Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Chapter Overview
Chapter 9: Regulating Electronic Media
Nearly all the material in this textbook is applicable to the electronic media, from broadcasting to
the internet. Case examples in the libel, privacy, newsgathering, and other chapters involve the
electronic media as well as print. But the electronic media are treated specially in the law and
thus require a separate chapter to discuss certain aspects of radio, television, cable, satellite, and
internet regulation. This is still true in the 21st-century digital age. For example, the political
broadcasting rules in Sections 315 and 312(a)(7) of the Communications Act of 1934 apply only
to broadcasting and cable television, not to print media. The same is true of children’s
programming regulations (although limits on commercial time in and around children’s
programming also apply to multichannel video program distributors).
According to the FCC, the major MVPDs today offer hundreds of linear television channels and
thousands of non-linear video-on-demand and pay-per-view programs. In addition to delivering
video programming to television sets, MVPDs deliver video programming to computer screens,
tablets and mobile devices. The FCC notes that MVPDs also offer internet and phone services as
core elements of their business models.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
OVDs are entities that provide video programming using the internet or internet protocol-based
transmission paths provided by an outside entity. Currently, the FCC groups video content
distribution into three categories: broadcast television stations, MVPDs and OVDs. The FCC is
seeking comment on whether to expand its MVPD definition to include OVDs, but for now,
OVDs are treated as a separate category.
A federal law and FCC rules require broadcast television stations to show at least three hours per
week of programming that meets children’s intellectual/cognitive and social/emotional needs.
FCC rules prohibit broadcasting hoaxes. The FCC rescinded the Fairness Doctrine, requiring
stations to cover all major views of important public issues.
What about the internet? The FCC has considered its role in internet regulation since 2005.
Although initially the FCC took a “hands off the Internet” approach, more recently it claimed
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
ancillary jurisdiction over broadband and this has been both upheld and rejected by courts. One
“hot topic” in this area that students often want to discuss is net neutrality. Net neutrality is the
principle that holds that ISPs cannot charge content providers to speed up the delivery of their
goods – all Internet traffic is treated equally. In 2015, the FCC issued new net neutrality rules
that change the classification of ISPs from an information service to a telecommunication
service. This opened the door for the FCC to regulate broadband carriers like they regulate
common carriers. The implications of this change are discussed in the MVPD, OVD and internet
regulation sections of the chapter.
Outline
I. Development of Broadcast Regulation
a. Radio Regulation
b. Federal Communications Commission
c. Reasons to Regulate Broadcasting
d. The Public Interest Standard
i. Fairness Doctrine
II. Broadcast Program Regulation
a. Political Broadcasting
i. Legally Qualified Candidate
ii. The Use Rule
iii. Exceptions to the Use Rule
iv. Invoking Section 315
v. Reasonable Time for Federal Candidates
vi. Candidates’ Supporters
vii. 527 Groups
b. Children’s Programming
c. Hoaxes
d. Public Broadcasting
III. Development of Cable and Satellite Regulation
IV. Multichannel Video Program Distributor Program Regulation
a. Must-Carry and Retransmission Consent
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
b. Public Access Channels
V. Development of Internet Regulation
a. Online Video Distributor Regulation
b. Net Neutrality
c. The Internet’s First Amendment Status