Happy New Year!

Image via WikipediaThe hard-working, low-paid staff of The Unruly of Law would like to thank devoted followers of the blog--as well as curious occasional visitors--for their continued support.  Have a safe holiday weekend and a joyous, media-savvy 2012!

Media & Human Rights Groups Voice Concern Over Kazakh's Repressive New Media Law

Image by Getty Images via @daylifeThe National Assn. of Kazakh Broadcasters and human rights group Adil Soz are among those highly critical of a restrictive media law awaiting Kazakh President Nursultan Nazarbaev's signature following Senate passage this week of the measure introduced by the Communications & Information Ministry, according to a report by Radio Free Europe/Liberty Radio's ["RFELR"] Web site.

The draft broadcast law mandates foreign tv and radio outlets to register with an official Kazakh entity and sets 2018 as the date by which half of foreign broadcasts must concern domestic content. The increased state control over electronic news media that the new law would entail prompted a letter of protest to President Nazarbaev signed by more than 40 Kazakh media NGOs, the RFELR article reported.

Hungary's State Broadcaster Fires Two Journalists Over Protest

Image via WikipediaHungry Hungarian journalists Aranka Szavuly and Balazs Nagy Navarro, engaged in a hunger strike since December 10 in protest against Prime Minister Viktor Orban of the conservative Fidesz party, have been terminated, according to a story in The Irish Times.

The State-owned public broadcaster said the journalists were canned for taking on a political role in conducting an "illegal" strike. Prime Minister Orban, who has drawn fire from U.S. Secretary of State Hillary Clinton and European Commission Head Jose Manual Barroso, among others, for reforms that purportedly infringe on democratic freedoms, was targeted by the two journalists for allegedly meddling in media operations, the Times reported.

Ex-NBA Great Scottie Pippen Moves Forward with Libel Suit

Image by Getty Images via @daylifeNBA Hall of Fame Forward Scottie Pippen, 46, has filed a defamation suit in the United States District Court for the Northern District of Illinois Eastern Division against 10 Web sites, claiming the media defendants falsely alleged he had suffered more than $120 million in financial losses and had filed for bankruptcy, according to the BET (Black Entertainment Television) Web site.

The 17-page Complaint in Scottie Pippen v. Comcast Corp. et al. (Case No. 1:11-cv-08834) alleges defamation, negligence and false light against the defendants and reads as if it were prepared by an avid Chicago Bulls fan, replete as it is with Pippen's noteworthy scoring and rebound achievements. Among the media defendants in the suit are Comcast-owned CNBC, CBS Corp.,  Sportsreport360.com, Evolve Media Corp., Yakezie Network and the University of Tampa Minaret.

The plaintiff alleges he lost out on numerous endorsements and appearance fees because of the purportedly erroneous statements concerning his financial condition.

Journal Sentinel Online Metered Paywall: The Tier that Made Milwaukee Pay Us?

Image via WikipediaBeginning January 4, The Milwaukee Journal Sentinel (JSOnline.com) will introduce a paywall requiring online readers to pony up once they exceed their 20-free-article limit, the paper announced today.

Digital-only access subscribers will pay $2.35 a week in monthly, semi-annual or annual installments. Readers who subscribe to the print edition will have free access to the electronic version. Subscribers to the Sunday-only print edition can pocket an extra nickel by paying $2.30 a week while enjoying full access to the digital version.

The daily is calling its digital version  JS Everywhere, which should help those who sometimes confuse journalism with creative writing. Sports results, section indices, classified ads, home page, videos and the TapMilwaukee channel offerings on JSOnline.com will remain free to all online visitors, the paper announced.

FCC Judge: Comcast at Fault in Treatment of Tennis Channel

Image via WikipediaIn his 59-page ruling this week, FCC Administrative Law Judge Richard L. Sippel aced Comcast, finding the cable Goliath violated the agency's anti-discrimination carriage rules in its treatment of the Santa Monica, Calif.-based Tennis Channel.

