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exam 4 law and ethics
Terms in this set (69)
What federal agency is the primary regulator of cable television and broadcast radio and television?
Federal Communications Commission
The public interest is the standard for regulating
broadcast radio and television
Section 315 of the Communications Act applies to
political broadcasting and cablecasting
Channel 11's general manager decides it is the station's civic duty to interview candidates running for mayor. Channel 11 then runs a half-hour "Meet the Candidates" news interview program every Wednesday at 7 p.m. for five weeks before the general election. However, there are six candidates for mayor. The general manager decided not to invite George, the Purple Party candidate for mayor. George demands that Channel 11 gives him the same amount of time the other mayoral candidates had. The general manager must ______.
give George a half hour of time
When did broadcast regulation begin to develop?
Commercial broadcast TV stations are required to ______
carry three hours each week of "core programming" for children
Commercial limits during children's programming
apply to both broadcast stations and cable systems
The U.S. Supreme Court ruled that the Internet's First Amendment status is most like that of ______
The concept of net neutrality is that ______
ISPs cannot charge content providers to speed up the delivery of their content
What is the satellite market modification rule?
a rule which allows a television station, satellite operator, or county government to request the addition or deletion of communities from a broadcast station's local television market to better reflect current market realities.
The legislation currently regulating broadcast radio and television in the United States is the Radio Act of 1912.
Section 315 of the Communications Act of 1934 requires broadcast stations and cable systems to make equal opportunities available to legally qualified candidates for the same political office.
An FCC license is required to operate any broadcast station in the United States.
Cable TV regulation is shared between the U.S. Congress and local or state governments
The U.S. Supreme Court held that the internet has full First Amendment protection
In the law, the word "pornography" is ______
not used as a legal term, except in the phrase "child pornography"
Regarding obscenity, indecency, and the Internet, the U.S. Supreme Court has ______
not yet upheld a congressional law limiting indecent content on the Internet
The Miller v. California obscenity definition
requires all three parts of the test to be met for a material to be found obscene
Variable obscenity is a term for material that ______
is obscene for children, but not for adults
It is illegal to possess ______ in one's home.
If a film using adults as the actors contains serious literary, artistic, political, or scientific value, the work ______
cannot be legally obscene
Rulings by the courts and the FCC about indecent material on broadcast stations are attempts to balance ______
stations' First Amendment rights and federal law banning all indecent material in broadcasting
As part of the Telecommunications Act of 1996, Congress adopted a law making it illegal to transmit indecent material to minors over the internet. The Supreme Court ______
held the law unconstitutional
Assume the FCC adopts a definition of indecency the courts find constitutional. Then Suzy Sordid and Chucky Chuckles are hosts on a program airing from 6 a.m.-10 a.m. on KWAK-FM. Chucky often discusses sexual themes that are not quite obscene, but close. The station ______
may be in trouble, because the Sordid-Chuckles show may be indecent
KWAK-FM moves the Sordid-Chuckles show to 1 a.m.-5 a.m. Now, the station ______
is not in trouble because the Sordid-Chuckles show is being broadcast during a safe harbor period
The First Amendment protects using swear words in the print media and movies
Showing minors in sexual situations will likely be found to be variable obscenity
The First Amendment protects against the government seizing non-obscene books owned by a person convicted of selling obscene material.
According to the Miller test, an assessment of whether the material appeals to prurient interests must be based on conclusions drawn by an average person, not a child or a particularly sensitive person
The safe harbor policy is a Federal Communications Commission (FCC) policy designating 10 p.m. to 6 a.m. as a time when broadcast radio and TV stations may air indecent material without violating federal law or FCC regulations.
include all forms of media that utilize electronics or digital encoding to distribute news and entertainment.
The range of wavelengths or frequencies over which electromagnetic radiation extends. It is used to send both analog and digital signals
is any one of the electromagnetic wave frequencies that lie within a specified range that is used for communication.
a federal agency charged with issuing or denying radio licenses and assigning frequencies to prevent stations from interfering with each other.
federal radio commission
as a federal agency, directly responsible to Congress and charged with regulating interstate and international communications
federal communications commission
Congress established the FCC and began to regulate ___ because it used the spectrum—a limited, public resource
The limitation to the number of segments of the broadcast spectrum that may be used for radio or television in a specific geographical area without causing interference.
The Federal Communications Commission rule requiring broadcast stations to air programs discussing public issues and include a variety of views about controversial issues of public importance
A high-capacity transmission technique using a wide range of spectrum frequencies to enable a large number of messages to be communicated simultaneously.
A notice issued by the Federal Communications Commission announcing that it is considering changing certain of its regulations or adopting new rules
notice of proposed rulemaking
it prohibited the ownership of a newspaper and a broadcast station that served the same local community, it emphasized the need for a diversity of voices to be heard via different media outlets in each market
A political broadcasting rule that allows a candidate's supporters equal opportunity to use broadcast stations if the candidate's opponents' supporters use the stations.
An entity, including cable or direct broadcast satellite services, that provides multiple channels of video programming for purchase.
multi-channel video programming distributor
Regulations enacted under the federal cable law that require multichannel video programming distributors to transmit local broadcast television stations. Also called the cable carriage requirement
must carry rule
Part of the federal cable law allowing broadcast stations to negotiate a fee for retransmission of their programs
as a way to allow the public, various educational institutions and local governments to have access to cable systems in ways Congress does not require for newspapers, magazines, radio and television stations and other mass media.
PEG access channels
simply means that ISPs cannot charge content providers to speed up the delivery of their content.
is vague—not legally precise—because it encompasses both protected and unprotected sexual material
referring to sexual expression and expletives inappropriate for children on broadcast radio and television
material is determined to be obscene if it passes the Miller test
a rule that defines material as obscene if it tends to corrupt children
Lustful thoughts or sexual desires.
Term describing material with hard-core sexual conduct
Material cannot be found obscene if it has serious literary, artistic, political or scientific value determined using national, not local/community, standards.
serious social value
The concept that sexually oriented material not obscene for adults may be obscene if distributed to minors
Any image showing children in sexual or sexually explicit situations.
A Federal Communications Commission policy designating 10 p.m. to 6 a.m. as a time when broadcast radio and television stations may air indecent material without violating federal law or FCC regulations
safe harbor policy
The legal category including copyright, trademark and patent law
intellectual property law
An exclusive legal right used to protect intellectual creations from unauthorized use
A word, name, symbol or design used to identify a company's goods and distinguish them from similar products other companies make
The first copyright law, adopted in England in 1710, protected authors' works if the authors registered them with the government.
statute of anne
Refers to creative materials that are not protected by intellectual property laws. The public can use public domain work without permission
The primary international copyright treaty adopted by many countries in 1886 and by the United States in 1988.
Work created when working for another person or company. The copyright in a work made for hire belongs to the employer, not the creator
work made for hire
A work that is obtained from or created in relation to an original work
Part of the 1976 Copyright Act that says broadcast networks, local broadcasters and cable television systems perform a work when they transmit content to viewers.
Once a copyright owner sells a copy of a work, the new owner may possess, transfer or otherwise dispose of that copy without the copyright owner's permission
The unauthorized manufacture, sale or distribution of an item protected by copyright, patent or trademark law.
Damages specified in certain laws. Under these laws, copyright being an example, a judge may award statutory damages even if a plaintiff is unable to prove actual damages
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