Digital Media Law

Before we jump into the law of digital media, it is helpful to define what “digital media” means and in what ways it is similar to, and distinct from “traditional media.” This chapter considers how advances in technology have led to changes to the way content is created, distributed, and consumed, and examines in what ways the law of traditional media is the same for digital media and where digital distribution has given rise to new legal doctrines.

With the basic parameters of the media environment established, we can move toward understanding how the law fits in. But before we get into media law issues specifically, it will be helpful to understand the basic structure of the U.S. legal system so we can better understand how Congress and the courts have helped shape media law over time.

What obligations do media organizations have to report fairly and accurately about the subjects of their stories? What are the consequences if they don’t meet those obligations? How can media organizations balance the risk of exposure with the need to produce and distribute content quickly?

Defamation law addresses the extent to which media organizations must report truthfully, but what are the limits of a media enterprise’s ability to report true facts about individuals or use an individual’s name or likeness without their permission?

Reporting on and obtaining information from the government can raise unique concerns. On the one hand, the government, as an instrumentality of the people, funded by and working for the citizens, must be open and transparent, and it is the media’s role to keep a watchful eye on the government and keep the public informed. On the other hand, the government must be afforded a degree of discretion in conducting its affairs.

In what ways are advertisements different than other types of content that a media enterprise might produce and distribute? Which regulatory agencies oversee advertising issues and what laws and regulations must media enterprises be mindful of when determining which ads to accept (and vetting the content of those ads)?

As compared with the broadcast industry, the internet is virtually unregulated. There are even several laws that grant internet broadcasters immunities that are simply not applicable to traditional media. As internet platforms become more pervasive and, in some cases, effectively serve as a replacement for traditional media enterprises, what changes may need to be made to the regulatory environment? What are the policy arguments for and against making changes?

Intellectual property is a type of legal protection given to certain intangible assets – books, movies, television shows, photographs, brands, logos, inventions, and more. Broadly speaking, media enterprises are in the business of intellectual property: most fundamentally, they create it, but often in the course of doing that, they use intellectual property from third parties. This chapter considers the role of intellectual property in the modern media enterprise by providing some “rules of the road” for using intellectual property, and considerations for how to protect their own.