According to articles in The Los Angeles Times and The New York Times, Judge Sippel ordered Comcast to pay a $375,000 fine and cease its discriminatory treatment of the Tennis Channel. His decision is subject to a vote by the FCC before it becomes final and were the five-member Commission to uphold the ruling, would almost certainly be challenged by Comcast in  federal appellate court.

Judge Sippel said Comcast placed the Tennis Channel at a competitive disadvantage by not including it in a basic cable subscription as it did its own GolfChannel and Versus sports network, but rather, added the Tennis Channel to a more expensive collection of stations that have fewer subscribers. Nearly all 22 million Comcast customers receive the basic package, whereas only roughly 2.5 million dole out for the premium subscription that boasts the Tennis Channel, according to the newspapers' accounts.

"Although Comcast Cable claims that it denied Tennis Channel broader carriage based upon a cost-benefit analysis, the record shows that Comcast did not analyze the benefits that would accrue from giving Tennis Channel greater penetration," Judge Sippel wrote in his opinion. The FCC enacted program carriage anti-discrimination rules in 1993.

Federal Judge Upholds 1st Amendment: Defendant Was Talkin', Not Stalkin'

Image via WikipediaIn his 27-page Memorandum of Opinion in U.S. v. William Lawrence Cassidy (Case No. RWT-11-091), U.S. District Court for the District of Maryland Judge Roger W. Titus last week granted the defendant's motion to dismiss, ruling the First Amendment overrides harassment allegations based on offensive Tweets and blog posts.

As reported by the Legal Times blog (LegalTimes.typepad.com), Cassidy was indicted in February 2011, pursuant to a federal  interstate stalking statute [18 U.S.C. sec. 2261A(2)(A)], which originally was passed as a component of the Violence Against Women Act of 1994. The Electronic Frontier Foundation filed an amicus brief in support of the defendant.

The case arose from the defendant's introduction in 2007 to a Buddhist sect leader who was an enthroned tulku whose power was derived by lineage within her community. Cassidy had claimed the same status, which the other tulku questioned, prompting a Twitter and blog campaign by the defendant critical of the tulku and her place of worship, according to Legal Times.

Judge Titus ceded that the online assault by Cassidy may have caused the tulku emotional distress, but noted the government's indictment was not limited to unprotected speech, such as defamation, true threats or obscenity. Said Judge Titus: "The Government's Indictment here is directed squarely at protected speech: anonymous, uncomfortable Internet speech addressing religious matters."

Though prosecutors argued the First Amendment does not confer a right to harass or intimidate, Judge Titus said: "Twitter and blogs are today's equivalent of a bulletin board that one is free to disregard, in contrast, for example, to e-mails or phone calls directed to a victim."



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Calif. Federal Judge Denies Facebook Motion to Dismiss Privacy Suit

Image via WikipediaImage via CrunchBaseImage by Getty Images via @daylifeIn her 38-page decision last week in Fraley v. Facebook (Case No. 5:11-cv-01726), United States District Court for the Northern District of California Judge Lucy H. Koh refused to dismiss a putative class action suit against  Facebook based on the social media leviathan's use of "Sponsored Story" ads.

Although she dismissed an unjust enrichment count against Facebook, Judge Koh found Angel Fraley and her co-plaintiffs had legal standing to proceed with their claims of unfair competition and violation of California's Right of Publicity statute [Calif. Civ. Code sec. 3344]. The plaintiffs contend Facebook, without their consent, appropriated their names, likenesses and photographs for use in Facebook's "Sponsored Story" paid advertisements.

A "Sponsored Story" ad is generated when a Facebook user clicks on the raised thumb Like icon concerning a product or service, which then appears on the user's friends' Facebook page. At issue is whether that turns the user into a spokesperson/endorser of that product or service.

As reported in the Financial Times and elsewhere, Judge Koh kept the plaintiffs' suit afloat by finding "logical" the plaintiffs' argument that they should benefit from the ad revenues flowing to the defendant social network from their unwitting endorsements.  Unequivocally, Facebook's "Sponsored Story" marketing strategy has been successful.

