Tuesday, 10 December 2013

Regulatory and Professional Bodies within the Media Sector

BBFC (British Board of Film Classification)

The BBFC stands for the British Board of Film Classification. The BBFC is a non- governmental organisation which is funded through the film industry, this is responsible for the national classification and censorships of films in the UK. They classify different films depending on the content in them. They categorize film in the following way: U, PG, 12, 12A, 15, 18, R18.



OFCOM (Office of Communications)

Ofcom is an independent regulator and competition authority for the UK communications industries. They deal with licenses in Radio communications, broadcasters and TV broadcasts. They also consumer from what might be considered harmful or offensive material, they also make sure programmes should be on at right times. Ofcom regulate the TV and radio sectors, fixed line telecoms, mobiles, postal services, also the frequencies over which wireless devices operate. The founding of Ofcom was announced in June 2001 during the Queen’s Speech to the UK parliament it wasn’t until 29 December 2003 that it was officially launched.
Ofcom became heir to the duties that five different regulators had previously been responsible for, these are:


-          The Broadcasting Standards Commission


-          The independent television commission


-          The office of telecommunications


-          The Radio Authority


-          The Radio communications Agency
If there is a problem Ofcom have the power to step in and take action for the benefit and welfare of citizens and consumers. This includes encouraging competition or resolving regulatory disputes between communication providers. Ofcom also enforce consumer protection law, they protect and manage the radio spectrum, and to ensure that the viewers and listeners are protected from offensive and harmful material, Ofcom treats everyone fairly.

Ofcom: Code of Practise Sections:

-          Section One: Protecting the Under-Eighteens


-          Section Two: Harm and Offence


-          Section Three: Crime


-          Section Four: Religion


-          Section Five: Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions


-          Section Six: Elections and Referendums


-          Section Seven: Fairness


-          Section Eight: Privacy


-          Section Nine: Commercial References in Television Programming


-          Section Ten: Commercial Communications in Radio Programming
 
ASA (Advertising Standards Agency)

The Advertising Standards Authority is the UKs most independent regulator of advertising across all types of media. They apply the advertising codes which are written by the committees of advertising practice. There work includes acting on complaints that are made about the media product and proactively checking the media to take action against misleading, harmful or offensive advertisements.





PCC (Press Complaints Commission)

The Press Complaints Commission is an independent body which administers the system of self-regulation for the press. It does so primarily by dealing with complaints, framed within the terms of the Editors' Code of Practice, about the editorial content of the newspapers and magazines and the conduct of journalists. The editors’ code of practise is the rules that they have to abide by when publishing an advertisement.
The press complaints commission deal with complaints that are made against the press, they protect the rights of individuals and puts the editors into account.

PCC: Editors' Code of Practise Sections:
-          Accuracy

-          Opportunity to reply

-          Privacy

-          Harassment

-           Intrusion into grief or shock

-          Children

-          Children in sex cases

-          Hospitals

-          Reporting of Crime

-          Clandestine devices and subterfuge

-          Victims of sexual assault

-          Discrimination           

-          Financial Journalism

-          Confidential sources

-          Witness payments in criminal trials

-          Payment to criminals



Monday, 9 December 2013

Ethical Constraints within the Media Sector

Ethical Issues within the media industry are much more difficult to judge than legal constraints. This is because there is no set guidelines as to what is and isn’t acceptable in the extent of ethical constraints, this is because ethical issues are based on judgements. These constraints mean that you are working within the accepted norms of society. You are believed to behave in what is considered the right way without offending anyone. Many ethical concerns are upraised by groups of specific people. These groups may find the publication either harmful or offensive, due to how the minority are portrayed. The main ethical concerns in the media industry are:


Protecting under 18s
It is important to protect the privacy of children no matter what, this can be done by the parent or guardian of the child consenting them.

Power to influence the public
This is where the company are able to twist the truth around to make the public believe something that is not neccesarily true, this is often applied in newspaper articles as journalists stretch or twist the truth to recieve a reaction from the public. There's boundaries that can't be crossed in Television so that peoples opinions don't affect the publics opinions.
 

Interviewing vulnerable people or children
It is important to be aware of or not interview a person that looks like a vulnerable subject. For example of someone is doing an interview and the interviewer asks deep and personal questions that could have a negative affect on the interviewee from previous or current situations. The interviewer has to make sure that the questions that are asked aren't too personal or sensitive. This applies to children aswell as they may not know any better or have a clear understanding on it.


