Friday, 22 April 2016

Understanding The Regulation of The Creative Media Sector

The BBFC stands for British Board of Film Classification, which is an independent, non-government organisation and responsible for the classification and censorship of films and videos in the UK.

It also has the power to cut or reject work depending on the content of the product, it was set up in 1912, and was funded by the film industry over time. They are responsible for giving many films their viewing certificates.

A viewing certificate is an age rating, rather, the minimal limit recommended to watch the film depending on the violent, sexual and drug content of the film, as well as morality and its purpose.

How are films given a certification?

In the past few decades, there have been rules and laws for certain film certificates. The law has control over this and who can view said films, most of the time, the authorities accept the recommendations. Often these are violated and are ignored/declined, and there are some examples to this occurring in the industry.

An example of a film that was given an 'x' rating (which is essentially an 18 rating today) was the film 'The Exorcist'. The Exorcist is one of the most well-known and famous horror films ever, but back in 1970, this film received an 'x' rating, for ages 18 and older. However, despite being given an official cinema certificate, the film was banned in other places either way, it was banned by local authorities no matter what.

Following this, there was the more recent 'Monty Python's Life of Brian', which had thirty-nine local authorities flat-out suggested a ban of the film, or banned by imposing the 'x' certificate. The BBFC beforehand, rated the film as an AA film (ages 14+).

This means that films need to be regulated, so that certain audiences don't end up seeing a certain film that may not be intended for them, either them being too old, too young or just not the right demographic either way.

IPSO

Standing for Independent Press Standards Organisation, the IPSO is an independent regulator for the newspaper and magazine industry in the United Kingdom.

The IPSO deals with many different publications, and it regulates them all. They make sure that members of newspapers and magazines (including the papers themselves) follow something known as the Editor's Code.

What is the Editor's Code you ask? It lays out the rules that those who work under newspapers and magazines have to follow. It is written by a committee and it came into effect just in January of this year, the 1st of January 2016.

There are many different things the code covers, some of which include accuracy, privacy, harassment and reporting suicide. There are others in this list of things covered.

Accuracy - They must make sure not to publish inaccurate statements, misleading information or anything that may deform the truth. They must also not have significant inaccuracy, any sort of opportunity to defame someone or any sort of distortion, it must be corrected before publication.

Privacy - Everyone must respect the right for anyone who's covered to privacy, family life and health. This can also include what they do on social media and digital communications, they also have to take into account that it is unacceptable to capture a picture of any individuals, whether the topic or not.

Harassment - All must not intimidate, harass or pursue a topic that could lead to someone feeling targeted or hurt. They have to not persist questions, photographing people or phoning once asked to stop doing so.

Reporting Suicide - Reporters must be sensitive on the topic of suicide, this is due to potential disturbing imagery for certain audiences. They must not show any images or anything visual that could disturb.

Ofcom

Ofcom is a communications regulator in the UK, regulating most if not all sectors, including radio, mobiles and TV.

They ensure that the UK gets a wide range of electronic communications services. They have television services and radio services from many varied organisations. They make sure that people who watch TV are protected from any sort of material that could offend or be deemed harmful to them as an audience.

They prevent people from being unfairly treated by those in media and having their privacy taken from them and being voided.

They do not however, regulate other things, such as the BBC TV licence fee, the content of TV and radio adverts, and newspapers and magazines (unlike IPSO). Reasons for this may be that it's just things that are out of their control, thus they don't regard it as something to regulate as it's caused by other companies, outside sources, and would be too finicky to change and regulate.

ASA

The ASA stands for Advertising Standards Authority, it is an independent regulator of advertising across all media according to their site. They act against things such as misleading audiences, and potentially offensive advertisements.

The ASA have five fields or 'strands' of their 'strategy' that they've claimed on their site.

These include understanding, support, impact, proactive and awareness.

Understanding - They claim to have an authority on advertising and are open to regulatory change, they plan to be fair and balanced in evidence and arguments in media.

Support - They provide support to advertisers to help then create responsible ads. They apparently improve and make their target to advise businesses and inform them on the support they need.

Impact - They spend less time taking on ads that cause little detriment to consumers on their website. However if the complaint implies that some of their rules have been violated, they always will act.

Proactive - They plan to work with others and have a wide assortment of information to scan and tackle problems to make sure that ads that are submitted are responsible and even if they don't officially get the complaint.

Awareness - They try to access the public and make them aware, and they try to engage other people when need be, and they have confidence in their work and support.

Overall they intend to be consistent, reliable, accessible, fair and open to all.

Sunday, 17 April 2016

Understanding The Ethical and Legal Considerations When Working In The Creative Media Sector

Understanding The Ethical and Legal Considerations When Working In The Creative Media Sector


Outline

When in Media, there are many considerations to take in, there are rules, guidelines and barriers that you should not cross, depending on your field. There are many kinds of laws in place, that make sure that certain things are not caused or said as well. Ethics are similar to this, but are not written by law, rather, they're agreed with by the public and only cause issues if crossed. 

Laws

Are written, approved and enforced by a particular government. If you break a law you could face police investigation, court appearance and fine. Such laws that are linked with ethics are mentioned below, including Privacy Laws, Copyright and Intellectual Property Law, and Libel Law.

Ethics

Rules of conducts, responsibility (not the law). If you break an ethical code you may be forced to act with ethical disproval from your peers or professional body. There are issues of entertainment media, and some of these include: violent and sexual depiction, strong language, product placement, taboos and stereotypes.

