Jeff Jarvis reports two fairly depressing news items today about major cultural forces supporting increased regulation of free speech (The Daily Stern: 24 May 2004).
Multichannel News has truly disturbing information about Disney - they are supporting the application of indecency regulation to cable (Disney’s In Indecency Mix). Along with Jeff (and FCC Chairman Michael Powell before the pod people got him), I agree that it is a constitutional travesty that broadcast has fewer First Amendment protections than other media. Still, the loophole that allows regulation of broadcast wouldn't seem to apply to cable and satellite, but who knows?
As a copyfighter I sometimes joke about how Disney is evil. This time it isn't a joke. The Disney corporation is acting evilly in supporting further government regulation of media indecency.
The other cultural force supporting media regulation is the Pope, according to this report in the Scotsman (Pope Calls for Regulation of Media):
“It’s a task that likewise involves public institutions, called upon to enact regulatory procedures aimed at ensuring that the means of social communication are always respectful of the truth and of the common good,” the pontiff said.
Government enforcement of the voluntary television ratings would raise even more First Amendment issues than the indecency regulations do.
Posted by Ernest Miller on May 24, 2004 11:42 PM | Permalink to CommentNobody forces a TV station to plant a TV-G rating on a show. But if it does, how is holding it to its claim different from holding other commercial enterprises to their own claims?
Posted by cypherpunk on May 25, 2004 04:03 AM | Permalink to CommentTelevision didn't have ratings for decades. They implemented the "voluntary" ratings under threat of regulation by Congress.
In any case, suing because you believe the ratings were inappropriate would also be problematic. True, you might win a case where harcore porn was rated as suitable for all children, but other cases would be much more difficult. Courts will not easily hold content producers liable for such violations. Most likely the ratings organization would sanction the poor rater or remove permission for them to use the rating scheme, which is a service mark.
Posted by Ernest Miller on May 25, 2004 08:37 PM | Permalink to Comment
The article makes it appear that Disney's position is merely a tactical ploy to fight off the unbundling legislation, which would hurt its position as one of the major cable conglomerates. Apparently they hope to muddy the waters suffiicently to prevent any of the reforms from passing.
But as far as cable legislation, what about the V chip? Isn't that already present in a substantial majority of homes? I've been seeing commercials in the past few months encouraging people to use the chip.
What would you think of legislation fining stations for going outside their V chip boundaries? I.e. if they label a show as safe for children, and then a wardrobe malfunction occurs, they could be held liable?
Posted by cypherpunk on May 24, 2004 11:10 PM | Permalink to Comment