Judge Koh specifically ruled that Facebook cannot benefit from the defense afforded by Section 230(c)(1) of the Communications Decency Act of 1996 that shields Internet Service Providers from liability as publishers. Facebook has also raised a First Amendment argument that the "Sponsored Story" ads are newsworthy, which characterizes the plaintiffs as public figures rendering newsworthy consumer opinions.

The Times It Is A'Changin...

Image via CrunchBaseThe "Grey Lady" New York Times  is getting rid of some of its grey-haired journalists, according to the New York Observer.

Accepting voluntary buyout packages this past weekend are a number of long-time Timesers whose bylines are well-recognized by readers. Included among the very dearly departed scribes are George Vecsey, a 30-year veteran whose Sports of the Times Saturday column was widely read; 34-year Times veteran Metro columnist Clyde Haberman, 20-year veteran Sam Dillon,  National Education correspondent; and Nicholas Wade, a 29-year Times veteran Science reporter/editor.

Dancer's Libel Suit Against Daily Mail a Misstep, Court Rules

Image via WikipediaFrom across the Pond comes a story from The Guardian concerning Strictly Come Dancing hoofer and lawyer Nancy Dell'Olio, 50, (the apostrophe is silent), who unsuccessfully sued Daily Mail parent Associated Newspapers, Ltd. for libel, claiming she was defamed in an article about her romantic involvement with thrice-married, 71-year-old theater director Sir Trevor Nunn.

Dell'Olio sued over an April 2011, Daily Mail article headlined "Return of the man-eater," claiming the article ignored the couple's mutual love of theater and each other by portraying her in a defamatory way as a "serial gold-digger." Associated Newspapers acknowledged the article was not a paean to Dell'Olio, but argued it fairly depicted the couple's mutual admiration, noted Nunn made the initial overtures to the plaintiff, and denied the piece defamed Dell'Olio.

Mr. Justice (Michael) Tugendhat of the High Court (not a Dr. Seuss creation) agreed with the daily, writing that although "man-eater" has a predatory connotation, it doesn't rise to the more actionable level of "serial gold-digger," which must be a great relief to grizzly bears and Great White sharks everywhere.  Not likely the plaintiff would have fared any better in the States, where the "fair comment" defense probably would have found the offending statements non-defamatory opinion.

Final tally--Daily Mail: 1, Dell'Olio: Nunn.

New Owners Take a Shine to Sun Times

Image via WikipediaThe Chicago Tribune reports that Sun Times Media, parent of the Trib's chief rival, The Chicago Sun Times, is about to change hands.

Former Newsday publisher and chief executive Timothy Knight is expected to take the helm of the tabloid Sun Times, whose origins date back to 1844 with the Chicago Evening Journal. Current Sun Times shareholders, such as Chicago Blackhawks owner Rocky Wirtz, are hanging around, but the new ownership will be fronted by Michael Verro of Merrick Ventures, a technology holding company based in Chicago, according to the Tribune account.

The Sun Times, which emerged from bankruptcy in 2009, is also entering the pay-for-a-peek at some of its online content era embraced by most  metro dailies. The tabloid remains home base for renowned film critic Roger Ebert.

Times to Throw Out the Small Newspapers

Image via WikipediaAn albatross of sagging circulation and diminished advertising lineage, the Regional Media Group division of  The Times Co. is being jettisoned by the Mother Ship, The New York Times reports.

Sale of the regional dailies to Daytona Beach, Fla.-based Halifax Media Holdings is expected to be finalized this week. Although the Times Co. is mum on the asking price, the Times article quotes industry analysts as expecting the deal to be in the neighborhood of $145 million.

Included in the Regional Media bundle are dailies such as The Sarasota Herald-Tribune, The Tuscaloosa (Ala.) News and The Press-Democrat in Santa Clara, Calif. The Regional Media Group reportedly generated about 11 percent of the Times Co.'s $2.4 billion revenue in 2010.

Halifax would be adding the dailies to its stable of newspapers that include the Daytona Beach (Fla.) News Journal.

UPDATE: AP Settles With NBA REF; 'Twibel' Suit Dribbles Away

Image via WikipediaTip of the hat to Bloglawonline.blogspot.com for picking up on the resolution of a "Twibel" suit filed against Associated Press and its sportswriter who covered the NBA's Minnesota Timberwolves by a referee who claimed his integrity and reputation were impugned.

