Broadcasting, Cable, the Internet and Beyond Chapter 11

1. Broadcasting, Cable, the Internet and BeyondChapter 11 Quick Facts • Date of first National Association of Broadcasters code for broadcasting: 1929 • Date code abolished: 1983 • Most influential citizens’ group in TV history: Action for Children’s Television • Number of sexual references in prime time TV, 1989: 36 • Number of sexual references in prime time TV, 2003: 342

2. Broadcasting, Cable, the Internet and BeyondChapter 11 Self-Regulation in Broadcasting and Cable Codes: written statements of principle guiding behavior • Eg. “Thou shalt not bear false witnesses against…” • Codes are common in all professions: medicine, law, journalism The NAB Code: National Association of Broadcasters • Established radio code in 1929, included TV in 1952 • Covered both programming and advertising • After anti-trust suit, NAB code was revoked

3. Broadcasting, Cable, the Internet and BeyondChapter 11 Self-Regulation in Broadcasting and Cable • NAB: National Association of Broadcasters • 1990 - Voluntary programming principles adopted • Radio & Television News Directors Association (RTNDA) • Code of Broadcast News Ethics • Society of Professional Journalists (SPJ) • Code for objectivity and press responsibility • American Advertising Federation (part of Better Business Bureau) • Code for truthfulness in advertising

4. Broadcasting, Cable, the Internet and BeyondChapter 11 Self-Regulation in Broadcasting and Cable Recent government pressure to create code of behavior • 1997: Congress introduces bill to allow industry to create new code (did not pass) • 1998: NAB was asked to draft an updated voluntary code of conduct for broadcasters. • 2000: Senate asks FCC asked to examine if current programming was serving the public interest • NAB has resisted all efforts to resurrect its code, citing First Amendment concerns

5. Broadcasting, Cable, the Internet and BeyondChapter 11 Other Codes and Policies • Without Codes: • Management must be sensitive to political, social and economic sensibilities of community • Stations develop own policy guidelines • Advantages to codes • Public & employees are made aware of specific policies • Disadvantages to codes • Codes could be used in court against a station • Need to be worded vaguely to reflect an entire organization and thus are not useful day-to-day

6. Broadcasting, Cable, the Internet and BeyondChapter 11 Departments of Standards and Practices • Standards and Practices Departments have been cut back, reflecting a more liberal, viewing public • Societal standards more tolerant • Success of “The Sopranos” & “Sex and the City” has encouraged programmers to “push the envelope” • The V-Chip passes some responsibility on the public • Network’s competitive position influences its standards

7. Broadcasting, Cable, the Internet and BeyondChapter 11 Department of Standards and Practices • Network’s competitive position influences standards • Fox Network: introduced controversial shows like “Married With Children,” “The Simpsons” • Cable has more leeway in following standards • “South Park” runs in the late evening • MTV runs ‘The Osbornes’ at night • Premium Cable channels, HBO & Showtime have greatest latitude when it comes to mature and sexual content • ‘Sex and the City’ would never be aired by a broadcast network without editing content

8. Broadcasting, Cable, the Internet and BeyondChapter 11 Departments of Standards and Practices • Acceptability of TV/radio messages depends on: • Size of the market • The time period • The station’s audience • The type of content involved

9. Broadcasting, Cable, the Internet and BeyondChapter 11 The V-Chip • Intriguing blend of legal regulation and self-regulation • Is coordinated with voluntary ratings scheme • Section 551, Telecommunications Act of 1996 • TV-Y – programs suitable to “all children” • TV-Y7 – programs “directed to older children”, aged 7 and above • TV-G – general audience • TV-14 – Parents strongly cautioned for children under 14 • TV-M – mature audience only

10. Broadcasting, Cable, the Internet and BeyondChapter 11 Professional Groups • Industry/Trade organizations offering research, technical advice • Best known: National Association of Broadcasters (NAB) • National Cable Television Association (NCTA) • National Advertising Division (NAD) • National Advertising Review Board (NARB) • Scholarly and Academic Organizations: Working with students • Broadcast Education Association • Association for Education in Journalism

11. Broadcasting, Cable, the Internet and BeyondChapter 11 Citizens’ Groups • Exerting a force: Three Prime Areas of Concern • Concern over portrayal of minorities • Presentation of sex and violence - concerned groups • Center for Media Education • Center for Communication Policy • Parents Media Council • Children’s Programming • Parent Teacher Association • National Education Association

12. Broadcasting, Cable, the Internet and BeyondChapter 11 Children’s Programming • Major Focus: Enforcement of the provisions found in Children’s Television Act of 1990 • Center for Media Education maintains Web Site with description of the legal regulations • Web Site shows listing of what programs are meeting 3-hour requirement • Web site shows if station is in compliance with law

13. Broadcasting, Cable, the Internet and BeyondChapter 11 Effects of Citizen’s Groups on Children’s TV • Increase sensitivity of programmers towards offensive material • Restrict creative freedom of writers • Producers have to walk thin line between alternatives • Giving into one group’s demands offends everyone else • Satisfying everyone is not an easy task

