Creative Media Production TV & Film
Unit Title A Launchpad into the World
RESEARCH LOG
Name: Emma Butler
Project Title Researching into the media industry
Research Question What legal obligations are there in the media industry?
Method of research: Secondary research, internet, qualitative
Account
Research Findings:
1. www.godnose.co.uk/downloads/alevel/key%20concepts/%20Media%20... · PDF file
some notes on
Media regulation - legal and ethical issues
Legal Issues
Defamation laws (civil and criminal)
Libel - when an unjustified attack is written, published or broadcast in some way.
Most media producers, particularly journalists need to be aware of this.
Slander - a verbal defamation
The media can justify their output
if it can be proved to be a complete fact.
If something is deemed to be fair comment, in good faith.
If something is in the greater public interest and is protected like parliamentary reporting.
Contempt of court - acting so as not to prejudice the outcome of a trial by not naming
individuals protected by the law. Producers/reporters must check with other sources or those
who can provide appropriate checks that this has not happened
National Security - producers most be aware of laws such as The Official Secrets Act
1911 and The Prevention of Terrorism Act.
Copyright
Part of intellectual property law. Originators of material such as books, plays, songs,
photographs etc. have automatic ownership of that piece of work - although its advisable to
obtain legal protection. You cannot copyright an idea, only the application of that idea.
Such work cannot be used or copied without the permission of the originator , usually with
some form of royalty or payment.
A difficult area to regulate. (see songwriting challenges).
Discrimination
It is illegal to discriminate against anyone on grounds of sex, age, disability or ethnic origin
when recruiting or in the workplace. How such groups and issues are presented in the media are
often representational. (e.g. stereotypes)
(2)
Ethical issues
Issues of morality, what is right or wrong. Issues such as exploitation, sensationalism,
offensive material (watershed), privacy etc. are not usually enforced by law.
Regulatory bodies and codes of practise exist often within the industry.
Representational issues are to do with the re-presentation of people,facts,opinions and
events. The process of mediation.
Media regulation
The trend is away from publicly owned companies towards privatisation (lightly regulated
organisations) has continued since Thatcher like policies of the 1980’s not just in this country.
In England the 1990 Broadcasting Act - aimed to keep broadcasting services as independent
as possible. Regulatory bodies such as the ITC (independent television commission) were set
up. As were Channel 4 , S4C and about 50 independent local radio stations.
Creative Media Production TV & Film
RESEARCH LOG
Channel 3 ITV, was released from its obligation to act as a public service.(C 4 still has this role)
BBC required to commission 25% of broadcast material from independent producers.
Led to ‘producers choice’ the increased use of outside production facilities. (cheapest)
Direct Consequences of the Act on Broadcasters
* Production base of BBC and major channel 3 companies has shrunk
* British Broadcasters make some types of programmes with co-production deals (often
with overseas broadcasters
* More small independent companies
* Broadcast staff more likely to be freelance or employed on fixed term contracts.
Regulatory bodies and codes of practise
There are a number of bodies who have been appointed to oversee the regulatory framework
within which the UK Media operate. These include;
ITC & Radio Authority , British Board of film classification (BBFC), Monopolies and Mergers
Commission, Press Complaints Commission (PPC) Advertising Standards Authority (ASA)
ITC - set up by the 1990 broadcasting act
Awards licences to independent broadcasters inc. cable and satellite. Regulates content.
The Radio Authority does much the same thing for Independent radio.
(3)
The British Board of Film Classification
An independent, non government body which establishes the classification of films.
It is local authorities who decide whether to show a film in their area, although they usually
follow the BBFC,s advice.
Some important laws have to be adhered to incl. the Obscene publications act , The
Cinematograph Film (Animals ) act (1937) , blasphemy, libel and the Protection of Children
Act 1978.
Issues of censorship
- Who censors ? the board, individual, parents, government. ? cultural factors
- Why censor ? do we need censorship , in what areas.
Issues of freedom and public interest
Issues rarely clear cut. see areas of propaganda, new media, individual preference.
The competition commission (1999) (replaced the monopolies & mergers commission)
Set up to ensure that no company has too much control over the sensitive media industries.
Becoming increasingly important, due to trends in cross media ownership.
Press Complaints Commission
Created by the newspaper industry itself in 1991, replaced the press council. following criticism
over intrusions of privacy.
Its role today includes the following areas; (based on the 1993 Code of Practise)
the right to reply - gives people or organisations the right to reply to criticism in the press.
Although this is not enshrined in law.
chequebook journalism - to do with bribing people to give exclusive stories to newspapers
Other areas include - printing inaccurate, misleading or distorted material.
Newspapers are expected to distinguish between comment, conjecture and fact.
Other issues include privacy , use of listening devices , misrepresentation , harassment,
discrimination and the interviewing and photographing of children.
Advertising Standards Authority
The ASA code demands that advertising is Legal, Decent, Honest and Truthful.
http://en.wikipedia.org/wiki/Media_ethics#Ethics_of_entertainment_media
Issues in the ethics of entertainment media include:
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The depiction of violence and sex, and the presence of strong language. Ethical guidelines and legislation in
this area are common and many media (e.g. film, computer games) are subject to ratings systems and
supervision by agencies. An extensive guide to international systems of enforcement can be found under
motion picture rating system.
Creative Media Production TV & Film
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RESEARCH LOG
Product placement. An increasingly common marketing tactic is the placement of products in entertainment
media. The producers of such media may be paid high sums to display branded products. The practice is
controversial and largely unregulated. Detailed article: product placement.
Stereotypes. Both advertising and entertainment media make heavy use of stereotypes. Stereotypes may
negatively affect people's perceptions of themselves or promote socially undesirable behavior. The
stereotypical portrayals of men, affluence and ethnic groups are examples of major areas of debate.
Taste and taboos. Entertainment media often questions of our values for artistic and entertainment
purposes. Normative ethics is often about moral values, and what kinds should be enforced and protected.
In media ethics, these two sides come into conflict. In the name of art, media may deliberately attempt to
break with existing norms and shock the audience. That poses ethical problems when the norms abandoned
are closely associated with certain relevant moral values or obligations. The extent to which this is
acceptable is always a hotbed of ethical controversy. See: Turner Prize, obscenity, freedom of speech,
aesthetics.
Further Research and Changes to the Research Plan: