This week, our reading and viewing material for MCO 425 covered some of the many legal issues that affect the media. As a user and creator of media, I found this helpful. While I am familiar with topics like defamation and net neutrality, some of what was covered is new to me.
For example, learning that John Deere used (or abused, depending on how you look at it) copyright law to prevent farmers from fixing their own tractors blew my mind. Up until a few days ago, my concerns about the ever-growing Internet of Things centered around privacy. The copyright angle has given me something new to think about.
Overall, my takeaway from the readings and videos is that the law affects the media in both positive and negative ways. Many of its negative impacts are troubling, if not outright scary, but I think it’s important to acknowledge the good stuff too. The First Amendment is certainly a big deal here in the US. A free press is an integral part of our democracy. Our copyright laws are more of a mixed bag, but fair use is an example of a protection that encourages further creativity and commentary. Journalism wouldn’t be the same without it.
Now, let’s move on to my concerns.
Censorship is an issue I find particularly troubling. While I don’t currently worry much about being censored myself, I am worried for others. Governments around the world are jailing journalists, restricting Internet access, and banning social media use.
Just this week, major digital players like Google, Facebook, and Twitter threatened to pull out of Pakistan in response to new censorship laws. Rather than lose access, Pakistani officials have agreed to conduct a review and meet with citizens and representatives from the tech companies to discuss the law. I’m glad Big Tech decided to throw its weight around to fight government censorship. This should happen more often.
Defamation is another issue I am concerned about. It’s not that I think our defamation laws are bad. In fact, I quite like that it’s so difficult for public figures to win a libel suit in the US. The actual malice standard is a good thing. What I worry about is that the laws will be loosened, making it easier for the powerful to go after criticism or unflattering portrayals.
President Trump has been loudly complaining about the need to “open up” libel laws for years. Supreme Court Justice Clarence Thomas has said that the New York Times v. Sullivan ruling should be revisited. I hope their take on this issue does not become the predominant one.
Will this week’s readings lead me to change how I use media? Probably not. However, the readings have inspired me to become more of an advocate. It’s easy to take for granted the freedoms we do have as media users and creators. If we let our guards down too much, we might lose them.
Calling my representatives in support of free speech, net neutrality, and smart copyright reform is the least I can do. Given that it’s an election year, I will also make sure to vote for candidates who will do right by their constituents on these issues. Talking about this stuff with my friends and family to explain why it’s important is another way I can make a difference.
