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Media Institutions > Media Law > Flashcards

Media Law Flashcards

1
Q

What is defamation?

A

Ruining someone’s reputation

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2
Q

What is libel?

A

Written from of defamation

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3
Q

What is slander?

A

Spoken form of defamation

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4
Q

What are libel defenses?

A
  1. Truth
  2. Qualified privilege
  3. Fair comment
  4. Actual malice
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5
Q

What is truth?

A

How can it be defamation if what was said was true?

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6
Q

What is qualified privilege?

A

I had every reason to believe that was true

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7
Q

What is fair comment?

A

Free speech

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8
Q

What is actual malice?

A

Journalists show reckless disregard for truth.

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9
Q

What are the four privacy laws?

A
  1. Intrusion
  2. Private facts
  3. False light
  4. Appropriation
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10
Q

What is intrusion?

A

Walking into situation when people have reasonable expectation of privacy, including trespassing. Example: picture of someone topless

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11
Q

What is private facts?

A

Reporting/ publishing private info. Need explicit permission to publish infor (med records, sex preferences)

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12
Q

What is false light?

A

False placement on public plaintiff (report on underage drinking and used photo of kids at mall. This suggest that those kids are drinking underage and the picture could get them in trouble).

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13
Q

What is appropriation?

A

Using plaintiff’s name. (Perfume ad using Kim Kardashian’s name w/out permission.)

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14
Q

What is intellectual property law?

A
  1. Copyright law
  2. Trademark law
  3. Patent law
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15
Q

What do copyright works include?

A

Literature, music, dramatic works, choreography, pictorial graphic and sculptural works, films, architectural works.

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16
Q

What are some non-copyrightable works?

A
  1. Ideas
  2. Facts
  3. Names
17
Q

What are the four factors that determine fair use of copyrighted material?

A
  1. The purpose and character of the use
  2. The nature of the copyrighted work
  3. The amount used
  4. The effect of the use upon the potential market
18
Q

What are some recent copyright cases?

A
  1. RIAA vs. Napster
  2. Viacom vs Youtube
  3. JK Rowling vs RDR Books`
19
Q

What is a trademark?

A

Any word, name, symbol or device (or any combination of these) used by a company to identify its goods or services

20
Q

What is the Miller Test?

A

Designed as a test to figure out what counts as obscenity and what does not.

21
Q

How did the Miller Test come about?

A

Came from court case Miller v. California (1973).

22
Q

What are the three things the Miller Test says?

A
  1. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest.
  2. Whether the work depicts/ describes, in a patently offensive way, sexual conduct or excretory functions, specifically defined by applicable state law.
  3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value
23
Q

How are cameras in the courtroom treated by the law and the state and federal levels?

A

States can allow cameras in some cases. Federal/ supreme courts do not allow cameras

24
Q

What was the Times v. Sullivan case?

A

Police commissioner sued NY Times because ads suggested that police used undue forces, treated people unfair in protest.

25
Q

What important concept was derived from Times vs Sullivan?

A

Derived actual malice-reckless defense for truth - to win case on libel must have actual malice, public figure official has to approve this and public figures.

26
Q

What are the rights guaranteed by the First Amendment?

A

Freedom of religion, speech, press, assembly and petition

27
Q

What is a chilling effect?

A

The phenomenon that occurs when journalists or other media producers decide not to publish stories on a topic after a journalist has been punished or jailed for such a story.

28
Q

What is sedition?

A

Speech or action that encourages overthrow of a government or that subverts a constitution or a nation’s laws.

29
Q

What is censorship?

A

The act of prohibiting certain expression or content. Censors usually do not target the whole publication, program, or website but seek to prohibit some part of the content.

30
Q

What is the Hays Code?

A

A code established in 1930 by the movie industry to censor itself regarding showing nudity or glorifying antisocial acts in movies.

31
Q

What is indecent content?

A

Language or material that, in context, depicts or describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.

32
Q

What are the three criteria for determining whether content is obscene?

A
  1. An average individual applying contemporary community standards must believe the content, taken as a whole, appeals to prurient interest.
  2. The content must show or describe in an offensive manner sexual conduct.
  3. The content on the whole must lack series literary, artistic, political, or scientific value.
33
Q

What is the FCC?

A

Federal Communications Commission. It is the principal communications regulatory body in the US. It allocates new broadcast radio and television stations and renews the licenses of existing stations, ensuring that each license is complying with the laws mandated by Congress.

34
Q

What is universal service and what are the six laws central to this evolving notion?

A
  1. Quality services at reasonable and affordable rates
  2. Access to advanced telecommunications and information services throughout the US
  3. Access to rural and high-cost areas
  4. Equitable and nondiscriminatory contributions to the preservation and advancement of universal service
  5. Specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service
  6. Access to advanced telecommunications services in elementary and secondary schools and classrooms, health care providers and libraries.
35
Q

What is the FTC?

A

The Federal Trade Commission. It enforces antitrust and consumer protection laws, including cases of deceptive advertising in print, electronic media, and the internet.

Media Institutions (13 decks)

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