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Hearst TV CEO and ABC News President to Headline Inaugural Hargrove Communications Law Colloquium

Hargrove ColloquiumWe are pleased to announce that on November 4, 2013, the Center will host the inaugural Wade H. Hargrove Communications Law and Policy Colloquium. Friends and colleagues of Wade Hargrove established the colloquium to honor Mr. Hargrove, a graduate of the University of North Carolina at Chapel Hill and an accomplished media lawyer, by spurring discussion and debate about national media law and policy issues.

This year’s colloquium speakers will be David Barrett, chairman and CEO of Hearst Television Inc., and Ben Sherwood, president of ABC News, who will talk about “The Future of Television News.”  Mr. Barrett and Mr. Sherwood will make brief opening remarks and then engage in a wide-ranging discussion about the challenges and opportunities media companies face in this age of digital convergence.

The colloquium  is free and open to the public.  For more information, please visit our event page.

About David Barrett
David Barrett joined Hearst in 1984 as general manager of the company’s Baltimore radio stations, later assuming general manager responsibility for the Hearst Radio Group, and then for WBAL-TV in Baltimore. He relocated to New York in 1991 as a vice president of Hearst Corporation and deputy general manager of Broadcasting, with operating oversight for the company’s television and radio stations. In 1997, Hearst Broadcasting merged with Argyle Television to form Hearst-Argyle Television, Inc., and he was named executive vice president and chief operating officer of the new entity. He was named president and chief executive officer in 2001.

Mr. Barrett has been the recipient of numerous industry honors. In 2011 he received the DiGamma Kappa Distinguished Achievement Award in Broadcasting from the University of Georgia’s Grady College of Journalism, which bestows the annual Peabody Awards, and the First Amendment Leadership Award from The Radio Television Digital News Foundation. In 2008 he was inducted into the Broadcasting & Cable Hall of Fame. In 2005 he was the recipient of The Media Institute’s American Horizon Award and was also inducted into the National Academy of Television Arts and Sciences Management Hall of Fame. In 2004 he was named Broadcasting & Cable magazine’s “Broadcaster of the Year.”

About Ben Sherwood
Ben Sherwood was named president of ABC News in December 2010. He is responsible for all aspects of ABC News’ broadcasts, including “World News with Diane Sawyer,” “Nightline,” “Good Morning America,” “20/20” and “This Week with George Stephanopoulos.” In addition, Mr. Sherwood oversees ABC News Radio, ABCNEWS.com, satellite service NewsOne and ABC News NOW. During Mr. Sherwood’s tenure the news division has won the most prestigious honors in the industry, including George Polk, George Foster Peabody, News and Documentary Emmy, Edward R. Murrow, Overseas Press Club, SPJ Sigma Delta Chi and Investigative Reporters and Editors awards.

A Phi Beta Kappa graduate of Harvard College, Mr. Sherwood earned a bachelor’s degree in American government and history. From 1986 to 1989, as a Rhodes Scholar at Magdalen College, Oxford, he earned master’s degrees in British imperial history and development economics.

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EU Holds News Website Liable for Anonymous Comments

Screen Shot 2013-10-14 at 3.10.14 PMLast week, the European Union held an Estonian news website liable for anonymous comments posted by third parties on its site.

The EU case concerned a 2006 article published on the Estonian news site Delfi. The article was about changes to a Northern Europe ferry company’s travel routes. Because the route alterations would cause delay and make traveling more expensive, a number of angry commentators left “highly threatening or threatening posts” in response to the article.

The owner of the ferry company sued Delfi for defamation and was awarded €320, or $433 in USD. Delfi, arguing that it was not responsible for the comments, appealed to the EU.

The EU recently upheld the Estonian court’s judgment, holding that the website’s freedom of expression rights, governed by Article 10 of the European Convention on Human Rights, were not violated by the ruling. The EU court explained that freedom of expression rights may be interfered in order to protect an individual’s reputation so long as the intervention is “proportionate to the circumstances.”

In analyzing whether intervention is proportionate to the circumstances, the EU analyzed four issues: (1) the context of the posts; (2) steps taken to prevent publication of defamatory comments; (3) whether the authors of the posts could be made liable for their posts; and (4) the consequences of holding Delfi liable. In concluding its analysis, the EU court held that the lower court’s ruling was justified and proportionate to interference with Delfi’s Article 10 rights.

Samantha Scheller is a 2L at UNC Law.

(Image courtesy of Flickr user MPD01605 pursuant to a Creative Commons CC BY 2.0 license.)

