Explain legal and ethical constraints and the roles of regulatory bodies
BBFC - BBFC stand for the British Board of Film Classification , they are responsible for the rates of films , videos and video games that forfeited exemption from the Video Recordings Act 1984 .
BBFC - BBFC stand for the British Board of Film Classification , they are responsible for the rates of films , videos and video games that forfeited exemption from the Video Recordings Act 1984 .
e.g. such as PG , 18 , 12A etc . (Below is the information for each certificate rating)
The BBFC currently issues the following certificates. The category logos were introduced in December 2002, replacing the previous ones that had been in place since 1982.
Symbol
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Name
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Definition/Notes
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Universal
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All ages admitted, there is nothing unsuitable for children.
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Parental Guidance
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All ages admitted, but certain scenes may be unsuitable for young children. May contain mild language and sex/drugs references. May contain moderate violence if justified by context (e.g. fantasy).
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12A
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Cinema only. Introduced in 2002.Films under this category are considered to be unsuitable for very young people. Those aged under 12 years are only admitted if accompanied by an adult, aged at least 18 years, at all times during the motion picture. However, it is generally not recommended that children under 12 years should watch the film. Films under this category can contain mature themes, discrimination, soft drugs, moderate swear words, infrequent strong language and moderate violence/sex references.
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12
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Home media only since 2002. 12A-rated films are usually given a 12 certificate for the VHS/DVD version unless extra material has been added that requires a higher rating.Nobody younger than 12 can rent or buy a 12-rated VHS, DVD, Blu-ray Disc, UMD or game. Films in this category may include infrequent drugs, infrequent use of strong language, brief nudity, discreet sexual activity, and moderate violence.
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Only those over 15 years are admitted.Nobody younger than 15 can rent or buy a 15-rated VHS, DVD, Blu-ray Disc, UMD or game, or watch a film in the cinema with this rating. Films under this category can contain adult themes, hard drugs, strong language and one use of very strong language, moderate-strong violence/sex references, and undetailed sex activity.
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Only adults are admitted.Nobody younger than 18 can rent or buy an 18-rated VHS, DVD, Blu-ray Disc, UMD or game, or watch a film in the cinema with this rating. Films under this category do not have limitation on the bad language that is used. Hard drugs are generally allowed, and strong violence/sex references along with strong sexual activity is also allowed. Scenes of strong real sex may be permitted if justified by the context.
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Can only be shown at licensed adult cinemas or sold at licensed sex shops, and only to adults, those aged 18 or over. Films under this category are always hard-core pornography, defined as material intended for sexual stimulation and containing clear images of real sexual activity, strong fetish material, explicit animated images, or sight of certain acts such as triple simultaneous penetration and snowballing. There remains a range of material that is often cut from the R18 rating: strong images of injury in BDSM or spanking works, urolagnia, scenes suggesting incest even if staged, references to underage sex or childhood sexual development and aggressive behaviour such as hair-pulling or spitting on a performer are not permitted. More cuts are demanded in this category than any other category.
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ASA - The ASA stands for the Advertising Standards Authority , the ASA is the body that regulates both broadcast and non-broadcast advertising . The ASA also run the Copy Advice service that give rapid free advice to advertisers to help them from falling foul of the Advertising Codes.
How the ASA works
By educating and training advertisers, the ASA tries to prevent problem ads appearing in the first place. They also monitor advertising to ensure standards are maintained. But they also rely on the public submitting complaints about ads they have come across.
When a problem advert is identified, they will work with the advertiser to resolve the problem. If the advertiser agrees to withdraw or amend the ad, their work is done. If the advertiser challenges the complaint, the ASA may conduct a formal investigation and ask the ASA Council to rule on it.
What does the ASA cover?
The ASA's remit includes:
- Magazine and newspaper advertisements
- Radio and TV commercials (not programmes or programme sponsorship)
- Television Shopping Channels
- Posters on legitimate poster sites (not fly posters)
- Leaflets and brochures
- Cinema commercials
- Direct mail (advertising sent through the post and addressed to you personally)
- Door drops and circulars (advertising posted through the letter box without your name on)
- Advertisements on the Internet, including banner and display ads and paid-for (sponsored) search
- Marketing communications on companies' own websites and in other, non-paid-for space under their own control
- Commercial e-mail and SMS text message ads
- Ads on CD ROMs, DVD and video, and faxes
- We regulate sales promotions, such as special offers, prize draws and competitions wherever they appear
An example where the ASA has taken action and banned an advert is when they have banned a Kerry Katona advert that was advertising a payday loan. This is because some people complained to the Advertising Standards Authority (ASA), who said it suggested the money could help to fund a celebrity lifestyle.