Intruding on individuals privacy
This is where you have set boundaries that you have to stick to when it comes to the Media Industry, you do not want to invade someone else's personal space. For example when the french newspaper company took indecent images of the Duchess of Cambridge whilst she was on holiday and published them without her knowledge and consent of the images.

Anything that would cause harm or offence
In the Media Industry you have to make sure that you dont cause any harm or offence to the listeners or viewers, this is because they could have suffered from a problem that could be the topic of a programme but could be offended by how the programme portrays that problem. Or if someone has epilepsy the programme would have to make sure that there is warning message at the beginning of the show warning the viewers of 'flashing lights'. Television companies also provide helplines at the end of their emotional or traumatic story lines  so that if anyone has suffered from it they can have someone to talk too who understands.


Ethical Issues in Radio
In the radio sector their are a lot of ethical constraints that everyone in the industry needs to be aware of so that any of the content on the show can't offend or upset the audience. Constraints can limit your production depending on the content that it consists of and if anyone is sensitive about it. The target audience must be kept in mind so that you know what content include for example if the radio show was just for adults listeners then it would be aired throughout the night and it if it was for young ages then it would be aired throughout the day. Language must be kept to a minimal this includes no swearing or racial abuse whilst on air, of a show uses racial or ethnic abuse this could possibly offend listeners and they could get upset over it, this will lead to complaints being made about the show which you could end up loosing your job. When you work in radio you must be really sensitive on topics and content of your show so that you don't upset or offend anyone. You have to always treat your listeners with respect, for example when you are on air having a phone call with one of the listeners you must always be polite and show respect towards them. You have to include a wide range of different content that will suit your audiences taste for example when playing music you should include a variety of choices based on your targeted audience. You have to ensure that you are working within the accepted social norms when working in Radio. 

Code of Practice
A set of written rules which explains how people working in a particular profession should behave.  A set of guidelines and regulations to be followed by members of some profession, trade, occupation and organization, it does not normally have the force of law. If any of the rules below are broken then it means that the person who has broke them will either get suspended or fired, the case could also be took into the courts hands.
The editors’ code of practice is the rules that they have to abide by when publishing an advertisement they have to make sure of;
-          Accuracy
-          Opportunity to reply
-          Privacy
-          Harassment
-           Intrusion into grief or shock
-          Children
-          Children in sex cases
-          Hospitals
-          Reporting of Crime
-          Clandestine devices and subterfuge
-          Victims of sexual assault
-          Discrimination           
-          Financial Journalism
-          Confidential sources
-          Witness payments in criminal trials
-          Payment to criminals

Many advertisements have been banned by the ASA (Advertising Standards Agency) as they have been thought to give off the wrong impression to people or cause offence. When thinking of the ethical constraints that you could come across in the creative media industry, you need to take the following into consideration:
  • Representation of age, gender, race, diasbiltiy and religion
  • Protecting under 18s
  • Using off the record information
  • Power to influence public opinion
  • Interviewing vulnerable people or children
  • Intruding on individuals
  • Anything that could cause offence or harm
  • For example; Wonga's 'Mr Sandman' advertisement was took off the screen shortly after being aired due to giving off the wrong impression that taking a high-interest loan could be done lightly.The ASA quoted that 'We considered that the claim gave the impression that a high-interest short-term loan was not a financial commitment that required a great deal of consideration and that impression was also compounded by the claims about the simplicity of the application process."
  • A controversial Paddy Power advert became the most complained about UK advertisement of all time, the ASA said that they received over 5000 complaints about the ad. Paddy Power had been offering bets on the outcome of Oscar Pistorious trial, offering money back to all who bet if he walks free from court. The ASA came to their decision of banning the ad after they had over 120,000 supporters on an on-line petition.
  • Controversial advertisement vans have been banned by the ASA after telling illegal immigrants to 'go home' this was against the ethical constraints as its representing race and religion offensively. The ASA received 224 complaints against the Home Office campaign earlier on in the year, the slogan was said to de 'distasteful' and 'irresponsible'.