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FBI pursues Silk Road’s private Bit Coin key information

Center blogger Samantha Scheller wrote a blog post for the Digital Media Law Project on the FBI’s pursuit of private passwords protecting Bit Coin currency associated with the Silk Road.

An attempt to compel those charged in connection with the illegal drug purchasing website could raise a Fifth Amendment question of self incrimination. Read Scheller’s blog post for a full analysis.

Scheller is a 2L at the UNC School of Law. She is a former intern and current contributor to the Digital Media Law Project, part of the Berkman Center for Internet and Society at Harvard University.

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Twitter and Nielsen Ratings Team Up to Track Viewership

4156535452_9f2ee39b7e_bTwitter is teaming up with Nielsen Ratings to aid the service in monitoring what television shows are most frequently tweeted about by its users. The novel approach, called a “unique audience,” makes it easier than ever for the Nielsen system to provide accurate information about television viewership numbers on any given night.

The new system allows Nielsen Ratings to track how many tweets are sent, what television show those tweets reference, who those tweets are seen by, and how many times those tweets are seen. With 200 million Twitter users, the data will be a powerful tool for advertisers looking to broadcast during commercial breaks of the most-viewed television programs.

The “unique audience” information gained from Twitter will also help Nielsen track what has traditionally been extremely difficult to measure: the spoken word. In Twitter’s case, it’s easy to capture what millions of Americans are watching through the data trail left behind. By allowing Nielsen to create a rating system based on tweets, Twitter is opening up access to that once impossible-to-track information.

The ratings system provides more information about viewership than ever before by monitoring conversations — not by the spoken word — but by the typed tweet.

Samantha Scheller is a 2L at UNC Law.

(Image courtesy of Flickr user flash.pro pursuant to a Creative Commons CC BY 2.0 license.)

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A UNC Student’s Summer Experience at the Berkman Center’s Digital Media Law Project

IMG_4639This summer, I was fortunate enough to intern for the Digital Media Law Project (DMLP) at the Berkman Center in Cambridge, MA. Our office facility — fondly referred to as the “big yellow house” — was home to a large number of Berkman Center projects, of which the DMLP was one.

The Berkman Center is a wonderful place to work, as the house is constantly filled to the brim with scholars in a variety of fields. It seemed that wherever you went, from the front porch to the kitchen, you were welcomed in eavesdropping on a conversation about an interesting new research project or developing body of law. Berkman also houses a number of fascinating software development projects.

My day-to-day life as a DMLP intern was filled with media law — a complex world of legal issues like defamation, copyright, trademark, anti-SLAPP motions, Section 230 of the Communication Decency Act, DMCA takedown notices, shield laws for reporters, first amendment issues, and more.

I worked on a number of projects for the DMLP throughout the summer. In my legal threat research, my supervisors, Jeff Hermes and Andy Sellars, encouraged me to delve into complex litigation procedures while analyzing court documents for recent media law cases. Through this research, I gained an understanding of how pervasive media law issues are in our court system and in our lives.

On another project, I researched and wrote detailed legal guides on issues such as how to form a journalism cooperative in Pennsylvania and how to operate under Tennessee’s recording laws. The legal guide work is essential for reporters and citizen journalists who need to understand in non-legalese the legal implications of publishing within their state.

IMG_4737Finally, every two weeks, I was encouraged to develop a blog post on my topic of choice. The DMLP blogs provided me the freedom to delve into specific areas of media law including a patent on podcasts, the federal shield law, and how journalist organizations are using Instagram.

My research at the DMLP wasn’t all that Berkman had to offer. One week, my supervisors, my fellow DMLP interns, and I were invited to attend a Massachusetts Continuing Legal Education course at which our supervisor, Jeff Hermes, was presenting. This experience was certainly one of the highlights of my summer as I was able to hear first-hand about the most recent issues and case law in this field.

Each week, my fellow “Berkterns” and I were invited to attend lunchtime and afternoon seminars on a variety of topics, legal and otherwise, given by scholars at the top of their fields. These presentations were followed by intellectually stimulating discussions which often challenged me to consider new ideas and viewpoints. (Another summer highlight: at one such lunchtime presentation, representatives from Google Glass came by and let us try on Glass(es)! The demo led to a great discussion about the legal, social, and privacy implications of the new technology.)

IMG_6199I would highly recommend an internship at the Digital Media Law Project to anyone interested in studying recent media law cases and understanding the protections needed to prevent chilling effects. I made great friends, had a wonderful time traveling around Boston and Cambridge, and embraced everything the area had to offer. Through the DMLP’s collaborative work environment, I was able to learn so much about media law and witness first-hand how this relatively new area of law is influencing a wide range of people across the country.

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