Law and Ethics What you can and can’t do, what you should and shouldn’t do
Dec 03, 2014
Law and EthicsWhat you can and can’t do, what you should and shouldn’t do
• Media law isn’t just for reporters and media companies. It affects everyone.
• And the digital age has changed our idea of it.
• For instance, copyright. In the old days, it was clear: If you created a work of art or journalism, you were entitled to make money from it.
• But in the old days, you had to purchase something tangible: a newspaper, a book, a record, a work of art.
• Now all of that can be seen — and more importantly, shared — through the Internet.
• So what does that mean for the rights of intellectual property?
• From previous lessons, we know media companies have tried to root out file sharing and illegal downloads. Napster, Google and YouTube have been targeted for infringement.
• In 2004, the Motion Picture Association of America put an ad on DVDs warning people against piracy.
• But others argue the nature of the Web means certain works should be allowed to be distributed freely.
• In 2007, pop band Radiohead decided to make its record available online. The price? “Pay whatever you want,” they said.
• While copyright is a tricky issue, courts are clearly against the principle of prior restraint, meaning prohibiting expression in advance.
• Began with 1931 case Near v. Minnesota, which kept sheriff from stopping racist newspaper from printing.
• Principle used 40 years later in Pentagon Papers case.
• Courts have also stepped in to prevent literature censorship.
• In 1959, Grove Press sued to get D.H. Lawrence’s Lady Chatterley’s Lover distributed in America.
• In 1930, a similar suit allowed James Joyce’s Ulysses to be published in the U.S.
• The First Amendment, though, is not absolute. You can’t shout, “Fire” in a crowded building. You can’t reveal troop movements in wartime.
• And you can’t print libel, which is a written defamation of someone.
• 5 things must be proven to win a libel suit:– 1. It was false.– 2. It was disseminated
(doesn’t need to be printed in age of Internet).
– 3. Person was identified (doesn’t mean named necessarily)
– 4. It defamed the person’s character.
– 5. Reporter was negligent in checking facts.
• Three defenses for libel:– 1. Truth– 2. Privilege
• Certain spheres of life are libel-proof in an effort to encourage free expression, such as legislatures and courtrooms
– 3. Fair comment and criticism• Protects opinions made
about people who put themselves in limelight
• Principle originated from Cherry Sisters lawsuit.
• NY Times v. Sullivan case gave public figures a sixth element to prove in a libel case: actual malice.
• Made it difficult for anyone in public eye – elected officials, celebrities – to win a libel suit.
• One exception: Carol Burnett
• First code of ethics for journalists was the Canons of Journalism in 1923.
• Today, the Society of Professional Journalists has a Code of Ethics, which lists 4 principles:– Seek truth and report it– Minimize harm– Act independently– Be accountable
• History has provided a long list of reasons why journalism ethics codes are necessary – long before Hearst’s yellow journalism days.
• Recently, Britain’s News of the World paper owned by Rupert Murdoch was shut down after staffers broke into sources’ voicemails.
• In 1981, Janet Cooke of The Washington Post won the Pulitzer Prize, journalism’s highest honor, for a feature story on an inner-city child addicted to heroin.
• Only problem? It wasn’t true. Once uncovered, Cooke resigned and The Post returned the award.
• In 1919, Upton Sinclair, who wrote The Jungle on meatpacking, took on American newsrooms in The Brass Check.
• He uncovered how journalists would accept bribes from people wanting to get stories in the newspaper.
• Of course, today entertainment journalists are often treated to free trips called junkets paid for by movie studios.
• So some things never change…