Study On The Legal Regulation Of Mass Communication In The United States

The evolution of the US laws governing mass communication began with modern media's accelerated development in the US. In accordance with the emergence and integration of printing, electronic and Internet media, a package of laws and regulations, grounded on the First Amendment of the Constitution, have gradually been enacted to regulate mass media in terms of their activities, contents, channels, industrial development, effects, etc. Among others, the most significant changes are manifested in the following four areas:the accelerated development of the media industry from print media to electronic media, an extension of speech freedom to dissemination right of media, the expansion and extension of speech freedom to expression freedom, and due to the great influence of mass media expression freedom turning from the fundamental rights of citizens and media into an integral part of modern constitutional democracy.Regarding confrontations between mass media's expression freedom and government regulation, namely, the balance between expression freedom and regulatory constraint, the US Supreme Court, in its long-term judicial practice, has proposed the standards of "the clear and present danger", "definitional balance", and "the balancing doctrine".Its essence is to try to find, in realistic terms, a balance in legality, public interest, and communicating effects. Due to the emergence of Internet communication and new transmission technology, technological means have been applied prudently but substantially in the protection and regulation of expression freedom. The regulation of children's television programs and information filter management are a case in point.The First Amendment of the US Constitution guarantees the freedom of press and speech as well as the expression freedom of mass media, including electronic media. This is the logical extension of traditional freedom of speech and press and the technical extension of mass media's rights. However, different forms of mass media, due to their different resource properties and communication characteristics, have different ways of expression freedom. Therefore, specific laws and regulations are formed for different mass media.Due to the resource and transmission characteristics of radio and television and other electronic media, the United States has established a whole set of legal regulation system and operational and regulatory agencies to regulate electronic media. In order to protect freedom of expression, serve the public interest, and prevent monopoly on radio and television ownership, a series of media regulations have been enacted by the Federal Communications Commission, approved by the Congress, and reviewed by the media and the courts. As a result, it not only promotes the formation of the super commercial mass media group, but also ensures smooth operation of public and local television services. This has deep implications for legislation and administration governing radio and television media in China.Commercial speech was excluded from constitutional protection, and was fully administered by the government. This practice had its historical origins in the common law and different understandings of the First Amendment. However, the development of mass media and the blurring boundaries between commerce and public interest render commercial speech some characteristics of the public interest or promotion of the public welfare. Thus, commercial speech has begun to be protected by the Constitution. However, the government still restricts commercial speech because of the possible conflicts between government and commercial interests. The four-step analysis provides an effective mode in regards to whether or not, and, if so, how to protect and restrict commercial speech. The main reason behind this is to constrain government's restrictions on commercial speech. In this regard, the United States ensures wide dissemination of commercial speech in the balance of protection and restraint.Mass communication and intellectual property are closely related, and the media presentation of products per se is the information source and expression mode of mass media. Various media forms and transmission modes have enriched the contents of intellectual property rights, and have given rise to intellectual property rights of the media. Network communication has posed new challenges to traditional copyright law. The controversy and discussion concerning copyright protection of current events coverage and television program formats, the network service provider's responsibility for the dissemination of inappropriate content, and the rational use principle in the era of network communication all have helped to construct a more perfect legal system and protection mechanism for intellectual property right. Network communication, as a new form and a new stage of mass communication, has integrated the previous forms of communication, and posed a full range of challenges to the existing legal regulation of mass communication. Expression freedom, target protection, infringement quoted, technical monitoring, and industrial self-regulation all constitute the regulation and the basic mode of network communication in USA.The legal regulation of mass communication in China is faced with the multiple internal conflicts in its own development, international communication, new technological revolution, and, most importantly, the legalization and regulation of institution and mechanism reforms of the mass media. One basis of the American regulation of radio and television and other electronic media is the judgment of the limited resources. Reforming Chinese mass media, especially radio and television, in terms of institution, mechanism and regulation, is going to be a complex undertaking. This complexity is due to their economic and political attributes. We should handle the conflict between the state-owned and public interest-oriented nature of China's radio and television media and their commercial operating mode, re-layout the ownership of the media through the reform of institutional mechanism, constrict coexistence of state-owned, public and commercial ownership of the media, and thus form the institutional basis of the new legal regulation of radio and television media. There are many internal conflicts, such as administration of satellite programs and the marketization coverage, in the current satellite TV system. The reform should begin with the change in the satellite access qualification to reconstruct the satellite TV system and regulation. At the same time, from the standpoint of constitutional protection of expression freedom, the construction and improvement of the Chinese legal regulatory system of mass media have to be grounded on speech protection, content regulation, ownership regulation, media intellectual property rights protection, and Internet communication management.