Tuesday, 26 November 2013

Legal Constraints within the Media Sector

Obscenity Law
This law was created so that production companies don't break the laws by showing graphic scenes or images before a certain time. Content that contains sexual explicit, violent and/or drug takings is reviewed for suitability for the audience, this is decided by the time a production is aired depending on the age range.
An example of this would be:
  • The movie 'Last House on the Left' was banned in the UK due to unrestrained violence and sexual humiliation that runs throughout the movie.
  • The Human Centipede 2 had been refused a certificate by the British Board of Film Classification. This means that the movie can't be released on DVD in the UK due to its graphic scenes and 'real risk of harm to the viewers'. It was also said that the movie may fall foul of the Obscene Publications Act. This was banned for being related to sexual violence, graphic gore scenes, and for breaching the obscenity law.
Libel Law
If you publish/broadcast a story about someone which is untrue what could result in their reputation being damaged you can be sued. This law was put in place to protect organisations or an individual from untruthful attacks on their reputation. Storing certain information about individuals without their consent is illegal. Any records you hold about a person can be opened by that individual under the Freedom of Information Act. Though, when working in journalism you may be protected by the Official Secrets Act which means it won’t be made public. Slander and libel have a lot in common, they both have to do with lies that hurt peoples careers or reputations, Both Slander and Libel are against the law. The definition of Slanders is 'the crime of making false spoken statements that are damaging to a persons reputation'. If the speaker has no proof and says it out loud so many can hear this is illegal and they can be prosecuted. The definition of Libel is 'the crime of writing and printing false spoken statements that are damaging to a persons reputation. It is illegal is the speaker has no proof but writes it for many to read. 
An example of this would be:
  • Actress Cameron Diaz won her libel lawsuit against The Sun after they had made untrue allegations that damaged her personal and professional reputation. The sun claimed that she was cheating on her boyfriend Justin Timberlake with MTV producer Shane Nickerson. 
  • Lord McAlphine was involved in a twitter incident where someone tweeted that he was part of a paedophile ring which had been targeting children at a care home in Wrexham, he then prosecuted Sally Bercow wife of the common speaker John over the false comments that she had made on the twitter network.
Privacy Law Human Rights Act 1998
Legal action must be taken for the misuse of private information. When a media company collects information about someone which is private but still use it to publish a story legal action is taken. This refers to the laws which deal with the regulation of personal information about individuals which can be collected by governments and other public as well as private organisations and its storage use.
An example of this would be:
  • The French magazine company 'Closer' breached into Kate Middleton's (Duchess of Cambridge) private holiday after taking indecent images of her sunbathing topless and published them. 
Official Secrets Act
The Official Secrets Act forbids confidential material from government sources by employees being leaked. It is an offence for a member or former member of the security and intelligence services (or people working closely with them) to disclose information about their work.
An example of this would be: 
  • The News of the World phone hacking scandal: The newspaper company hacked into missing girl Milly Dowler's phone and read through her voice-mails giving her parents false hope that she was still alive. The News of the World was shut down shortly after this case.
  • Clive Pointing had been charged with leaking an internal MoD documents which was concerning the General Belgrano, the Argentinian cruiser which British forces sank during the 1982 Falklands War, killing 360 people. Pointing was clearing of breaking the official secrets act but his case remained the landmark of Official Secret Case.
Copyright and Intellectual Property Law
This law was put into place to protect peoples creative goals so they can benefit from their work. If this law wasn't in place nobody would be able to copy/sell or profit from other peoples work. Programme-makers are liable for ensuring that all essential clearances (copyright, trademarks etc.) have been obtained for their programmes.
An example of this would be:
  • Music band Vanilla Ice had a hit with 'Ice Ice Baby' he sampled the song 'Under Pressure' by David Bowie and Queen but did not credit them. Vanilla Ice denied it at first until he later faced a lawsuit by the duo, he then confessed to sampling their work. This case was settled privately out of court with Vanilla Ice paying a sum of money and crediting David Bowie and Queen on the track.
  • Itunes broke the copyright law as they were allowing Russian films to be bought through the Apple Itunes service without any consent of the copyright holders.

Friday, 11 October 2013

Public and Private Ownership


Public Ownership
This is for companies such as the BBC, where they have everything funded for them through the public’s TV license fees. The BBC takes a little amount of what you pay out of your tv license fee. The reason for this is  because then the BBC don’t need to advertise to create a revenue, so if you’re watching a programme on BBC One, you’ll notice than in between a programme they don’t have breaks where they advertise.


Private Ownership
This is for companies such as ITV, where they money that they earn comes from advertisements and sponsorships. If you are watching a programme on ITV, you’ll notice that in between a programme they have a 5 minute ad break, this is so that they can gain a revenue to keep the company up and running as they don’t earn through the public’s TV license fee. Another way that money can be made in private ownership is through the sales of TV subscriptions. Sky is one of the companies that make money through the subscriptions.