Part I – Essay Assignment: The Attachment To This Email Desc

Part I – ESSAY ASSIGNMENT The attachment to this email describes The Fa

The attachment to this email describes the fact pattern you should address in your written essay, an important part of the final graded assignment assigned to you in this course. Remember that I expect a minimum of 5 pages covering all points raised in the attachment. Different assignments have been distributed among your classmates. Please prepare your essay without sharing responsibility for same with any classmates, but feel free to talk over the issues in your assignment with others when organizing your thoughts. Remember that I expect all subjects to be analyzed in your papers with discussions about applicable ethical/moral considerations and duties; and also any applicable legal requirements controlling the behaviors and decisions in the facts you are assigned.

Mention the federal and state laws and requirements we covered in your reading assignments using their correct names or abbreviations (Examples, Civil Rights Act of 1964; OSHA, FDA, The Fair Wage Standards Act, the Americans with Disabilities Act or ADA, etc.). Mere references to the US Constitution or the Bill of Rights are considered inadequate legal descriptions of the laws involved. The paper should follow the APA style guide, should include a cover sheet, content section and a reference section with reference materials set forth in the format required under the APA requirements, so your instructor can find the particular sections and pages relevant to your essay when looking at your references.

Therefore, give page numbers and chapter references, particularly for books and publications, not just a reference to an article or publication, unless the referenced material is so brief that no other information is required. The full webpage designation for online references should be included so that the source material can be found by inserting the reference into a web browser window. If the assignment does not suggest a particular fictional recipient of business Committee/Officer as the recipient of your essay, write your essay as if it was to be a personal memo for your own recollection and analysis, for your use in future business meetings with employers, attorneys, advisors, etc. FINAL ESSAY SCENARIO – ONLINE STATION MANAGER Your employer, W123.COM , is located in New York City.

It has hired you to supervise the staff of its English language online news and public interest internet station. This media provider obtains its revenue from advertising and sponsorship of a streaming video website which offers both live streaming and video formatted materials to its viewers. Your audience is primarily online viewers in the United States. The station depends on its successfully attracting viewers. It uses its online viewership claims to justify how much it charges advertisers for ad placements during differing hourly segments of the day and differing marketing projections based upon the reported locations of the electronic devices receiving its programming measured by internet data services.

It can also target advertising based on gender, age, purchase histories, subject interest, income range, educational level, musical tastes, probable political affiliation and ethnicity of its audience; all estimated by the data services it contracts with using data generated by their sorting of available electronic data using algorithms. It also provides advertisers placements online based on generic total viewership totals during time segments if they request non-targeted advertising, usually selling it at lower rates ads that appear in all broadcast streams not sold to more targeted viewers. Your sales department has recently been hired by a chain of medical offices located in New York and the greater Washington, D.C. areas, to advertise their services to viewers who are probable cancer patients based upon their internet search and viewing histories.

That customer has now requested that you expand the filtered audience for its advertisements by requesting your IT department to run a customized algorithm which it stated will bypass standard internet privacy protection software and obtain the internet addresses and in some cases the names of medical patients setting appointments and communicating on line with cancer treatment medical centers and physicians, permitting ads designed to be personalized and recommending appointments be set by clicking on the ad and speaking to a representative who may have important information about their “present health needs.†You suspect that some of your audience may interpret this to be a communication sent by their own physician or hospital.

Another major advertiser is spending large sums advertising a “100% natural†drink, Dyna-Wham,†containing vitamins and other health extracts which it advertises to be more potent than Viagra and equally effective in raising the libidos of men and women who consume it for at least 30 days. It is sold, without prescription, online. The advertiser is being investigated by the FTC for making false representations about the effectiveness and results usually obtained from its product’s use as directed. There were news stories suggesting this product may cause high blood pressure in users and that it is suspected to be the cause of several recent heart attacks and deaths; but no court cases have yet been lost by the advertiser.

You have also recently read an industry article stating that young and comely female video stream newscasters tend to retain online attention of viewers for longer intervals than male newscasters adjusting for all other relevant factors. If correct this could have important effect upon station income, and it would be an easy matter for you to instruct your station to replace all male newscasters with young attractive females. An advertising firm representing multiple political candidates facing primary elections also has inquired about purchasing advertising targeted only to audience members generated by a custom algorithm designed to identify those likely to vole in primaries in which its clients have qualified to run.

It also wishes to leave “cookies†on the devices where its advertisements are seen. Your salesman has told you these cookies will also communicate any social media postings and passwords enabling the advertiser to track particular issues of interest so that future advertising can be designed to address those issues, and be personalized to request campaign contributions from potentially interested voters, noting that the station’s future advertising revenue will in part come from any such contributions. Finally, your station is advertising for student volunteers to work for you as unpaid interns. The unpaid interns will assist the staff in producing video productions and operating streaming program lighting, cameras and sound equipment.

Your top announcer also plans to invite the intern staff to visit her home to help erect a brick backyard barbeque which will then be used to prepare a meal at company expense for all interns and other staffers the following weekend, which construction and meal will be disclosed at hiring to weed out any applicants uninterested in hard work. All interns will be eligible for course credit in their broadcasting curriculums. The interns’ assistance on the station’s video stages will allow you to move some of the present stagehands to help clerical staff with a paperwork filing backlog and scanning projects that are overdue in your accounting and sales departments. Prepare a summary of your thoughts on these subjects to be presented to the station’s corporate owner’s management and directors; which you will later use when making an in person presentation and answer any questions. Be sure your paper addresses all legal and ethical considerations about these various campaigns and explains your reasoning for planned and/or recommended courses of action as to each of these matters.

