Showing archive for: “Law Politics & the Media”
The FCC’s Public Interest in Your Personnel Files
The Federal Communications Commission (FCC) licenses television stations. Does that make it Disney’s human resources department? The agency seems to think so, invoking a “public interest” mandate to investigate the company’s diversity policies—a mandate whose meaning seems to change with whoever holds power. Under the Communications Act of 1934, as amended, the FCC has initiated ... The FCC’s Public Interest in Your Personnel Files
Fin-Syn Is a Rerun Washington Should Skip
Some of Hollywood’s most high-powered producers and agents have a pitch for Washington. Make streaming services spend half their original-content budgets buying from independent U.S. producers. Producers and talent agencies would get guaranteed business. Viewers, on the other hand, would get no guarantees. The inspiration comes from the Financial Interest and Syndication Rules, better known ... Fin-Syn Is a Rerun Washington Should Skip
No Country for Young Posters: Social Media Bans Outrun the Evidence
Governments around the world are rushing to address the youth mental health crisis, with social media squarely in their sights. From Capitol Hill to Paris to Sydney, lawmakers are proposing or enacting strict age restrictions that would ban teenagers from creating social media profiles. But are these heavy-handed mandates the right approach? A recent white ... No Country for Young Posters: Social Media Bans Outrun the Evidence
The Right-Answer Machine: Who Decides What Chatbots Should Say?
The trouble with chatbots is right there in the name: They talk. When that talk contributes to harm, policymakers face a deceptively difficult question. Should they seek rules that amount to policing dangerous conduct, or deciding what the chatbot should have said instead? The question matters because chatbots have quickly become one of the most ... The Right-Answer Machine: Who Decides What Chatbots Should Say?
Copy, Paste, Compensate: Nigeria’s Misguided Bid to Make Big Tech Pay for News
Nigeria has looked south and seen a $40 million payday for the press. The trouble is that it misread both the price tag and the fine print—and its attempt to collect may leave Nigerian publishers with fewer readers and no comparable payday. On July 6, Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) announced investigations ... Copy, Paste, Compensate: Nigeria’s Misguided Bid to Make Big Tech Pay for News
Much Ado About No News: Australia’s Latest Plan to Make Platforms Pay
Australia’s latest plan to make digital platforms pay for journalism has an unusual feature. A platform can owe money even if it carries no journalism at all. The government calls this an “incentive.” On Aug. 3, the Australian government finalized legislation establishing the News Bargaining Incentive (NBI). The government first proposed the NBI in December ... Much Ado About No News: Australia’s Latest Plan to Make Platforms Pay
Pulling the 39% Thread: Why the FCC Must Fix More Than the Broadcast Cap
The Federal Communications Commission’s (FCC) 39% broadcast-ownership cap is a rule for a three-network world trying to govern a streaming one. Retiring it makes sense. Retiring it by itself does not. For four decades, the FCC has barred any company from owning television stations that collectively reach more than 39% of U.S. television households. The ... Pulling the 39% Thread: Why the FCC Must Fix More Than the Broadcast Cap
Government by Raised Eyebrow: The JAWBONE Act and the Problem of Censorship by Proxy
The easiest way for the government to censor speech is not always to ban it. Sometimes, it is to find someone else with a hand on the switch. That is the problem at the center of the current debate over free speech in the digital age. For years, the public argument focused on whether private ... Government by Raised Eyebrow: The JAWBONE Act and the Problem of Censorship by Proxy
Brazil’s Google News Case and the Art of Not Letting Go
Some legal cases age like wine. Others age like browser tabs left open too long. Brazil’s Google News inquiry belongs firmly in the latter category. On April 3, Brazil’s Administrative Council for Economic Defense (CADE) announced that its Tribunal had unanimously decided to send a seven-year-old administrative inquiry concerning Google’s use of journalistic content—whether for ... Brazil’s Google News Case and the Art of Not Letting Go
The Future of News and Its Frenemies
The local news business has spent the past two decades being “saved” by people who mostly seem to want it embalmed. Every new shift in how Americans consume information—websites, social feeds, newsletters, podcasts, short-form video, artificial-intelligence summaries—gets treated less like evidence of adaptation than proof that civilization will soon forget how school-board meetings work. That ... The Future of News and Its Frenemies
The FCC Wants Final Cut
The government does not need to burn books when it can threaten licenses. Why bother with an inquisitor’s bonfire when a regulator’s raised eyebrow can do the trick? That is the modern First Amendment problem. Censorship no longer arrives only as an outright ban. More often, it comes dressed as “oversight,” “public interest,” or “compliance”—all ... The FCC Wants Final Cut
The Paramount Question Isn’t Paramount
Big mergers make headlines. They don’t always make antitrust problems. In a previous commentary, I explored the antitrust implications of a potential acquisition of Warner Bros. Discovery (WBD). That uncertainty is now resolved. On Feb. 27, Paramount Skydance Corp. agreed to acquire WBD for roughly $110 billion in enterprise value—$31 per share, all cash. The ... The Paramount Question Isn’t Paramount