14. Broadcasting, Cable, the Internet and BeyondChapter 11 Ethics Crucial to self-regulation in broadcasting industry • Broadcasters make decisions open to public scrutiny • From “ethos”: a dwelling place in which we fell comfortable • Which human actions are morally permissable? • Ethics and law are related: both limit human activities • Law is enforced by sanctions/consequences • Ethics are enforced by one’s moral sense of what’s proper • Law and ethics often can and often overlap

15. Broadcasting, Cable, the Internet and BeyondChapter 11 Ethical Theories Teleological Theory (Greek for “teleos”; end or result) • Measures rightness/wrongness of actions in terms of consequences • E.G.: Is it wrong to show violence on TV during the time when children are watching because it will persuade children to hurt other people? • E.G.: Is it wrong for journalists to accept gifts from their sources because it hurts journalists’ credibility?

16. Broadcasting, Cable, the Internet and BeyondChapter 11 Ethical Theories Deontological Theory (Greek for “deon”; duty): • Not concerned with consequences • Deals with those duties that are morally required of all • Source of these duties: reason, society, supernatural, the human conscience • E. G.: A journalist may not assume another identity when covering a story because it constitutes lying, an action forbidden by one of the Ten Commandments • Does not matter if the consequences of lying are beneficial

17. Broadcasting, Cable, the Internet and BeyondChapter 11 Utilitarianism • Most popular teleological theory • A person should act such that it produces the greatest possible ratio of good over evil • One makes the decision that yields the most good and/or the least harm for the fewest number • E.G.: Restaurant that sponsors station is violating health code. Does one run or kill the story? Tally the negative and positive consequences and make the decision

18. Broadcasting, Cable, the Internet and BeyondChapter 11 Egoism • Teleological principle • Premise: Act in a way that is best for you • Do not sacrifice ‘self’ to others • Blueprint: Ayn Rand’s novel, ‘The Fountainhead’ • Requires thoughtful analysis of each choice to find what is best for an individual: does not preclude kindness to others or concern for others welfare • Subject of much criticism: paradoxical and inconsistent

19. Broadcasting, Cable, the Internet and BeyondChapter 11 Categorical Imperative • Deontological in nature • Developed by Immanuel Kant • Premise: Duty governs decisions – not consequences • One’s duty is recognized via ‘Categorical Imperative’ • Act only on principles you’d want to be universal law • What’s right for one is right for all • E.G.: Should you run the restaurant health violation story?

20. Broadcasting, Cable, the Internet and BeyondChapter 11 The Golden Mean • Deontological in nature • Developed by writings of Aristotle • Ethics theory grounded in natural law • Moderation, temperance & equilibrium and harmony • Search for the extremes – Find the ‘golden mean’ within • E.G.: Health-violating restaurant is taken to task, but the story notes that it is only the first such violation.

21. Broadcasting, Cable, the Internet and BeyondChapter 11 Cultural Ethics • Grounded in society – not nature • An individual is shaped by culture – not nature • An individual adjusts, to a society of no universals • Problems solved contextually, with regard to ‘norms’

22. Broadcasting, Cable, the Internet and BeyondChapter 11 Situational Ethics • Cultural Ethics argues that societal norms are inadequate due to uniqueness of all situations and problems • Decisions are founded upon unique details of situation • E.G.: Health-violating restaurant: Was the Board of Health acting upon a vendetta against this restaurant or was the restaurant really in violation? Whole situation must be studied.

23. Broadcasting, Cable, the Internet and BeyondChapter 11 “Doing Ethics” • Broadcasters must have some predefined standard in place in order to be able to respond quickly-and ethically-in situations • Personal ethics assures broadcaster of some consistency in decisions • Techniques of moral reasoning needed to rationally explain decisions • Companies ranking high in ethics generally ranked high in grow and earnings per share

24. Broadcasting, Cable, the Internet and BeyondChapter 11 “Doing Ethics” (continued) Some suggestions • Tell the Truth • Behave Justly • Act Humanely • Behave responsibly

25. Broadcasting, Cable, the Internet and BeyondChapter 11 “Doing Ethics” (continued) Blueprint for solving a problem in an ethical manner Stage One • Determine the situation • Compile all the facts • Learn all the circumstances Stage Two • Examine and clarify all possible alternatives • Be aware of your own loyalties • Determine what ethical theories/principles you will follow Stage Three • Decide and act accordingly

26. Broadcasting, Cable, the Internet and BeyondChapter 11 Ethics in The Real World • Do professionals have time to reflect on their decisions? • Many broadcasters enter the field without a personal code of ethics • Many current media execs lack training in ethical standards • Presently, codes of conduct are written in broad, general terms with little relevance to the individual

27. Broadcasting, Cable, the Internet and BeyondChapter 11 Ethics in The Real World • Companies rarely conduct ethics training • Number 1 ethical problem: balancing profits against public service • Theoretical knowledge of ethics helpful but must be weighed by an awareness of the nature of the day-to-day pressures in TV & radio