Paper For Above instruction

The following comprehensive analysis evaluates the complex ethical and legal issues associated with the content and strategies of W123.COM’s online news station operations, as described in the assigned fact pattern. It considers advertising practices, data collection and targeting, consumer protection, employment, and privacy laws, emphasizing the importance of compliance with federal and state regulations, ethical standards, and responsible corporate conduct in the rapidly evolving digital media landscape.

Legal and Ethical Frameworks Governing Digital Advertising

The operations of W123.COM are governed by a myriad of legal statutes and ethical standards designed to regulate truthful advertising, consumer privacy, data security, and employment practices. The Federal Trade Commission (FTC) Act stands paramount in regulating deceptive advertising and unfair business practices, especially relevant to the investigation of the “Dyna-Wham” product. The Food and Drug Administration (FDA) oversees health-related claims and the safety of nutraceuticals, including unregulated dietary supplements marketed online, emphasizing the necessity to avoid false or misleading health claims, as highlighted by the FTC investigations and news reports.

At the federal level, the Americans with Disabilities Act (ADA) and the Civil Rights Act of 1964 impose prohibitions against discrimination based on disability and other protected classes, thus influencing how demographic targeting and advertising are conducted. State laws, such as New York’s General Business Law and privacy statutes, complement federal statutes, emphasizing transparency and consumer rights. Additionally, the California Consumer Privacy Act (CCPA) and other state-specific laws strengthen protections regarding online data collection, cookies, and targeted advertising, requiring explicit user consent and clear disclosures, impacting practices such as cookie deployment for political campaigns and targeted medical advertising.

Data Collection, Privacy, and Consumer Rights

The planned use of customized algorithms to bypass privacy protections and gather sensitive health information raises significant legal and ethical issues. Under the Health Insurance Portability and Accountability Act (HIPAA), the collection of health information is strictly regulated, especially regarding protected health information (PHI). Using targeted algorithms to access PHI without patient consent violates HIPAA and infringes on individual privacy rights, potentially exposing the station to substantial legal liability. Ethical considerations demand respecting consumer privacy and avoiding manipulative practices that could cause psychological harm or breach trust.

Furthermore, the deployment of cookies and tracking technologies to monitor voters and social media activity introduces concerns about consent and transparency. The CCPA and GDPR require explicit user consent for tracking cookies and personal data use, which is violated if cookies are placed without proper disclosures. Such practices can lead to legal sanctions, loss of consumer trust, and reputational damage, underscoring the importance of ethical transparency and adherence to privacy laws in political and medical advertising strategies.

Advertising Claims, Consumer Protection, and Regulatory Compliance

The promotional claims made by the “Dyna-Wham” product exemplify challenges in truthful advertising, especially concerning dietary supplements and nutraceuticals. The FTC’s scrutiny exemplifies the legal requirement that health claims must be substantiated by scientific evidence, and misleading statements are unlawful. The potential health risks associated with the product, such as high blood pressure and cardiac events, heighten ethical questions about the station’s responsibility in promoting such products. Ethically, the station should ensure that advertisements do not promote false or unsubstantiated health claims, aligning with FTC and FDA regulations.

The use of targeted advertising based on demographic and psychographic data to influence voter behavior and political opinions also has legal implications under federal laws against electioneering laws and the misuse of personal data. The 'micro-targeting' of political ads presents risks of misinformation, manipulation, and voter disenfranchisement. Ethical considerations should guide the station to avoid manipulative practices and ensure fair representation and transparency in political advertising, consistent with Federal Election Commission (FEC) regulations and democratic principles.

Employment Practices and Intern Program Ethics

Employing unpaid interns for station support activities poses legal and ethical challenges. Under the Fair Labor Standards Act (FLSA), unpaid internships must primarily benefit the interns, involve training similar to academic programs, and not displace paid employees. The intern’s participation in station activities such as erecting a backyard barbecue and working on production stages—all disclosed at hiring—must be scrutinized to ensure compliance with minimum wage laws and proper labor standards to prevent exploitation and maintain fairness.

Additionally, inviting interns to personal homes blurs boundaries between employment and personal time, raising ethical concerns about professionalism, safety, and favoritism. Ethically, the station should establish clear internship policies aligned with labor laws and emphasize a professional, non-coercive environment that respects the interns’ rights and educational benefits.

In conclusion, W123.COM’s diverse operational strategies necessitate a comprehensive legal and ethical review to safeguard against legal sanctions and uphold corporate integrity. The station must adhere to federal and state regulations on advertising, privacy, consumer safety, and employment, guided by ethical principles of transparency, honesty, and respect for individual rights. Proactive compliance measures, ethical advertising standards, and transparent communication are essential to sustain trust and operational legitimacy in the dynamic digital media landscape.

References

• Federal Trade Commission. (2022). FTC Consumer Protection Principles. https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection
• Food and Drug Administration. (2021). Regulations for Dietary Supplements. https://www.fda.gov/food/dietary-supplements
• Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub.L. 104–191, 110 Stat. 1936.
• California Consumer Privacy Act (CCPA), Cal. Civ. Code §§ 1798.100–1798.199.
• Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq.
• New York General Business Law, NY GBL § 349.
• Federal Election Campaign Act (FECA), 52 U.S.C. §§ 30101-30146.
• American Psychological Association. (2020). APA Publication Manual (7th ed.).
• European Union. (2018). General Data Protection Regulation (GDPR). https://gdpr.eu/
• U.S. Department of Justice. (2019). Employment Discrimination Laws. https://www.justice.gov/olc/volume-51