Sunday 17 February 2013

Regulatory bodies in the media industry

Press complaints commission

The PCC (Press complaints commission  regulate any public complaints administered regarding publications and the press. The organisation was founded in 1955 by Lord Wakeham. The PCC enforces its powers by responding to complaints by the general public. This complaints are deemed suitable if the editor has went against any morale or legal issues surrounding the press. These range from things such false information being published, harassment by journalists, libel, slander etc. After a complaint has been accepted the usual procedure is for the person involved to issue a letter of apology. This could be done publicly in  a newspaper depending on the severity. After this the PCC will take steps to ensure the editor or journalist does not make the same mistake again.



The organisation has received much criticism for being far to lenient  For example during the phone hacking scandal many MP's claimed the company was useless and weak. This is due to it being a voluntary regulatory body with no real legal powers. Due to this, the leveson enquiry started in order to further regulate the press. (An explanation of the leveson enquiry can be found in one of my earlier posts)


Ofcom

Ofcom (The office of communication) is an organisation that monitors the following :
  • Television
  • Radio
  • Telecommunications
  • Wireless communications
  • Consumer protection law
When a person complains to Ofcom an investigation on the topic is normally undertaken. If after the investigation it turns out the broadcaster has breached any guidelines then sanctions will be given. This range depending on the severity of the offence. Often Ofcom can fine the producer or person. In very sever cases the broadcaster may be banned from broadcasting in the future for breaching the broadcasting license.
Recently Ofcom held an investigation into internet connection based on region and country. This was due to the fact many areas struggled getting high speed internet. As a result of the investigation Ofcom brought in new 'NGA' technology. This was to ensure everyone had the same amount of reliability and convenience regarding communications. They hold many investigations such as these in order to provide the public with a better communication service. Another example would be their investigation into 'Press TV'. This was when a journalist interviewed a prisoner by force. A full investigation was held and many law enforcement agencies such a MI6 were involved.

Advertising standards authority

The ASA is a self-regulating body which monitor the distribution of advertisements across the U.K. They regulate every form of ad ranging from physical billboards to online ads on the internet. The purpose of the company is to try to keep advertisements within the U.K professional and refrain advertisers causing potential harm to the public. They take thousands of complaints a year for a range of reasons. They normally deal with; potentially harmful material, obscene/offensive material and misleading information or false advertising. Deciding whether an advertisement is harmful is normally done through the UK advertising codes. These are a list of strict guidelines which define what is seen as acceptable or not acceptable based on the subject matter. The ASA normally refer to these when dealing with a case or compliant. If the advertiser is breaching the code then they will be forced to withdraw the product.

Two incidents involving the company apple breached this companies code of conduct. The first one being an advertising claiming their apple mac to be 'The worlds fastest personal computer'. This advertisement was banned due to it being misleading and not nesseceraly true. Another advertisement for their product the 'Iphone' was also banned for false claims which stated it could 'access al of the internet'. This was banned due to the iPhone's lack of flash player support meaning the advertisement was untrue.

The British board of film classification

The BBFC regulate the publication and broadcast of films within the UK. They decide what the age rating will be on a film being sold on DVD or in cinema. The factors which the BBFC take into consideration when classifying a film are :
  • Drug use and references
  • Sex and nudity
  • Horror
  • Bad language
  • Violence
Every film needs to be checked by the BBFC upon release. Therefore, any film sold that has not been checked and classified will be deemed as illegal. When the BBFC are checking a film they may have to make cuts if the scene is to extreme. A fine of up to £5000 can be administered to a person selling a classified film to someone under the age rating.

An example of the origination in action would be in the 60's when the film rebel without a cause was cut. This was due to the fact it encouraged 'Teenage rebellion'. In it's early years the company received much criticism for incidents such as this. This was due to people believing they were being to strict. However, lately the company has began to relax more based of many of the public's criticism  For example scenes depicting hardcore sex are now acceptable if they have an adult R18 rating. Another example would be the film 'Anti-Christ'. This gained much controversy when the BBFC let it go through to box office uncut. Due to the extreme scenes such as self mutilation and real sex many complaints were sent to the BBFC. Many critics commented that the company had failed there duty to the public by allowing such a film to be released. Although, it still was released the BBFC claim that 'The extremity' of the film is made apparent to viewers before watching the film.

Performing Rights Society


The performing rights society regulate the distribution of music and its royalties to songwriters and artist. Their purpose is to make sure writers and composers are treat fairly for their work in terms of copyright and royalties. The organisation regulates music in the form of recorded media, online, broadcasting and public performance. They control the royalties in which song writers and composers get for when their piece of music is played. The money in which the artist is paid by PRS comes from license fees. This is the companies source of income and which gives them the money to pay artists. A licence is needed to be bought for businesses to play music within their building. The cost of this license varies on the size of the building, the amount of people within it and how many music players they are. Failure to adhere to the organisations code of conduct which includes the legal requirement of owning a license, will have consequences  For example if a business is playing music without a license then a PRS representative will  visit the premises. They will make sure the owner is not infringing copyright by playing PRS regulated music. The owner or landlord will usually be charged for damages depending on the severity of the situation.

