Nanyang Technological University

School of Communication Studies

CS 403: Media Law, Ethics and Policy

Session: Semester 2 2000/2001

Lecturers: Dr. Ang Peng Hwa & Dr. Billy Wolfe

Tutors:Dr. Ang Peng Hwa,CS # 04-05, 790-6109

Dr. Billy Wolfe, CS # 03-46, 790-4572tbnwolfe@ntu.edu.sg

Lecture Times: Tuesdays10.30 a.m. – 12 p.m. CSLT 1

Thursdays9 – 10:30 a.m. CSLT 1

Tutorial Times: T1: Tuesdays9 – 10 a.m.CSTR 4

T2: Tuesdays2 –3 p.m.CSTR 5

T3: Thursdays 11 – 12 p.m.CSTR 4

T4: Thursdays 12 –1 p.m.CSTR 4

Office Hours:Tuesdays 3 p.m. - 5 p.m.

Thursdays 3 p.m. – 5 p.m.

                              Best by appointment

Aims:

This course aims to ground you in the major legal and ethical issues regarding the media in Singapore. At the end of the course, you should have a better idea of the bases of the laws, how they apply, how they affect the development of media in Singapore, and the limitations of the laws. You should also have a keener awareness of ethical issues and how to resolve them.

The course should help develop higher-order thinking skills in analysis, evaluation and problem-solving.

Assignments:

Two essays, one on ethics and one on law, will be required. The deadline for the essay on ethics is Friday, 23 February, 5 pm. The deadline for the essay on law is Thursday, 12 April, 5 pm. Just to be sure that you are on the right track, Email us a note with a brief description of your proposed topics before beginning your essay.

Late submissions will be penalised. The format for the essays is: 7 to 10 pages double-spaced, A4, 1-inch border, 12-point serif font. Indent all paragraphs. No extra line spacing between paragraphs is required. In the header, insert your name and tutorial group (12-point serif font). Centre the title of the paper with 14-point bold font. Print only on one side. Staple at the top left hand corner. Do not use a cover sheet or any additional binding. No bibliographic references are required. Essays will be rewarded for analysis, original thinking, clarity of thought, and indicators of dialectical effort.

An example of a plausible law essay (commenting on the Toh Chin Chye/New Paper saga http://www.medialaw.com.sg/tohchinchye.htm) may be found at the course website. As another example, I have put up a student's A paper.

Assessment:

The assessment is as follows:

70 percent Final Exam, which will be open-book (that is, any materials may be brought into the examination hall).

30 percent Continual Assessment, with several of the tutorials requiring presentations. Half of the CA is for ethics and half for law & policy.

Additional Note: 

Please turn off or put on silent mode all pagers, handphones and alarms before every lecture and tutorial. Offenders will be given a verbal warning first. Repeat offenders and recalcitrant offenders may have a written warning included in their personal file.

“The very moral person usually has quite good manners because good manners are usually some sort of basic consideration.” (Louis Auchincloss)

Basic Texts:

Singapore Code of Advertising Practice. 1975. Advertising Standards Authority of Singapore.

Ang, Peng Hwa and Yeo Tiong Min (1998). Mass Media Laws and Regulations in Singapore. Singapore: AMIC.

Supplementary Texts: 

Christians, Clifford G., Mark Fackler and Kim B. Rotzoll (1995). Media Ethics: Cases and Moral Reasoning. (4th edition). New York: Longman. [NTU Call No.: P94. C555]

Journal of Mass Media Ethics. [p P94.J86 and GPO] – Lib 1

Journal of Business Ethics. [p HF5387.J86] – Lib 1

Ethics

Chu, Yee-ling & Wong Man-yee. 2000. Asia Media Project – Singapore. Master's thesis done at Journalism and Media Studies Centre, University of Hong Kong.

Other Readings:

A folder will be left in the Resource Centre for other additional readings.

Website:

There is a course-specific website at http://www.medialaw.com.sg/.

A bulletin board has also been created for your postings. It has been run successfully for the last year as virtually all who posted abided by the Netiquette of brief and relevant posts. You may post replies and the instructors will wade in as necessary.

Readings and Tutorials

WEEK ONE OF JANUARY 08, 2001

Introduction to the Course, the two papers, tutorial assignments, & final exam.

Syllabus. Handout.

Introduction to Ethics: Ethical Decision-making using “The Potter Box.”

ReadHandout. Christians, et al. pp. 1-29.

Tutorial: No tutorials on TU or TH this first week.