Legal Constraints

Legislation that controls the creative media sector - Covered by law

They control the media sector and if you do not follow these laws, you will soon be fined and investigated by the local authorities and the police. 

Ethical Constraints

Working within accepted norms of society - What is right or wrong way to behave - Covered by self regulating industry controls.

Privacy Law

The law that is a regulation that protects a persons right to be left alone. Giving people their own space and making sure that things are kept hidden that don't need to be published. People are allowed to lead their lives without public scrutiny. 

'The right to privacy' and the 'right to be left alone' - 'harassment and data protection'.

Data Protection Act - Data can be kept private unless asked to be shared and permission is granted, e.g, the News of the World phone hacking scandal.

Example - Sony CD Spyware - Sony BMG ran into a major privacy flap in Autumn 2005 because of a certain Anti-Virus software that they added to their music CDs called 'XCP'. When played on a Windows PC, the CD installed a hidden rootkit software onto the PC, this then communicated with the CD which was being played, and told the IP of the address of the PC back to Sony.

It also had other issues, such as creating vulnerabilities for worms and/or viruses to exploit on PCs. This was quickly picked upon and critics bashed this concept, proving it to be unhelpful and this led Sony to making a free CD with removal kits for the software. Sony also recalled all of the CDs and their contents, thus they retrieved their mistake, lawsuits were filed against Sony in three places, Texas, New York and California. Sony were soon required to pay $150 to any consumer whose PC was damaged by this software, as punishment for Sony violating this law.

Copyright and Intellectual Property Law

The law that your media may only be seen in particular ways, that your films has certain licensing and trademarks, meaning that you have the rights of the product. 

Something that is unique to you if physically created. i.e an idea is not your intellectual property but the words you write are.

Copyright is a type of intellectual law that protects your work.

By knowing your rights and having the right type of protection you can stop people from stealing or copying: The names of your products or brands, your inventions, the design or look of your products and the things you write, make or product. E.g Hangover Part 2 'Tattoo'/Avatar and William Roger Dean.

Example - Lucasfilm Ltd. v. High Frontier and Lucasfilm v. Committee for a Strong, Peaceful America
When politicians, journalists and scientists, in the mid-1980s, nicknamed the Reagan administration’s Strategic Defensive Initiative (SDI), the “star wars” program, George Lucas’s production company was miffed. It did not want the public’s positive associations with the term to be marred by the controversial plan to place anti-missile weapons in space.
In 1985, Lucasfilm Ltd. filed a lawsuit against High Frontier and the Committee for a Strong, Peaceful America—two public interest groups that referred to SDI as “star wars” in television messages and literature. 
Though Lucasfilm Ltd. had a trademark for Star Wars, the federal district court ruled in favor of the interest groups and their legal right to the phrasing so long as they didn’t attach it to a product or service for sale. “Since Jonathan Swift’s time, creators of fictional worlds have seen their vocabulary for fantasy appropriated to describe reality,” read the court decision.


Obscene Publications Act 1959

"An act to amend the law relating tot he publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning pornography". - Taken from https://www.iwf.org.uk/hotline/the-laws/criminally-obscene-adult-content/obscene-publications-act-1959-and-1964

This act (published in 1959), is an act which enforces that it is an offence to publish, even if you gain something, or nothing at all, any content that can cause deprivation or corruption for those who view or read the publication.

This not only applies to sexual content and explicit sexual scenes in, for example, TV, but it also applies to violent behavior, violent actions and drug taking\manipulation.

An example of a product that was once banned due to its content was none other than the infamous film: A Clockwork Orange. A crime film which was produced and directed by Stanley Kubrick, based on the 1962 novel of the same name. It contained violent images, gangs, political, social and economic subjects in a near-future Britain. The main character was a twisted, sociopath who enjoyed classic music, rape and violence.

Banned in Britain - It was uncut in cinemas in December 1971 in Britain, the film was deemed too extreme with its sexual violence. What didn't help was in a trial of manslaughter, the prosecutor mentioned the film, claiming that it had relevance to the case.

The film was linked to another case, a murder caused by a sixteen year old who pleaded guilty after his friends had told him of the film. After viewing it, they even quoted the film by saying "The beating up of an old boy like this one", the eerie fact is that the murder was on an elderly vagrant.

"Whatever the reason for the withdrawal, it was difficult to see A Clockwork Orange in the United Kingdom for 27 years. It was only after Kubrick's death in 1999 that the film reappeared in cinemas and was released on VHS and DVD." - Wikipedia.

Official Secrets Act 1989

An act that is of the Parliment of the United Kingdom, it replaces the previously applied Official Secrets Act 1911. More specifically, it replaced section 2 of the previous act, where it was an offence to disclose any information that was official, without any authority under the law.

The updated 1989 act changed things, sot hat it is an offence to disclose information only in relation to six specified categories. Also if the information in questions is to be disclosed, and is damaging to the national interest, then it is also an offence. Official information in this case, is any form of information which a government contractor or a crown servant has or has had in their possession.


Libel Law

To publish in print something which is not true or may harm that persons reputation and may bring hate or scorn towards them.

It must be a statement which claims to be a fact and is not clearly identified as an opinion.

Example - Kiera Knightley - The Daily Mail published accusations that Knightley had an eating disorder and had been responsible for the death of a young lady with anorexia. The actress went to court and was awarded several thousand dollars which she handed over to a charity.