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JOMC 486 Mass Media Law - Final Exam with 100- correct answers
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JOMC 486 Mass Media Law - Final Exam with 100- correct answers
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JOMC 486 | Mass Media Law -Final Exam with 100%
correct answers
FTC policy on deceptive advertising: - answer 1. There must be a
representation, omission, or practice that is likely to mislead the
consumer
2. The act or practice must be considered from the perspective of a
reasonable person
3. The deception must be material
McNeil v. Pfizer - answer A company launched an advertising campaign
for Listerine Mouthwash, in which it was implied that listerine is as
effective at fighting plaque and gingivitis as floss. A competing floss
company sued for false advertising in violation of the Lanham act, and
unfair competition in violation of state law. Judge recognized floss
company's claim of literal falsity and on its implied falsity claim. In the
end, Listerine ads could still use their studies to support the claim that
their product fights plaque and gingivitis, as long as it does not invoke a
comparison to floss (name the case)
4 areas of concern in deceptive advertising - answer 1. the use of mock-
ups (fake versions of the product) in advertisements
2. substantiation of advertising claims
3. price claims and bait advertising
4. use of endorsements
FTC on substantiation - answer Advertisers must have a reasonable-basis
for the claims before including them in advertisements
First amendment protection for advertising: - answer Used to be
assumed ads didn't have 1st amendment protection, until the central
hudson test
, Central Hudson Test for first amendment in ads - answer 1. Is the
commercial speech for a lawful activity and not misleading?
2. Does the government assert a substantial interest to justify the
regulation?
3. Does the regulation directly advance the government's substantial
interest?
4. Is the regulation no more extensive than necessary to serve the
government's interest?
Indecency - answer Language or material that, in context, depicts or
describes, in terms patently offensive (that's it) as measured by
contemporary community standards for the broadcast medium, sexual or
excretory activities or organs.
becker v. fcc - answer Plaintiff and the Washington Area Citizens
Coalition Interested in Viewers' Constitutional Rights filed suit against the
defendant involving two sections of the Communications Act of 1934. This
challenged the defendant's interpretation of its powers under the Act in
denying plaintiff access to prime time broadcasting slots for his political
commercials. The Act requires broadcasters to provide candidates for
federal office with "reasonable access" to the broadcast media. The United
States Court of Appeals for the District of Columbia held that the initial
ruling of the defendants violated the "reasonable access." The court of
appeals found the defendants ruling also was violating the "no
censorship" and "equal opportunities" provisions because it permitted
licensees to discriminate against candidates based on the content of the
message of the advertisement.
equal opportunity rule - answer "If any licensee shall permit any person
who is a legally qualified candidate for any public office to use a
broadcasting station, he shall afford equal opportunities to all other such
candidates for that office in the use of such broadcasting station . . . ."
exceptions to the equal opportunity rule - answer Can't interrupt:
Bona fide newscasts.
Bona fide news interviews.
On-the-spot coverage of bona fide news events.
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