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WEEK TWO OF JANUARY 15

Highlights of Ethical Issues

Re-read: Handout (esp. Table of Contents); then…

Read: One chapter from any media ethics text re: an ethical issue of interest

Highlights of Ethical Principals

Re-read: Handout (Five Ethical Guidelines, pp 11-19)

Read: One chapter about any classical or contemporary ethicist, e.g. Confucius

Tutorial: Use the Potter Box to Analyse Issues & Principals in an Assigned Case

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WEEK THREE OF JANUARY 22 No CS 403 classes Tu-Th, Chinese New Year 

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WEEK FOUR OF JANUARY 29

Highlights of Loyalties 

Re-read: Handout (To Whom is Moral Duty Owed? pp. 19-23)

Read: Read any encyclopedia chapter on moral duty to deity, country, or self

Decision-making and Ethical Action/Policy

Read: Handout. Fink, C.C. (1995). Media Ethics. Ch. 1, “Deciding and Acting:Ethics on the Job, pp 3-28. P 94. Fin [SCS Resource Centre]

Tutorial: Using Potter Box to Analyse Loyalties, Decision-making & Action/Policy

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WEEK FIVE OF FEBRUARY 05

Identifying Ethical Dilemmas in Situations

Read: Five different media ethics cases of your choosing

Getting All the Facts

Re-read: Handout. Fink, “Assemble All The Facts”, pp. 3-5

Tutorial: Write an Original Case (400-500 words) of an Ethical Issue Encountered during Your Internship (PI) – Keep a 2nd hard copy for possible use in the Final Exam.

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WEEK SIX OF FEBRUARY 12 

Video: Tuesday, “Absence of Malice” (108 mins)

Video:Thursday, “The Cutting Edge: Fear or Favour” (50 mins)

Tutorial: Due: Group Analyses of Ethical Issues in Absence of Malice video. Five, one-page, single-spaced papers – one for each of the five components of the Potter Box. Sixth paper, typed transcript of the assigned video segments. (large type for OHP transparencies of transcription to show tutorial classmates). Only 10-minute presentation.

WEEK SEVEN OF FEBRUARY 19

Guest Lecture: “Consumer Issues (Regulations) Across Cultures”,by Assoc. Prof. Kathy Frith

Read: Five different Codes of Ethics of your choice, preferably in your media area

Two half-hour videos on Maria Hertog

Tutorial: optional attendance, come to class with questions on your individual essay

Ethics Essay dueFriday, 23 February, 2001, before 5:00 PM in Gen Office # 03-45.

_______________________________________________________________________WEEK EIGHT OF FEBRUARY 26 – NO CLASSES – SEM. RECESS

WEEK NINE OF MARCH 5 – Prof. Ang Peng Hwa, Lectures/Tutors

Introduction to Singapore legal system; Freedom of Expression

Singapore Constitution (Article 14)

http://www.lawnet.com.sg/freeaccess/Constitution-Details.htm#887943642-000341

1948 Universal Declaration of Human Rights (Article 19) http://www.hrweb.org/legal/udhr.html

1950 European Convention on Human Rights (Article 10): http://www.hri.org/docs/ECHR50.html

1966 UN International Covenant on Civil and Political Rights http://www.hrweb.org/legal/cpr.html#Article 19.2

Milton’s Aeropagitica (This is difficult to digest. You will do best to read it in a group—divide the article up, read carefully, summarise, and put it back together.)

Yeap Soon Beng, 1996. “The Press in Singapore: Freedom and Accountability in the Asian Dialectic”. Journal of Communication Inquiry, 20:1. 67-82.

Supplementary Readings:

Datta-Ray, Sunanda. (1998). “Press Freedom and Professional Standards in Asia,” in

Asad Latif (Ed.) Walking the Tightrope: Press Freedom and Professional Standards in Asia, pp. 25-30. Singapore: AMIC.

McQuail, Denis. (1992). “Concepts and Models of Media Freedom,” in Media

Performance: Mass Communication and the Public Interest, pp 99-111. London: Sage.

McQuail, Denis. (1992). “Media Freedom: From Structure to Performance,” in Media

Performance: Mass Communication and the Public Interest, pp 112-125. London: Sage.

McQuail, Denis. (1992). “Media Freedom: The Organizational Environment,” in Media

Performance: Mass Communication and the Public Interest, pp 126-140. London: Sage.

Ingram, Derek. (1998). “Press Freedom in Commonwealth Countries,” in Asad Latif

(Ed.) Walking the Tightrope: Press Freedom and Professional Standards in Asia, pp. 50-57. Singapore: AMIC.

Latif, Asad. (1998). “The Press in Asia: Taking A Stand,” in Asad Latif (Ed.) Walking the Tightrope: Press Freedom and Professional Standards in Asia, pp. 3-15. Singapore: AMIC.

Other Resources:

Human Rights Watch http://www.hrw.org

Lecture on Press Freedom March 13

Lecture on Press Freedom: Historical, Global and Local March 15

Tutorial on Advertising Regulations:

1.Select an advertisement from any media (except NTUC Lifestyle) that breaks the Singapore Code. (If you are using video or audio, please inform me in advance so that the equipment will be in place.) Show where it breaks the Code and explain the likely action that ASAS will take against the advertiser.