The litigation in the United States District Court for the District of Minnesota, William H. Spooner v. The Associated Press & Jon Crawzynski (Case No. 11-cv-00642-JRT) [see "TUOL" post 3/15/11], has been settled by the parties, with the defendants reportedly removing the offending Tweet by Crawzynski and covering the plaintiff's legal fees of $20,000. The case arose during a Jan. 24, 2011, contest between the Timberwolves  and the Houston Rockets and involved a disputed foul call by Spooner about which Crawzynski Tweeted: "Ref Bill Spooner told [former Timberwolves Coach Kurt] Rambis he’d ‘get it back’ after a bad call. Then he made an even worse call on Rockets. That’s NBA officiating folks."

As part of the settlement, AP issued a statement in which it conceded that its sportswriter may have misheard an exchange between Spooner and Rambis that prompted the offending Tweet.  That's a costly personal foul for the wire service.

Ogden Daily Exec Editor Apologizes for Doctored Photo

Image via WikipediaThe Ogden, Utah-based Standard-Examiner, the state's third-largest daily, apologized to its readers recently for running a dramatic front-page image on Nov. 27 that was digitally altered by the photographer, a regular contributor to the Sandusky Newspaper chain-owned daily.

The Web site iMediaEthics (formerly stinkyjournalism.org) reported that Standard-Examiner Executive Editor Andy Howell pulled the doctored image from the paper's online edition and apologized to readers in a column on Dec. 17, noting that the offending photographer was a trusted contributor to the daily. The image proved to be a composite of two photos taken 10 minutes apart, one of which depicted a modern commuter train headed toward Ogden, and the other, an Ogden-bound classic Union Pacific Steam Engine No. 844.

The Standard-Examiner claimed it would have labeled the composite image an illustration to avoid deceiving readers had they known it was not a real-time photo of the two trains.  Talk about an engineered photo.

Reader's Digest Workforce--the Condensed Version

Image via WikipediaPleasantville, N.Y.-based publisher Reader's Digest, sharing the pain worldwide, has abridged its labor force by 150 jobs, half of which are in the U.S., according to a report in Folio Magazine.

The company wouldn't disclose details about the layoffs, though Folio reports that 30 slots were eliminated at Reiman Publications in Greendale, Wisconsin. Pink slips were doled among the company's domestic and international entities so that the publisher could focus on its more valuable brands, The Family Handyman, Taste of Home and Reader's Digest, according to the Folio story.

Reader's Digest, which emerged from a voluntary Chapter 11 bankruptcy in February 2010 (see "TUOL" post 8/17/09), saw a 4.4 percent boost in 3Q revenues compared to Third Quarter revenues in 2010, and reduced its net loss to $76.8 million from $86.8 million a year ago. The company is headed by CEO Robert Guth, the third person to take the helm of the publishing company in the last year.

UPDATE: Howling Pig Quieted by $425k Payout

Image via WikipediaFormer Univ. of Northern Colorado student Thomas Mink is $425,000 richer this week, the ACLU reports, following settlement of his 2004 claim based on a former Weld County Deputy District Attorney's approval of a search warrant of his home in connection with a criminal libel suit against The Howling Pig, an online publication of which he was the publisher (see "TUOL" posts 6/6/11, 7/22/10).

In Thomas Mink v. Susan Knox, a Deputy District Attorney Working for the 19th Judicial District Attorney's Office in Her Individual Capacity (Case No. 04-cv-00023) the U.S. District Court for the District of Colorado found for Mink in his action under 42 U.S.C. sec. 1983 that his Fourth Amendment rights were violated by an illegal search and seizure of his home computer and written materials arising from a criminal libel probe based on comments about a professor that appeared in The Howling Pig. The Associated Press reported that Knox is no longer with the Weld County DA's office.

LA Times Editor Bolts Before Job Ax Wielded in Newsroom Again

Image via WikipediaImage via WikipediaTheWrap.com Website this week reported that Los Angeles Times Editor Russ Stanton has resigned as the beleaguered daily awaits January layoffs that could further shrink the newsroom by 12 to 20 staffers.

