All Staff that work on a show that airs on 94.1 FM must familiarize themselves with the orientation documentation. Please take a look at the following Orientation Video and Q&A. In these videos we will cover the following:
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Obscenity, Indecency, Patently Offensive Language
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Equal Time and the Fairness Doctrine
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Payola and Plugola
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Defamation of Character
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Copyright Issues and Fair Use
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Code of Conduct
Obscenity, Indecency, Patently Offensive Language
- U.S. Supreme Court upheld the FCC’s power to prohibit obscene and indecent language in FCC v. Pacifica Foundation (also known as the Carlin case)
- “Indecent” language includes the seven dirty words ? (shit, fuck, motherfucker, piss, cocksucker, tits, cunt).
- The FCC defines indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.”
- KPFA’s policy prohibits the use of obscene, indecent, or patently offensive language at any time, day or night.
Equal Time
- Under FCC rules, equal time requires that if a station gives air time to a candidate running for political office, it must do the same for the opposing candidate who requests it.
- Equal time rules do not apply to “news events” (such as televised debates or political talk shows), documentaries, or news departments.
- KPFA’s policy requires equal time/equal opportunity be given to all candidates, with no exceptions for debates or political talk shows.
Payola and Plugola
- “Payola” is a bribe paid by a record company to broadcasters, radio stations, or DJs. In exchange for money or something of value, the record company’s songs get airplay.
- Under FCC rules, payola is illegal if it is not publicly disclosed.
- “Plugola” involves a radio personality or DJ endorsing a product or service for personal gain. This could involve accepting bribes in the form of money, goods, products or services.
- Under FCC rules, plugola is illegal and is prohibited.
Defamation of Character
- Defamation is also known as libel, slander, or misrepresentation.
- Defamation is a false statement about a person that harms his reputation that’s broadcast or communicated to one or more persons.
- The U.S. Supreme Court carved out an exception for the news media in New York Times v. Sullivan. The press cannot be held liable for defamation, if 1.) the false statement was made about a public figure and 2.) the statement was not made deliberately or in reckless disregard of the truth.
Copyright and Fair Use
- Copyright provides protection for original works of authorship—that includes literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
- Copyright Infringement is use of works protected by copyright law without permission of the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
- Fair Use allows you to use copyrighted material without getting permission from the copyright holder.
- Fair Use is not determined solely by how much copyrighted material is being used.
- There are no bright-line tests for determining whether copyrighted material being used is or is not fair use. Unless the work falls in a recognized category, assume it is NOT fair use.
Once you finish watching the videos, please take the mandatory Orientation Quiz.
If there are any circumstances which prohibit you from completing this quiz by the deadline, please contact Antonio Ortiz at [email protected].