2.If you were the advertiser of the offending advertisement, what would you do to amend it?

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WEEK TEN OF MARCH 12

Press Laws in Singapore

Ang and Yeo. 1998. Parts A & B.

Overview from Communications Law in Transition Newsletter (a special issue on the U.S. State Dept. Country Reports on Human Rights) with commentary by Ang Peng Hwa: http://pcmlp.socleg.ox.ac.uk/transition/issue07/singapore.htm

Lim, Ivan (1985). “The Singapore Press and the Fourth Estate”. In Abdul Razak, Press Laws and Systems in ASEAN States. Indonesia: Confederation of ASEAN Journalists Publications. 101-118.

Lim, Ivan. 1996. “Media Monitors in Singapore”. In Media Monitors in Asia, compiled by K.S. Venkateswaran. AMIC. Pp.73-80

Heuvel & Dennis, 1993, Singapore in The Unfolding Lotus: East Asia’s Changing Media, Freedom Forum, 131-145.

Supplementary Readings

Hughes, Tom Eames. 1980. Tangled Worlds: The Story of Maria Hertogh (Reprinted 1982) Singapore : Institute of Southeast Asian Studies.

A Sintercom post of a Feb. 1999 Parliamentary motion to have less stringent newspaper licensing in Singapore. http://202.42.191.66/vbb/showthread.php?s=&threadid=212  

Lectures on Press Laws in Singapore March 20 and 22

Tutorial on Freedom of Expression:

1.What are the arguments for freedom of expression? Milton has at least 20. Note his philosophical and conceptual arguments.

2.What are the arguments against freedom of expression?

3.Is freedom of expression contextual? SM Lee in an interview in Hong Kong Business that applying liberal values to present-day Asian - where so many people are illiterate - would result “only in a mess (…) This free-for-all, this notion that all ideas should contend and there will be the blinding light out of which you will see the truth - ha!”

4.Is freedom of speech a basic human right? Should it be?

5.Have the purposes of freedom been achieved in the countries where there is the most of such freedom?

6.Where do you stand? Why?

NB. There is a tendency to discuss the Singapore case. Resist that tendency. Try to argue in the abstract.

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WEEK ELEVEN OF MARCH 19

Censorship 

Ang Peng Hwa and Berlinda Nadarajan 1996. “Censorship and the Internet: a Singapore Perspective”. CACM. June. Vol. 39, No. 6. 72-78.

Gunther, Albert C. and Penghwa Ang. 1996. Public Perceptions of Television Influence and Opinions About Censorship in Singapore. International Journal of Public Opinion Research. Vol. 18 No. 3. 248-265.

Yeo, Stephen and Arun Mahizhnan. 1998. “Chapter 15: Developing an Intelligent Island: Dilemmas of Censorship”. In Arun Mahizhnan and Lee Tsao Yuan. Singapore: Re-Engineering Success. Singapore: Institute of Policy Studies and Oxford University Press. 138-149.

Coetzee, J.M. 1996. “Taking Offense” In Giving Offense: Essays in Censorship. Chicago: University of Chicago Press, 1-33.

Levander, Michelle. 1999. Cyberspace Challenge: Facing Reality, Singapore Rethinks Thought Control. Wall Street Journal. Sept 1. 1 and 9.

Staksrud, Elisabeth. (1999). “How To Censor The Internet.” Department Of Media And Communication, University Of Oslo, Norway. (Study of Internet censorship in Singapore) http://www.media.uio.no/internettiendring/publikasjoner/tekst/staksrud/contents.html

Wired News on a US survey that says “many Americans eagerly support government restrictions on the Internet and TV, according to a new Freedom Forum survey”. The Wired story is at: http://www.wired.com/news/politics/0,1283,31972,00.html.

Details on the First Amendment Center national survey are available at: http://www.freedomforum.org/first/sofa/1999/welcome.asp.

Lectures on Censorship in Singapore March 27

Lecture on Internet Censorship March 29

Tutorial on Press Laws:

1.How have Singapore’s laws and regulations governing the media shaped the structure of the media industry? (That is, what are some “structural” results of the law?)

2.Given the sensitivities of both Singapore media and neighbouring governments to critical reports, can the Singapore media be credible when they report on the region?

3.What are the implications for Singapore’s attempt to be a media hub?

NB. Resist the tendency to talk about censorship. Hold that for the following tutorial.

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WEEK TWELVE OF MARCH 26

Defamation

Crone, Tom. 1995. Libel and the Media: An Everyday Guide for Professionals. Oxford: Focal Press. Chapters 1-4. [KD 2870.C947]
For an example and a good discussion of the successful use of qualified privilege, look at the case of the Central Christian Church (1997), particularly from paragraph 146. This is also a good example of what a Singapore court's judgment looks like.
Lecture notes.