Others complained it was irresponsible because it focused on her financial problems and encouraged people in similar situations to borrow cash.
http://www.bbc.co.uk/newsbeat/22452368
OFCOM - has wide-ranging powers across the television, radio, internet, telecoms and postal sectors. It has a statutory duty to represent the interests of citizens and consumers by promoting competition and protecting the public from what might be considered harmful or offensive material. Some of the main areas Ofcom presides over are licensing, research , codes and policies, complaints, competition and protecting the radio spectrum from abuse.
What they do
Our main legal duties are to ensure:
What they do
Our main legal duties are to ensure:
- the UK has a wide range of electronic communications services, including high-speed services such as broadband;
- a wide range of high-quality television and radio programmes are provided, appealing to a range of tastes and interests;
- television and radio services are provided by a range of different organisations;
- people who watch television and listen to the radio are protected from harmful or offensive material;
- people are protected from being treated unfairly in television and radio programmes, and from having their privacy invaded; and
- a universal postal service is provided in the UK – this means a six days a week, universally priced delivery and collection service across the country; and
- the radio spectrum (the airwaves used by everyone from taxi firms and boat owners, to mobile-phone companies and broadcasters) is used in the most effective way.
http://www.ofcom.org.uk/
Ofcom has banned several adverts such as they banned a Land Rover’s TV advertisement which contained a woman firing a gun . The advert shows a woman taking a gun from a drawer and brandishing it as she chases a man leaving her house. It eventually becomes clear that the gun is a starting pistol. The makers of the advert said it showed a woman playing a joke on her husband, suggesting that "the Freelander Sport triggered sporting behaviour". Ofcom received 348 complaints about this advert, meaning that it was in the top 10 most complained about adverts of all time. It was banned for glamourizing and the normalisation of guns. http://news.bbc.co.uk/1/hi/uk/3617372.stm Another example where Ofcom has taken action is in a Keira Knightley advert which was banned for portraying domestic violence.
Advertising censors have concluded that an anti-domestic advert starring keira Knightley is to shocking and inappropriate for TV. They are refusing to allow it to be broadcast until key scenes are cut. The ad portrays the actress returning home from a film set, to be confronted by her boyfriend who is violent and accuses her of having an affair with a co star. he then viciously attacks the actress, leaving her sprawled on the floor, being kicked repeatedly. The cut was made for the charity women's aid and the advert was then launched.
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Press Complaints Commission - The press complaints commission (PCC) is a voluntary regulatory body for British printed newspapers and magazines, consisting of representatives of the major publishers. The PCC is funded by the annual levy it charges newspapers and magazines. It does so primarily by dealing with complaints, framed within the terms of the Editors' Code of Practice, about the editorial content of newspapers and magazines.
Examples :
Sensationalism - An example of this could be The london riots , becuase its a source of violence and crime and present trough graphics / images . Newspapers may use these story lines to grab our attention to the graphicial images just like the riots , if we see the picture of the fire and the police it could grab our attention , and makes us want to read the article beyond the image.
Libel- An example could be Phone hacking , because they wanted a large some of money and had to go to court (Robert Merdock)
Inaccurate reporting - An example could be Adele had cancer, becuase the facial information isnt true.
Offensive Material- The football hanshake incident (it was a racial offense) between Luis Suarez and Patrick Evra . Suarez was banned for
eight matches for racially abusing Evra during the Premier League encounter
at Anfield in October and his refusal to shake Evra's hand on Saturday
contributed to an ill-tempered game.
Chequebook journalism- Ryan Giggs cheating , he payed to keep his affair "quiet" , but it costs him around £1.5 million .
Privacy and Paparazzi-
a certain celebrity saids they dont wont a certain photograph published in a magazine or newspaper , to do with their privacy , and they agree they wont such as the Guardian and they then publish it then this is privacy and paparazzi . An example of this could be the photos of Kate Middleton while on holiday in France, the French publication that first ran the scandalous pictures, and a female photographer at regional newspaper La Provence have been charged with "invasion of privacy."
