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Media Ownership Laws

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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.

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Equal-time rule

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The rule mandates that U.S. radio and television broadcast stations must provide an equivalent opportunity to any opposing political candidates who request it.

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Media Content Rating Systems

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Voluntary guidelines that provide viewers with advance information about the content of programming to help them determine its appropriateness for children.

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Children's Online Privacy Protection Act (COPPA)

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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.

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Indecency and Obscenity Laws

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Federal laws that prohibit the broadcast of indecent or obscene content under certain circumstances, particularly when it could be available to children.

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Advertising to Children

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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.

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Public Interest Obligations

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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.

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Federal Communications Commission (FCC)

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The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable in the United States.

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Journalistic Ethics

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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.

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Broadcasting False Information

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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.

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Broadcast License Renewal

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The process by which broadcasters must periodically apply to renew their FCC licenses, demonstrating their service to the public interest, among other requirements.

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Product Placement Regulations

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Rules governing how and when products can be featured within media content, usually to avoid undisclosed advertising and ensure transparency for the audience.

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Sponsorship Identification

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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.

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Net Neutrality

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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.

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Music Licensing

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Legal permissions required for broadcasters to use copyrighted music in their programming, typically acquired from performing rights organizations.

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Payola

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The illegal practice of accepting payment by record companies for broadcasting particular songs on the radio without proper disclosure.

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Defamation

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A false statement presented as a fact that injures a party's reputation. Broadcasters must avoid disseminating content that could be considered defamatory.

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Privacy of Sources

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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.

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Shield Laws

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Provisions that protect reporters from being compelled to reveal confidential information or sources in state court.

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Broadcast Decency Enforcement Act of 2005

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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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Conflicts of Interest

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Situations where personal or financial interests may compromise a journalist's or broadcaster's objectivity and credibility.

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Native Advertising Disclosure

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Requirements that advertisers and publishers clearly distinguish native advertising—ads that mimic editorial content—from regular content, for transparency.

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