Tutorial on Censorship:

1.What are the arguments used in support of censorship in Singapore? Are they still valid today?

2.Are the principles used in censorship in Singapore valid?

3.Has censorship hurt Singapore?

4.What are the implications of lifting or not lifting censorship for Singapore?

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WEEK THIRTEEN OF APRIL 2

Intellectual Property Law 

Crone, Tom. 1995. Law And The Media : An Everyday Guide For Professionals. Oxford: Focal Press. 99-116
 
Presentation by Mr Edmund Lam, GM, COMPASS
 
Lecture on copyright in Singapore

Tutorial on Defamation:

1. Please go through the readings and understand:

a.when is something libellous

b.what defence do you have

c.what should you do in the event that a libellous statement has indeed been made.

2.There have been a few cases of Net libel. In particular, there was one about the NKF in which a woman who sent out 48 emails had to pay NKF $50,000. On the other hand, the department store Metro felt powerless against emailers who alleged that there were hidden cameras in the changing room. How should the law address this?

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WEEK FOURTEEN OF APRIL 9

Legal Issues of the Internet I

Can the Internet be regulated?

Verlhurst, Stefaan. 1999. “Coping with the New Communications Environment: Are Regulations Still Relevant?” In Media Regulations for the New Times. (Ed.) Venkat Iyer. Singapore: AMIC. 1-21

Go to http://www.pc-radio.com/otr/code.html for the debate between Lawrence Lessig (Code and Other Laws of Cyberspace) and Wired journalist Declan McCullagh.

Content Regulation of the Internet

Ang, Peng Hwa. 1997. How Countries Are Regulating Internet Content. Paper presented at the Internet Society Annual Conference. Kuala Lumpur, Malaysia. June. Available at:http://www.isoc.org/isoc/whatis/conferences/inet/97/proceedings/B1/B1_3.HTM

Ang, Peng Hwa. 2000. The Myth of Internet (Non-)Regulation. Powerpoint presentation available at: http://www.ksg.harvard.edu/iip/hiip_seminarang.html

Go to http://www.noie.gov.au/downloads/TDaleICCP.ppt for a PowerPoint presentation on the Australian content regulation position.

Rodan, Garry. 1998. The Internet and political control in Singapore. Political Science Quarterly . April 1. 113(1):63. An earlier version is available at http://www.jpri.org/wp26.html .

Guernsay, Lisa. 2001. Welcome to the World Wide Web. Passport, Please? New York Times . March 15. http://www.nytimes.com/2001/03/15/technology/15BORD.html or http://www.iht.com/articles/13640.html. (You will need to free-register on the NYT site.)

Tutorial on IPR:

1.What are the limits of copyright? What things may be copied under what situations? What are the things that may not be copied? How does one go about exploiting copyright? (Because IPR is a technical area, you should be familiar with the implications before we can have further discussion. These questions are intended as a refresher so that you know what copyright means.)

2.What does it mean to extend copyright to cyberspace?

2.1.Should copyright enjoy the same protection on the Internet as in the media?

3.How can piracy exist in Sim Lim Square?

Legal Issues of the Internet II

Privacy and Other Issues

Report Of The National Internet Advisory Committee. 1997/1998. At www.sba.gov.sg. Click Internet and click National Internet Advisory Committee.

Ang, Peng Hwa. 2001. The Role of Self-Regulation of Privacy on The Internet. Journal of Interactive Advertising. 1(2), Spring . http://www.jiad.org/vol1/no2/ang/.

Coalition hopes to get Net sites rated. 2001. JSOnline. April 16. http://www.jsonline.com/bym/tech/news/apr01/labels17041601.asp. Brief description of how content-rating works on ICRA.

Supplementary Readings

Lester, Toby. 2001. The Reinvention of Privacy. The Atlantic Online . March. http://www.theatlantic.com/issues/2001/03/lester-p1.htm.

 
Slides of lecture of April 19.

Tutorial on Legal Issues of the Internet:

1.One of the rules for regulating the Internet is that what is illegal offline should be illegal online and what is legal offline should also be legal online. How far can this rule be implemented. France has created an uproar by forcing Yahoo! to remove Nazi memorabilia from its auction site. Should France be allowed to do that? Vince Cerf, often seen as The Big Man of the Internet, has said that if everyone did that, the Internet would be so fragmented it would be useless. Do you agree?
2.According to the Singapore Broadcasting Authority, the only sites blocked for the residential user are 100 “high-traffic” porno sites. Critics say this is neither here nor there and the proxy server can easily be bypassed. Does this SBA rule make sense to you?

WEEK FIFTEEN OF APRIL 16 – REVISION WEEK

A review lecture will be held on April 17 using past year exam questions as a guide. 

EXAMS Fri 20 – Sat 5 May

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2001

End