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Media Law 2

Test # 2

What is a summary judgment? Defendant cites an appropriate defense and the judge throws out the case before it is ever heard.
What is a statute of limitations? The specified period of time when someone can be prosecuted for a crime.
What are defenses to libel suits? Truth Privilege Protected opinion Rhetorical hyperbole Implied consent Right of reply
What is the difference between absolute and qualified privilege? Absolute privilege protects people in certain positions from libel. Qualified privilege allows media to report accurately what was said.
According to the Supreme Court, what constitutes a statement of pure opinion? It cannot be proven as factual or not factual
What is the difference between actual and punitive damages? Actual damages are based on proof of actual harm to the plaintiff. Punitive damages are not to compenstae for harm, but to punish the defendant for his or her illegal conduct
What are 4 invasion of privacy torts? Appropriation for commerical purposes Intrusion upon seclusion Publication of private facts Portrayal in false light
Appropriation: Protects against? Individual's rights not to have their name or likeness used to sell a product without their permission.
Appropriation: Criteria to apply? It's okay if first used as an informational piece.
Intrusion upon seclusion: Protects against? Protects against an individual being intruded upon into a secluded place or into his or hers private affairs.
Intrusion upon seclusion: Criteria to apply? Must be highly offensive to a reasonable person -AND- They must have a reasonable expectation of privacy
Publication of private facts: Protects against? Publicizing truthful information concerning their private life
Publication of private facts: Criteria to apply? Must be highly offensive to a reasonable person -AND- Not of legitimate public concern
Portrayal in false light: Protects against? Publishing information about a person that represents them on a false light
Portrayal in false light: Criteria to apply? Information must be offensive to a reasonable person -AND- publisher of material must be at fault
Difference between appropriation and right of publicity? Appropriation protects private citizens. Right of publicity protects celebrities' and models' financial interests.
Does appropriation apply to news and information? No. Media have the right to publish and/or braodcast a person's name and likeness if it is for news and information purposes.
What is the Booth Rule? As long as a picture was first used for an information piece it is okay to use it to promote a publication.
Which invasion of privacy tort does not require publication? Intrusion upon seclusion
Are there privacy rights in a public place? no
Which privacy tort is not recognized in Texas? Secret recording
Can you use a hidden camera in someone's home or place of business? Depends on the jurisdiction.
What is the "standing in" doctrine? Taking pictures in public places is okay because you are standing in for anyone else who may have been there.
What are the defenses in privacy suits? Newsworthiness, Consent, Plain View, Public recording or proceeding
When is consent inapplicable in a defense? It has to have been recent consent, some people (children, mentally disabled people) may not be able to give consent, Image cannot be altered
What is the exception to the general rule that no privacy rights exist after death? Right of publicity extends to heirs
What is the legal doctrine called the “assumption of risk analysis” mean? an individual loses privacy interest in personal information that is made accessible to others (public records)
What does the Electronic Communications Privacy Act do? Prevents providers of electronic communications services from divulging their users' communications
What does Children’s Online Privacy Protection Act do? Website operators must post privacy policies and get consent from a parent or guardian before collecting personal information from children under 13.
What is the difference between a “one party” state and an “all party” state for purposes of secret recording? One party states only require consent of the person doing the recording. All party states require consent of everyone involved.
Can you secretly tape another person with whom you are speaking in Texas? Yes
What does the Federal Freedom of Information Act do? Opens government records for public review
To which branch(es) of government does Federal Freedom of Information Act apply? 90 agencies including every federal department, military branch, independent regulatory agency, government-controlled corporation and the Executive Office of the President
How do you make an FOIA request? What information must you provide? Are you required to provide the purpose of your request? It must be requested in writing. Most agencies have instructions online. No, you do not have to provide the purpose.
How long does the agency have to respond to a FOIA request? 20 days
Do the media pay a search fee? No
What law gives you access to meetings in the executive branch of federal government? Federal Open Meetings Law
Under the Federal Open Meetings law, how must public bodies conduct business? In public
Does Texas have a law to protect access to public records? What’s it called? Yes. Texas Public Information Act.
How long do state agencies have to provide you with the material requested? 10 days
What does the Federal Privacy Act of 1974 do? (name three things) Lets individuals see and correct records kept on them by the federal government, Prohibits agencies from heeping records of 1st amendment activities, prevents federal agencies from releasing closed information to third parties without written consent.
What is fraud? Intentionally lying to get what you want (to sell a product, obtain information, etc.)
Do journalists have a right of access to public officials for interview purposes? No
What is the difference between a journalist’s right of access to public records and an ordinary person’s right of access to public records? There is no difference. Journalists only enjoy priveliges all citizens have.
What does the Family Education Rights and Privacy Act protect? Student's school records. It gives parents the right to access such records, and prevents schools from distributing information without parental consent.
Created by: cdarnold2