Stanton is the fourth consecutive editor at the Times to depart in the face of a pink slip-laden newsroom. While at the helm, Stanton saw his editorial staff shrink to 550 from 900, The Wrap reports. Meanwhile, circulation at the metro daily has plunged 21 percent since March 2009. The Times is owned by the Tribune Co., which has been immersed in Chapter 11 bankruptcy since December 2008. A paywall for the Los Angeles Times is expected to debut during the First Quarter of 2012.

UPDATE: FCC to TV Stations & Advertisers--Everyone Remain CALM

Image via WikipediaThe Federal Communications Commission this week passed rules related to the Commercial Advertisement Loudness Mitigation ("CALM") Act [H.R. 1084/S.2847] signed into law by President Barack Obama a year ago that mandates tv and cable operators maintain volume on local and national advertisements at the same level as for programming (see "TUOL" posts 10/1/10 & 6/12/09).

The FCC rules take effect on Dec. 13, 2012, according to the San Mateo Daily Journal and the THR, Esq. blog. Among the FCC provisions are those requiring large tv operators to spot check the sound levels of commercials for at least the initial two years from when the law takes effect.

Media General 'Tampas' with Tribune: Staff Slashed by 16 Percent

Image via WikipediaThe Tampa Bay Tribune announced  today that 165 staffers were pink-slipped, reducing its workforce by 16 percent.

Among those terminated was 35-year veteran TV critic Walt Belcher. The layoffs affect the Tribune's print and online editions, but on-air talent at sister station News Channel 8 were spared the ax. Media General Communications Holdings, LLC, which owns the Tribune, said the move will shore up the daily's finances and reflect the redirection toward digital and mobile delivery of the news.

Following the terminations, roughly 675 persons remain employed at the Tampa Bay Tribune.

'That's the Chicago Way': Trib Subscriber Sues Over Unheralded Rate Hike

Image via WikipediaChicago Tribune subscriber Cheryl Naedler has sued the daily in Cook County Circuit Court for breach of contract and violation of Illinois's Consumer Protection Act [815 ILCS 505] after the paper allegedly charged her credit card more than double her previous subscription rate without notice of the price hike.

Crain's Chicago Business reports that Naedler is seeking class action status for the suit, assuming other readers were also blindsided by the price boost. Her complaint alleges that her credit card was charged $97.50 per quarter without her knowledge or approval of the higher price. Naedler filed suit after not getting satisfaction from her complaint call to the Philippines-based call center that handles such matters for the Tribune.

Purportedly, some, but not all, Tribune subscribers received a letter that specified the new home delivery rate but did not acknowledge the increase it represented.

Pa. Court Rules The Citizen's Voice Did Not Libel Businessman

Image via WikipediaIt was nearly a decade in the making, but the Wilkes-Barre (Pa.)-based The Citizen's Voice has been exonerated in a defamation case brought by a businessman who alleged the daily linked him to a reputed Mob boss.

According to accounts by Associated Press and the blog Citizensvoice.com, the Times-Shamrock Communications-owned Citizen's Voice did not defame Thomas Joseph, Sr., his son or his direct mail and telemarketing firms, wrote Luzerne County Judge Joseph Van Jura in a 37-page opinion. The Citizen's Voice published 10 stories from June 1, 2001, to October 10, 2001, concerning a money-laundering probe allegedly involving the plaintiff and Acumark, Inc., his direct marketing firm, which included raids by armed federal agents of Joseph's home and  company.

The libel complaint alleged the defendant daily, through largely anonymous-source based stories, connected the plaintiff to reputed mobster William D'Elia, a childhood pal of Joseph's. Joseph was never charged with any crime. He sued the paper and former reporter Edward Lewis for defamation, contending he lost friends and his companies sustained financial harm because of the articles. Following a bench trial in 2006 before Judge Mark A. Ciavarella, the Citizen's Voice was socked with a $3.5 million judgment.