An example of PRS's code of conduct being breached, would be a case in 2007. A Scottish car company were took to court due to the fact the radio could be heard by colleagues. Anther would be a case regarding 11 police stations. These buildings also were not paying a license and were forced to pay damages for copyright infringement.

Regulatory bodies - issues - Media Industry

Introduction

In the media industry there are organisations known as 'Regulatory bodies' whom regulate the media. This is to make sure people within the media abide by any guidelines or ethical guidelines which they may be. In the post I am going to be explaining the issues surrounding regulatory bodies in the media industry.

What is a monopoly ?
A monopoly is when a specific company or brand name have a hold over the majority of a particular market. This lessens competition resulting in less of a chance in smaller companies to succeed. An example of this would be Rupert Murdoch's (Owner of news corporation) hold over the world's press and media. Due to he fact, he owns so much of the worlds media industry, their is barely any room for other stake holders or organisations. A monopoly can be beneficial in a sense that it increases the revenue of a company. This means that the company can then invest in things such as research or better technology. This can overall result in the business coming out with much better products due to their high profit margin. However, If a company has a monopoly they are less likely to invest in other businesses. This cause a detrimental effect on the market. It will also leave little to no room for any competition which can hinder new innovative companies breaking into the market.

Why is it it important to ensure that no one single media producer in the UK has a monopoly ?

It is important to maintain a range of producers owning different aspects of the media industry. This is because if one producer has control over the whole of a media sector than they gain monopoly. Having one producer owning a monopoly could be detrimental to the industry. This is due to many reasons, the main one being that their will be no room for competition. Due to the single producer have a hold over the sector no over companies or producers will stand a chance. This will hinder diversity within the industry because no new companies can come in bringing new ideas and products. Instead, the single producer will release products and services which suit them and help their company gain more power. All in all, it is imperative to ensure a single producer doesn't have a monopoly. This is in order to maintain diversity within the industry and leave room for other companies.

Why is consumer choice important ?

 Consumer choice means giving the customers of your product the right of choice in regards of how they purchase and utilise the product. For example when buying a fill having the options of purchasing it on other formats such as digitally. This is important as it increases convenience for the consumer. It also ensures the product can fulfil a range of required purposes. This means that sales will increase because more customers will rely on the company, due to the range of choice and convenience. Consumer choice could also apply to a series of different companies. For instance, their are a range of companies producing smart phones. This is important as it reinforces diversity within the industry and ensures a range of companies can earn money. It also helps us as a customer, giving us more of a range of options so we are not bound to one company. An example of a company who gives their customers consumer choice would be 'Apple'. They originally produced musical devises. However through the use of vertical integration they now create many other types of similar products. These are ranging from mobile phones, tablets and t.v's. This gives their consumer more for a choice as to what type of device they want to buy. This will increase their sales as many new customers now have a range of options that can suit them.

What is censorship ?

Censorship is the act of withholding information or a production from the public. This is usually done because the product is seen as potentially harmful or offensive. Censorship is controlled depending on what media sector you are working within. For instance, the ASA (Advertising Standards Authority) control the censorship of advertisements in the UK. This would differ from the BBFC (British board of film classification) who regulate censorship in films.


The advert above is an example of media censorship in the UK as it was banned. This was mainly down to bad timing, as the London riots were unfolding in Britain upon it's release. Due to this the ASA banned the advertisement as the though it may incite violence or playing with fireworks.


Above is a television advert which was banned due to the effects which it had on the public following it's release. Many parents were complaining that overweight children were getting bullied as a result of it.

Without censorship many harmful advertisements could be exposed to the public. This could incite illegal activities depending on the context of the advertisement  Also obscene advertisement could be published which would have a bad influence on the public (generally minors). However censorship also comes with a few disadvantages. For example it can stop effective and innovative advertisements being released due to bad undertones or references. This in a way restricts the public from seeing advertisement in which they may enjoy. This can also be the same for censorship regarding films. If a film is deemed inappropriate and needs to be censored then it might refrain the viewer from seeing an important scene.

Why should under 18's be subject to particular considerations by regulators ?

Under 18's undergo many exceptions to the rules set in place by regulatory bodies. This is due to many rules in the media regarding under 18's. This is because a person under the age of 18 is not classed as an adult therefore needs to be protected under many acts. These come into many things such as data protection and privacy. Under 18's need to be protected to a responsible degree within media sectors due to being classed as a child or young person. In regards to censorship , minors cannot be portrayed negatively  This is due to discrimination. Also advertisements for alcohol have to be intentionally not aimed at minors. This means young people cannot be used or encouraged to consume alcohol during and advertisement or publication.