The passage of the Telecommunications Act of 1996 inaugurated a new and highly volatile era in telecommunications. The first major overhaul of U.S. communications law since 1934--when no one had a television set, a cordless phone, or a computer--the Act was spurred into being by broad shifts in technology use. Equally important, this book shows, the new law reflects important changes in our notions of the purpose of communications regulation and how it should be deployed. Focusing on the evolution of the concept of the public interest, Aufderheide examines how and why the legislation was developed, provides a thematic analysis of the Act itself, and charts its intended and unintended effects in business and policy. An abridged version of the Act is included, as are the Supreme Court decision that struck down one of its clauses, the Communications Decency Act, and a variety of pertinent speeches and policy arguments. Readers are also guided to a range of organizations and websites that offer legal updates and policy information. Finalist, McGannon Center Award for Social and Ethical Relevance in Communication Policy Research

Regulation of the media has traditionally been premised upon claims of 'the public interest', yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional 'public service' values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions.The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. Media Regulation, Public Interest and the Law argues that regulators will only successfully protect such values if claims associated with 'citizenship' are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated, to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter, and relevant aspects of the reform of general competition law.Key Features*Identifies and examines the rationales underlying media regulation and the current challenges to them.*Considers fully the actual and potential utility of legal mechanisms and principles in the design and activities of regulatory institutions.*Fully updated to take account of the European Union's 2002 New Regulatory Framework and the UK's Communications Act 2003.*Accessible to a wide readership in media studies, journalism, broadcasting and law.Praise for the First Edition"e;A detailed and critical assessment of the problems and confusions of recent media regulation in the UK including digital television franchising and the Broadcasting Complaints Commission... it is well organised, and should be a useful resource for more advanced students and academics...for updating the public regulation case with vigour and clarity this book is to be welcomed."e;THES

Looking through a historical lens, this new casebook examines the evolution of telecommunication law, policy, and technology from the telegraph to the Internet. It examines six key industries: broadcast, cable TV, telephone, satellite, wireless, and the Internet. The book’s novel format begins with introductory chapters analyzing the nature of spectrum and regulation of spectrum-based services and the history and technology that link the regulation of telegraph-to-telephone-to-the-Internet. This casebook analyzes conceptions of the public interest as defined by statute, case law, and FCC and state decision-making. It contrasts the legal and economic standards used by antitrust law as compared to communications law. It examines telecommunication regulation through the lens of five key concepts: functionality, ownership or licensing, access, speech, and the public interest. The casebook offers projects and hypotheticals that support analysis of issues from the perspective of constitutional, administrative and communications law, as well as statutory issues raised by communications and information technology regulation. Professors and students will benefit from: A mix of theoretical and practical readings that build understanding of telecommunications technology, law, and regulation. A format friendly to both in-person and online teaching and study. Offering a combination of text, PowerPoint slides, links to video materials, and commentary that can be shared with students or used by the professor, the casebook includes projects students can generate and share through a live or online class. Historical perspective of federal and state communications policy beginning with the creation of the telegraph system, through the evolution and growth of the telephone system, the growth of broadcasting, cable, and satellite, and the growth of the Internet and Internet of Things. Knowledge and skills to recognize and litigate statutory, constitutional, Administrative Procedures Act, and other legal issues. Legislative and regulatory drafting, analysis, and decision-making skills, consistent with legal standards. Case and regulatory analysis, questions and projects that support writing, experiential, or exam-based courses and the production of student papers and presentations. Student skill-building to file comments in FCC and state communications regulatory decision-making dockets, and to file amicus briefs for legal cases.

Facebook, a platform created by undergraduates in a Harvard dorm room, has transformed the ways millions of people consume news, understand the world, and participate in the political process. Despite taking on many of journalism’s traditional roles, Facebook and other platforms, such as Twitter and Google, have presented themselves as tech companies—and therefore not subject to the same regulations and ethical codes as conventional media organizations. Challenging such superficial distinctions, Philip M. Napoli offers a timely and persuasive case for understanding and governing social media as news media, with a fundamental obligation to serve the public interest. Social Media and the Public Interest explores how and why social media platforms became so central to news consumption and distribution as they met many of the challenges of finding information—and audiences—online. Napoli illustrates the implications of a system in which coders and engineers drive out journalists and editors as the gatekeepers who determine media content. He argues that a social media–driven news ecosystem represents a case of market failure in what he calls the algorithmic marketplace of ideas. To respond, we need to rethink fundamental elements of media governance based on a revitalized concept of the public interest. A compelling examination of the intersection of social media and journalism, Social Media and the Public Interest offers valuable insights for the democratic governance of today’s most influential shapers of news.

Social media has an increasing role in the public and private world. This raises socio-political and legal issues in the corporate and academic spheres.Public Interest and Private Rights in Social Media provides insight into the use, impact and future of social media. The contributors provide guidance on social media and society, particularly the use of social media in the corporate sector and academia, the rising influence of social media in public and political opinion making, and the legal implications of social media. The Editor brings together unusual perspectives on the use of social media, both in developed and developing countries.This title consists of twelve chapters, each covering a salient topic, including: social media in the context of global media; the First Amendment and online calls for action; social media and the rule of law; social networks and the self; social media strategy in the public sector; social media in humanitarian work; social media as a tool in business education; social media and the ‘continuum of transparency’; business and social media; making a difference to customer service with social media; social analytics data and platforms; and altruism as a valuable dimension of the digital age. Provides a guide to the key components of corporate and academic use of social media Offers technological and non-technological, legal, and international perspectives Considers socio-political impact and legal issues

This book argues that regulators will successfully protect the values of privatization only if "citizenship" is recognized as the rationale and objective for the regulatory endeavor. Mike Feintuck fully considers the actual and potential utility of legal mechanisms in the design and implementation of regulatory institutions.