The controversial photos showed a topless Duchess of Cambridge sunbathing with her husband, completely unaware that cameras were snapping her every move.
a certain celebrity saids they dont wont a certain photograph published in a magazine or newspaper , to do with their privacy , and they agree they wont such as the Guardian and they then publish it then this is privacy and paparazzi . An example of this could be the photos of Kate Middleton while on holiday in France, the French publication that first ran the scandalous pictures, and a female photographer at regional newspaper La Provence have been charged with "invasion of privacy."
The controversial photos showed a topless Duchess of Cambridge sunbathing with her husband, completely unaware that cameras were snapping her every move.
Negative Representation- Frankie Cocozza , because of his drink , drugs and sex in the media which shows a bad representation on the television show xfactor becausehe was on that representing himself as a musical artist and his family and friends and other teenagers , because this can be a stereo typical view towards young adults .
Public right to know- An example could be about politics and the law , because this is something we need to know as part of a multiculture society with new laws being made . An example of public right to know could be when Madeleine McCann went missing this went virally all over the news and even The News of the World offered a reward of £1.5million if anyone has found her. This would be an example for public right t know as someone's child has gone missing, in which the parents would want to know about her abduction, buy putting this news world wide this would help resulting where she might be.
Do cover magazines & newspapers
Does NOT cover advertisment
Does NOT cover books
Does NOT cover blogs
They are voluntary
Cover commercially avalible newspapers & magazines , expect those who dont sign up
for example : 'Daily Express' , 'Daily Star' , 'Ok Magazine'
Royalties - (sometimes , running royalties , or private sector taxes ) are usage-based payments make by one party.
Performing Rights are the right to perform music in public. It is part of copyright law and demands payment to the music’s composer/lyricist and publisher (with the royalties generally split 50/50 between the two).
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it .
Equal opportunities means that everybody should have the right to be equal , in media terms this means that who ever is being represented in a newspaper should be shown as everybody else e.g. different countries , races , cultures , individuals , age , gender ; furthermore the media shouldn't be prejudice against or against individuals and in the society. e.g. a newspaper would be breaking equal opportunities if they said "England is a better country than France" , " Christianity is stupid compared to our culture Hinduism" .
Broadcasting Act 1990 :
The broadcasting act is a law introduced by the British parliament,
which is to change the structure of television broadcasting.
In radio
In radio, it allowed for the launch of three Independent National Radio stations, two of them on medium wave using frequencies formerly used by the BBC, and the other on FM using frequencies formerly used by the emergency services. It set out plans for many more local and regional commercial radio stations, generally using parts of the FM band not previously used for broadcasting, which have since come to fruition. Its plans for expanding community radio were only really developed in the 2000s.
In
television
In television, the Act allowed for the creation of a fifth analogue terrestrial television channel in the
Censorship - Is the suppession of speech or other public communication which may be considered objectionable, harmful, sensitive, or inconvenient as determined by a government, media outlet, or other controlling body.
Angry letter to OFCOM - complaint letter :
Dear OFCOM ,
I am irritated and annoyed that in Coronation Street you
showed the character Owen Armstrong hit a 10 year old girl , who is not
his. He was really laying into her , or was that the writers intent ? .
It is physical abuse , its bullying. They should pick on someone their
own size or go to the guardian. I find this very offensive material
that Faye is not Owen’s child , therefore he shouldn’t be doing the
discipline . Violence is never the answer , and i don’t believe that
you should ever hit a child . And the reason being that he done this
was because she had killed his fish . She’s only 10 years old , and it
was deemed illegal to use excessive force which causes marks as a
regulation this shouldn’t be shown at this time . This type of
material should only be shown to a demographic after watershed times as
this is a type of abuse. Furthermore i feel very upset about the issue
and i hope you can understand my point of view , as a regular viewer.
Yours sincerely Amber Gardiner
Why we have legal and Ethical issues
legal and ethical issues are put in place in order to protect the consumers/ the audience and to protect companies. The ASA have legal and ethical issues in place to make sure they have no offensive material broadcasted that was offended any demographic audience. An issue within the media industry can be copywriting. legal implications can help protect media sources which are original ideas/ material so that no other business/ person can steal there idea. However copyright can only be taken action for the design of the idea not the idea itself. Health and safety advisors in the TV and film industry give help and advice on health and safety management systems with each film or production. This helps apply health and safety regulations arrangements by applying the appropriate personnel in the workplace . It is important before filming that you fill out a risk assessment to identify any hazards or any potential hazards that could occur when filming/ working. This will ensure everyone is safe and highlight the different kinds of risk in location areas and the use of equipment. An employee in a workplace has employee rights which include a safe, clean workplace, pay during sick leave, the rights for flexible hours, regular breaks, and training time. Equal opportunities will be considered as part of legal and ethical issues as everyone should be treated the same/ equally, as they should not be treated differently by their age, religion, disability, sex, ethnic origin etc.
