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…