Shared Flashcard Set


BCA 510 Section 2 Part 2
Undergraduate 3

Additional Law Flashcards




Contests v. Lotteries
• Contests are legal lotteries are not
• Contests are allowed on public airwaves
3 requirements of a Lottery
1. Prize: anything of value offered to a contestant- money, trip, meeting the host
2. Chance: the chance of winning or the prize is determined by chance
3. Consideration: any item of value or even a substantial expenditure of time or effort is required to enter the contest
4. If any of these three is not met then it is not a lottery
FCC requirements of a contest
1. Publicize the basic elements of the contest

2. Conduct the contest exactly as advertised
• Winners of $600+ must report winnings the IRS- broadcaster is required to report the person on form to the IRS
• Non-Profit organizations can run raffles, bingo games, or millionaire parties/casino if licensed
• Attorney Generals office provides licenses- in Michigan you can apply to state attorney and ask for permission- fill out a form
Basic elements of a contest
1. How do you enter or participate
2. Whats the entry time or deadline
3. Are there any eligibility restrictions (18 and over,Female)
4. What prize or prizes are being offered
5. When and how are the prizes won
6. if a tie is possible what are the tie breaker rules
Contest record-keeping- they keep extensive records
• Separate file for every contest
• Rules
o Copy of On-air rules announcements
o Have copy of the rules
o Receipt/release for winner- announce winner or record phone call and play it back on air/ have winner sign release first so you can legally use their voice/image
o Ads/flyers used in promotion- any ads you did off air have to go into the folder
o Complaints and responses- if anyone complained the copy of the compliant goes in the folder along with your response of one is given
Non-Commercial Donor
Broadcast of any person, product or announcements
“Call to action”
• #1 to get in trouble is to use a call to action
• Any instruction to a listener to do something related to a commercial entity or endevor
• Instruct
• Ask, urge, suggest
Promotion vs. Identification
With a donor spot you can only say “here is the info”
• Qualitative terms- chilli dog vs. great chilli dog (best, fine, great)
• Price or discount information- cant mention price
• Inducements- special offers (free cinastix with mention of station)
• Instructive language
Non-commercial donors may include:
• Logo or slogan-if they have one it may be used as long as it doesn’t violate the rules
• Address, phone number, website- cant tell them what to do with the info, you can only provide it
• Value- neutral products/service desctiption- you can talk about what a business does and what they provide
• Brand names, trade names, or product or service listing- “B’s music is the licensed retailer of fender and Gibson
Sponsorship identification includes:
• Announcement of sponsorship- “ this program is sponsored by”
• Identification of the sponsor- “B’s Music”
• Record keeping (in some cases)- has to go into public file- FCC is worried about political and controversial programming
• Disclosure of the true identity of the sponsor- cant say “your friends in the local music community”
Sponsorship Identification Rules exceptions:
• When good or services are used for program production
• Applicable to all programming on both radio and tv
• Exception: theatrical release film
bribery of an influential person in exchange for the promotion of a product or service, such as that of disc jockeys for the promotion of records
bribery of an influential person in exchange for the on-air mention and endorsement of a product or service
the same as either payola or plugola, but instead of money the individuals were paid for their cooperation with illegal drugs
Invasion of privacy
• There is no federal law on invasion of privacy- differs state to state
• “The right to be left alone”
• “The right of a person of to control information about themselves”-
o Private individual
o Voluntary Public Individual- Politician
o Involuntary Public Individual- Casey Anthony
• Privacy rights are not guaranteed by the constitution
• As such, IoP cases are handled primarily on the state level
Privacy law identifies four distinct legal wrongs
1) Appropriation
2) Intrusion
3) Publication of Private Information
4) Publication of False information
taking a persons name, picture, photograph or likeness and using it without their permission for commercial use
a. Name- includes stage name and pen name
b. Likeness- anything that brings the person to mind- silhouette of Rocky for a bar called “Boxing Champ Bar”
c. Advertising or Trade Purposes- person has the right to control their privacy
d. Consent
i. Once acquired you can do whatever you want
ii. Consent can be withdrawn but its harder to withdraw once money has changed hands
iii. Have to make sure person is old enough and mentally capable to give consent otherwise consent must be attained through the parent or guardian
iv. Cant break the terms of the agreement
a. Intrusion itself is a legal wrong
b. Public spaces cannot be intruded upon
i. You may watch, follow, photograph, or attempt to communicate with someone in a public street or in a public building
c. “The publics right to know” is not a defense- does not excuse committing the crime of intrusion
d. Media may enter private property but must leave when asked- if there is a “no trespassing” sign you may not enter
Publication of Private Information- Two tests:
i. The material is published (made public) to many people
ii. The material is not something people don’t generally know (cant already be public record)
Publication of Private Information- 4 elements of news worthiness
i. look at the story- is it true
ii. who is the story about
iii. how private was the info
iv. how embarrassing is the info once made public
Publication of Private Information- Barber v. Time (1942)
1. Woman was a compulsive overeater
2. Reporter interviewed her while photos were taken without her consent
3. The story was sent to time magazine and published
4. The woman sued
5. Court ruled in favor of the woman stating that “a persons medical treatment lies at the core of the right to privacy”
Publication of Private Information- Daily Times Democrat v. Flora Bell Graham (1964)
1. Graham takes kids to county fair, as she carries her kids out of the fun house her dress gets blown up and photographer takes a picture for the paper of her underwear
2. Courts sided with Graham stating “we consider the publication of the photo would be embarrassing to a reasonable person”
Publication of Private Information- Ruth Shulman v. Group W. Production (1998)
1. A reality show sent a camera crew with a lifeflight helicopter- deals with really bad accidents
2. They got called to an accident and showed people who were in shock and confused just after an accident
3. The court ruled with Shulman because it was a medical treatment which is highly private
Publication of False Information- Fictionalization
i. You are working on a story and one piece of info is missing
ii. You go with your best guess
iii. Fiction based off actual events
Publication of False Information- False Light
i. Info is published that is either false or causes someone to come to a false conclusion
ii. A picture of the mayor with a drink in his hand will cause people to believe he is an alcoholic
3 Conclusions for Broadcasters
1. Only people have a right to privacy- characters and businesses are not people
2. Privacy law does allow a person to seek an injunction to stop an invasion
3. A dead person cannot be libeled, but some states allow their heirs to prosecute someone for invasion of privacy
Recording/Broadcasting Telephone Conversations
1. Call is preceded by written or verbal consent by all parties
2. Call is preceded by verbal notification that is recorded at the beginning and as part of the call by the recording party
3. Call is accompanied by an automatic tone warning device (beep tone) that automatically produces a distinct signal repeated at regular intervals
4. Recording device can only be used if it can be physically connected and disconnected from the phone line or can be switched on and off
Rules for Broadcasters
• You may not record a call in which you are not a participant
• Federal law requires prior consent of one party before recording a call
• Majority of States (38) enforce the Federal law as-written
• 12 states (including Michigan) requires consent of all parties before recording a call
FCC will enforce rules when calls are made public
• Broadcasters are required to get permission before broadcasting a call live or recording it for later broadcast
• Rule of Implied Consent- not hanging up
• Rule of Delayed Consent- getting consent to use the call or recording after it was already happened
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