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Media Law > Online licensing > Flashcards

Online licensing Flashcards

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1
Q

How does US law for licensing look like?

A
  1. No licensing of online providers - first amendment prohibits prior restraint
  2. Fewer content restrictions, most generally applicable laws enforced e.g child pornography laws
  3. Obscenity laws abandoned online
  4. Online indecency laws found unconstitutional in 1990s
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2
Q

Group 1 licensing means that licensee must

A
  1. make best efforts to ensure that prohibited material is not broadcast via Internet to users in SG
  2. deny access to prohibited content
    FINES for violating
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3
Q

Group 1 licensing targets

A 
Internet content providers: individuals or corporations 
deemed to have a class licece that can be revoked
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4
Q

Group 1 licensing orders have been mostly used for

A

sexually explicit content

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5
Q

Group 2 licensing means that licenseee must

A

register within 14 days of beginning operations

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6
Q

Who does Group 2 licensees include

A

Internet Service Providers
Political parties
Online newsppaer
Discussers and promoters of political or religious issues in SG

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7
Q

Why is Group 2 licensing a thing

A
  1. for authorities to be able to reach you

2. to ensure local control or funding

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8
Q

When was group 1, 2 created? When was group 3 created?

A

1996

2013 - supplements 1996 scheme

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9
Q

What do Group 3 licensees have to do

A

get a individual licence with bond of $50,000 if site has

  1. more than 50,000 visitors per month for more than 2 months and
  2. publishes average of at least 1 article/week for those months
  3. obey takedown orders to remove prohibited content within 24 hours
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10
Q

What is the internet code of practice?

A

what is prohibited and must be denied access to

when violated, can be fined

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11
Q

Why should we regulate pornography?

A
  1. FOE leads to erosion of community morality
  2. Govt should enforce dominant morality to strengthen morality, it binds society together
  3. Nothing is ever private, what we do or think in private affects how we act
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12
Q

Why should we not regulate pornography?

A

Self realisation rationale

  1. Individuals need information to make decisions that are life-affecting
  2. We need FOE for all matters to develop our views and become our full selves
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13
Q

What is the self-realisation rationale most similar to?

A

the marketplace of ideas rationale

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14
Q

What is the UK Obscenity Test called? what are the criteria?

A

Hicklin Test

  1. Tending to deprave and corrupt
  2. Does not have literary merit
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15
Q

What is the SG obscenity test criterion?

A

Effect is, when taken as a whole,

tending to deprave and corrupt

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16
Q

What does the SG obscenity law say about obscene material? What does it cover?

A
  1. cannot PID: possess, import or distribute

2. applies to digital files and electronic transmission

17
Q

is obscenity law criminal law in SG?

A

yes, you can be fined or jailed

18
Q

What is US obscenity law?

A

the Miller test

Distribution can be criminalised

Posession is ok

19
Q

What is the Miller Test?

A

The average person, applying community standards would find that as a whole, work
1. Appeals to prurient interest (excessive sexual interest)
2. Depicts in offensive way, sexual conduct specifically defined by state law
AND Lacks LAPS value (literary, artistic, political or scientific)

20
Q

What are examples of obscene material in the US?

A

Hard core pornography

Offensive, masturbation, excretory functions, lewd exhibition of genitals

21
Q

What are examples of what is not obscene material in the US?

A

Not obscene: can see in US mainstream content
Bare breasts
Genitals
Sex acts

22
Q

How are election surveys regulated in SG?

A

There will be a blackout on publishing results from writ of elections to closing of polls

23
Q

What are the exceptions to prohibitions on polling and cooling off day?

A

NOA:

News, One-on-one communication, Already published material

24
Q

What does the SG print newspaper require?

A
  1. a 1-year permit
  2. monetary deposit
  3. management scheme where owner is
    - SGrean
    - approved by the Minister
25
Q

What does the Undesirable Publications Act cover? What does it not?

A

Books, magazine, sound recording, picture, photo

NOT film

26
Q

Print and sound recordings can be deemed…

A

POO: Prohibited (cannot PID) Objectionable (can P, cannot ID) or Obscene

27
Q

What does the ISA prohibit for publications?

A
  1. subversive publications

2. certain entertainments and exhibitions

28
Q

What is a party political film?

A
  1. ad for a political party

2. film directed towards any political end

29
Q

What does the 2009 amendment to Film Act do?

A

excludes

  1. film for reporting news by licensed broadcasting service
  2. documentary that is accurate, not dramatic or animated
30
Q

what films can be prohibited?

A

any films that the Minister deems as contrary to pubic interest

31
Q

What are the consequences for breaking Film Act?

A

Criminal penalties: jail or fine

32
Q

Objectionable criterion is another law for…

A

hate speech, but only for publications. outrules things that are likely to cause feelings of hatred, enmity, ill-will or hostility between different racial or religious groups

33
Q

NAR films cannot be…

Why

A

distributed or exhibited

because they undermine national security

34
Q

How do film ratings in SG and US differ?

A

SG higher ratings are law, must be enforced

US higher ratings are voluntarily self-regulated by the industry

35
Q

In SG, Codes of practice must be followed for

A
  1. FTA and subscription TV
  2. Radio
  3. Video on demand
  4. TV and radio advertising
36
Q

Broadcast license owners can be

A

fined

37
Q

Broadcast licence can be

A

cancelled, suspended or modified

38
Q

Objectionable considers

A 
Impact of medium 
Value of publication
Community standards
Audience age 
Consent

Media Law (12 decks)

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