Legal Constraints in the Media Industry

Introduction

In this post i will be explaining all of the laws which need to be watched out for when creating a media product. I will also be  discussing the purpose of them and why they are so important.

The broadcasting act

The broadcasting act was introduced by Margaret Thatcher in the year 1990. The purpose of it was to deregulate television and radio broadcasters. This is because most of the channels on television and radio were run by the BBC. This brought the new channel 'channel 5'. The motives of this act were to encourage more independent production company's rather than companies such as BBC and ITV dominating the t.v market. As a result of the BBC was forced to include at least 25 % of its broadcasts from independent production companies. Another impact was that three independent radio stations were allowed to be formed. The two companies which now regulate broadcasting are 'the independent television committee  and 'Radio authority'. As a producer this means I would have the right to create an independent broadcaster in television or radio. However, I would also need to be aware of the two governing bodies and there regulations. This is because they regulate what is deem appropriate or inappropriate for broadcasting. An example of this law being breached would be an incident with 'XFM'. The radio authority placed a £50,000 fine on the radio station. This was because the show included offensive language and many obscene references. Another example would be a similar incident with 'Hallam FM'. They were also fined £50,000 for obscene broadcasting. This was due to the fact they included call-ins involving references to child abuse.

Copyright

The copyright, Designs and patents act 1988, is the current UK copyright law. It gives the creators of dramatic,musical and artistic works the rights to control the ways in which there material may be used. An example copyright laws in action would be SOPA (Stop Piracy Act). Sopa is a law that recently got passed against piracy on the internet. The file sharing website mega upload got shut down due to accusation's for breaching copyright. The owners of the site were charged $500 million. Another example would be the apple vs. Samsung lawsuit  During this Apple took Samsung to court over allegation of stealing the idea of the 'Ipad'. However they lost the case as the judge stated that 'Very few people would confuse an ipad for a samsung tablet'. If I was working in the media industry I would have to be careful about breaching the copyright law. For instance if I was creating some sort of short film which needed a soundtrack I would need permission to use this. This is because the artists work would most probably be copyright meaning I would need to contact the record company. However, to save money it would be more cost effective to use royalty-free music.

Official Secrets Act

The official secrets act which was put into place in 1911 is to protect fragile government information. Its purpose is to protect the public as they feel that release of secret information could damage national security. An example of this law being breached would be the news of the world's phone hacking scandal. This was back in 2006 when the journalist's of the newspaper hacked over 4000 phones. This was breaching the official secrets act due to the fact that they hacked mp's phones. This sparked so much controversy that the news of the world was completely shut down. Another example would be the conviction of Sarah Tisdall. She was sentenced to six months in prison after leaking controversial information to the guardian newspaper. She gave details as to when an american missile would be arriving in Britain  Due to this she was found guilty of breaking the law and convicted. If I was working within the media industry I would have to careful of this law. For example if for instance I was working for a newspaper and somebody disclosed some secret information. If this information was confidential I could not release it as it has the potential to damage the public.

Libel and slander 

Libel is the defamation of ones character through written word. Not to be confused with slander which is the same principle however spoken rather than written. Many sectors of the media industry have to be cautious of this law especially publishing. For instance newspapers have to be careful when reporting an article about somebody. If they produce an inaccurate portrayal of the individuals character then they are breaking the libel law and can be prosecuted. This can also come into play when somebody negatively portrays a company or business. For example if somebody wrote something on a blog negatively about a company that technically isn't accurate they can be accused of breaching libel law. An example of libel or slander law being broken would be the incident between Jonathan Ross, Russell Howard and Andrew Sachs. The incident known as 'Sachs Gate' was a controversial BBC radio Broadcast. During their radio show Russell Brand and Jonathan Ross called beloved actor Andrew Sachs. Many abusive messages were left and this was aired. Not only was this saw as obscene but it was also slander. Due to the defamation of Andrew Sachs's character. As a result of this Russell Brand lost his job and Jonathan Ross was suspended without pay. This incident sparked much controversy due to the fact it was unnecessary and the BBC let them air it. Another example would be the Lord McAlpine scandal. This was were journalists from various newspapers accused him of paedophilia. These accusations were found to be untrue. Lord McAlpine was outraged by these claims by the media. He stated it was 'poor journalism' and sued BBC for breaching Libel law.