In production/ film or TV companies have certain things that need to be kept as a secret e.g. a script to new up and coming film, so that other companies can't steal the idea and also so this doesn't ruin the storyline/ plot, furthermore this will help protect the company. and stop them from losing business and potential customers. To keep to this employees may have to sign a contract/ confidential agreement when working on a project. Regulation bodies help protect material and stop offensive material being broadcasted, in which if they have many complaints companies such as ASA and Ofcom will band them from TV before offending any other consumers. The film industry must make sure they don't mislead their audience by changing/ altering facts of products as this could lead to lack of audience trust in the business which will lead to a bad reputation of the company and give them a bad name by complaints from their demographic. TV producers are responsible for protecting any content that may be unsuitable for children/ young people as well as protect their rights of freedom of expression and freedom to receive information. Watershed is an example to help protect and warn viewers of any offensive content required in a TV show/ film. Privacy is also important in media such as the press/ paparazzi on celebs, as they may not want people to interfere with their personal lives or to be broadcasted in any material that the person doesn't want to appeal in e.g. in documentaries a person may want their voice to be heard but are shown in a silhouette/ blurred face as they don't want there face to be shown.
I am irritated and annoyed that in Coronation Street you
showed the character Owen Armstrong hit a 10 year old girl , who is not
his. He was really laying into her , or was that the writers intent ? .
It is physical abuse , its bullying. They should pick on someone their
own size or go to the guardian. I find this very offensive material
that Faye is not Owen’s child , therefore he shouldn’t be doing the
discipline . Violence is never the answer , and i don’t believe that
you should ever hit a child . And the reason being that he done this
was because she had killed his fish . She’s only 10 years old , and it
was deemed illegal to use excessive force which causes marks as a
regulation this shouldn’t be shown at this time . This type of
material should only be shown to a demographic after watershed times as
this is a type of abuse. Furthermore i feel very upset about the issue
and i hope you can understand my point of view , as a regular viewer.
Yours sincerely Amber Gardiner
Why we have legal and Ethical issues
legal and ethical issues are put in place in order to protect the consumers/ the audience and to protect companies. The ASA have legal and ethical issues in place to make sure they have no offensive material broadcasted that was offended any demographic audience. An issue within the media industry can be copywriting. legal implications can help protect media sources which are original ideas/ material so that no other business/ person can steal there idea. However copyright can only be taken action for the design of the idea not the idea itself. Health and safety advisors in the TV and film industry give help and advice on health and safety management systems with each film or production. This helps apply health and safety regulations arrangements by applying the appropriate personnel in the workplace . It is important before filming that you fill out a risk assessment to identify any hazards or any potential hazards that could occur when filming/ working. This will ensure everyone is safe and highlight the different kinds of risk in location areas and the use of equipment. An employee in a workplace has employee rights which include a safe, clean workplace, pay during sick leave, the rights for flexible hours, regular breaks, and training time. Equal opportunities will be considered as part of legal and ethical issues as everyone should be treated the same/ equally, as they should not be treated differently by their age, religion, disability, sex, ethnic origin etc.
In production/ film or TV companies have certain things that need to be kept as a secret e.g. a script to new up and coming film, so that other companies can't steal the idea and also so this doesn't ruin the storyline/ plot, furthermore this will help protect the company. and stop them from losing business and potential customers. To keep to this employees may have to sign a contract/ confidential agreement when working on a project. Regulation bodies help protect material and stop offensive material being broadcasted, in which if they have many complaints companies such as ASA and Ofcom will band them from TV before offending any other consumers. The film industry must make sure they don't mislead their audience by changing/ altering facts of products as this could lead to lack of audience trust in the business which will lead to a bad reputation of the company and give them a bad name by complaints from their demographic. TV producers are responsible for protecting any content that may be unsuitable for children/ young people as well as protect their rights of freedom of expression and freedom to receive information. Watershed is an example to help protect and warn viewers of any offensive content required in a TV show/ film. Privacy is also important in media such as the press/ paparazzi on celebs, as they may not want people to interfere with their personal lives or to be broadcasted in any material that the person doesn't want to appeal in e.g. in documentaries a person may want their voice to be heard but are shown in a silhouette/ blurred face as they don't want there face to be shown.
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