On Nov. 4, 2009, however, the Pennsylvania Supreme Court tossed the verdict and ordered a re-trial based on concerns about the impartiality of Judge Ciavarella and Judge Michael T. Conahan, who assigned the Joseph case to Judge Ciavarella. Conahan and D'Elia purportedly had a relationship, which prompted the Pennsylvania High Court not only to toss the libel judgment against the daily, but also to overturn thousands of juvenile justice convictions imposed by Judge Ciavarella over a five-year period.

In the re-trial, Judge Van Jura concluded the reputations of Thomas Sr. & Jr. and their companies were not impugned by the Citizen's Voice series. Judge Van Jura faulted the plaintiffs for not showing "special harm" from the publication of the articles, such as lost business contracts or being shunned by social contacts.  Although the daily dodged a punitive damages award, the court did not allow the Citizen's Voice to recover the nearly $1 million in attorneys' fees doled out over the past decade and took the newspaper to task for sloppy reporting and unsubstantiated claims.

This story is just crying out for a cable movie version.

Number of Jailed Journos Soars to 15-Year High

Image by Getty Images via @daylifeReporters, photojournalists and editors worldwide incarcerated for plying their trade totaled 179 as of December 1, the Committee to Protect Journalists("CPJ") reported today, up 34 from 2010, and the highest number recorded by CPJ in the past 15 years.

Roughly half of those jailed are online journalists, and 45 percent are freelancers, according to CPJ. Countries imprisoning the greatest number of journalists include Iran (42), Eritrea (28), China (27), Burma (12) and Vietnam (9), the CPJ reported in a press release. Anti-state charges and violation of censorship rules were cited as the principal bases for jailing journalists.

Federal Judge Rules Oregon Shield Law Won't Cover 'Investigative Blogger'

Image via Wikipedia

The United States District Court for the District of Oregon last week in Obsidian Finance Group, LLC v. Cox (Case No. CV-11-57-HZ) ruled that a self-proclaimed "investigative blogger" could not avail herself of Oregon's shield law [ORS 44.510-44.540] to avoid disclosing the identity of confidential sources to the plaintiff in a defamation suit.

Obsidian sued Crystal Cox for allegedly false statements appearing on several Web sites, including her own obsidianfinancesucks.com (catchy). Among the purported defamatory content are allegations of tax fraud and fraud against the government. Cox, who is defending herself in the suit, sought protection under the shield law, contending she is a member of the media.

The federal court disagreed, noting that she is not affiliated with any print or broadcast medium. More to the point, the court cited a provision of Oregon's shield law that "do[es] not apply with respect to the content or source of allegedly defamatory information, in [a] civil action for defamation wherein the defendant asserts a defense based on the content or source of such information.” As the underlying claim in the lawsuit is defamation, the statute offers no shelter for Cox, the court ruled.

Tip of the hat to Chicago attorney Evan Brown's Internetcases.com blog for picking up on this case.

Deck the Halls (& Columns) With Clients of Holly

Image via WikipediaWhile trying to keep pace in grading the tsunami of end-of-the-semester term papers, the crack team at "TUOL" overlooked a local egregious ethics breach by a columnist at the tabloid Boston Herald.

A tip of the hat to the Blue Mass Group political blog that first brought to light last week Herald columnist Holly Robichaud's piece about potential challengers to fill the Congressional seat being vacated by Democrat Barney Frank after a mere three-decade run. Robichaud touts Mass. Rep. Shaunna O'Connell (R-Taunton), a freshman (freshperson?) legislator who ousted long-term Democratic Rep. James Fagan.

Robichaud suggested O'Connell "could pose a serious threat for the Democrats" eager to retain Frank's seat. Prognosticating about elections is red meat for columnists, but the "rub" as Shakespeare used to say, is that Robichaud also is a principal at the Tuesday Associates political consultant shop, which--now don't get ahead of us, readers--has pocketed more than $17k since 2009 from client Shaunna O'Connell, according to the Commonwealth's Office of Campaign & Political Finance ("OCPF"). Nowhere in her column handicapping the Congressional race to succeed Frank does Robichaud disclose she may "wanna Shaunna" to win.

Op-ed or operative? You be the judge.