Privacy Law

The privacy law gives people the right to not have information on there personal lives publish. This could include pieces of information such as there name, address or family life. Many sectors in the media industry have to be careful of this law during production. For instance any media production which include administration such as call sheets need to be especially. This is because call sheets usually contain peoples personal details. They would normally include the name of each crew member and there contact details. If this information wasn't to remain confidential and got out the production company would be breaching privacy law. This is due to the fact that if this information got out it could be potentially harmful to them. Another sector which has to be aware of this law is publishing. If a newspaper releases any personal information about someone such as contact details this would also be breaching the law.

 The press have been under a lot of controversy lately due to many phone hacking scandals which has brought about the leveson enquiry. This is an attempt to regulate the press and strengthen privacy laws. This phone hacking scandal would be a perfect example of were privacy laws have been breached. It was were journalists from 'News of the world' were hacking peoples phones for stories. This was breaching privacy laws due to the fact the newspaper was hacking into peole mobile phones without permission  This also raised ethical concerns due to the people they were doing it to such as 'Milly Dowler'. Another example of this law being breached would be an extreme case involving X Factor judge Simon Cowell. This incident also involved the newspapers in which a tracking device was allegedly found on his Rolls Royce. Simon Cowell threatened to prosecute the press due to the fact that tracking devices are illegal. This is because it breaks privacy law's. The journalist also intended on publishing an article about his article which would also be breaching the law.

Human Rights Act

The basis of the human rights act is to strengthen the already in place conventions of basic human rights. This means that people can be prosecuted to more of an extent for breaching any of these human rights. There is a vast array of human rights. These are based on ethics such as quality of life and equality. Due to the sheer size of this spectrum which the human rights come into producers must be aware of the ins and outs of it.  This is because if you 

break someone's humans rights, you risk getting prosecuted under the human rights act. For instance if you were auditioning actors for a short film you would have to abide it. This is because if you don't hire someone solely because of their sex,race,colour,religion etc. Then you are breaching article 14. Article 14 is a part of the human rights convention which goes against discrimination. Due to this if you don't abide by the convention you risk being prosecuted under the 'Human Rights act'. Discrimination is only a small part of the convention therefore as a producer you must be aware of all of the rules (There is a lot). An example of this law being broken in media would be the 'Mosley vs. News Group newspapers' case. This was were Max Mosley had an article posted about him in 'News Of The World'. This article revealed an incident in his personal life involving five prostitutes. An article was published about this as well as a video of the incident. Mosley challenged 'News Of The World' under article 8 of the human rights convention. This ensure that people can keep there private life confidential if the wish to. Unlike the 'privacy law' this covers such as family life and peoples sex life. Due to this he won the case and was given £60,000 in damages. He also asked for the video to be removed from the internet and banned however this was not possible due to how wide spread it had became.

Another example of this law being broken would be the case surrounding the murder of James Bulger. Upon his murderers being released they were given new homes and new identities. Many newspapers within the media published these details. 'This could also come under 'the privacy act' however like the Max Molsey case it cam under 'Article 8' of the human rights convention. This meant that under the 'Human rights act' an injunction. This meant that they had to remove all information about the killers and refrain from realising any more in later publications. This is because this information could have been potentially harmful to them. This is due to the fact that they are murderers and people may have tried to find them due to the severity of the case.

Race relations act

Race relations is a simple law based around ethnic equality. This act makes it illegal to refuse someone from there rights based on race,colour or ethnic origin  It is in place to make sure that everyone is treated equally regardless of there race. As a producer you would need to be aware of this as you would most probably be working with a range of people from different races. For instance of you were working on a television show and you treat someone differently due to there colour you could risk breaching this law. This is because if you are treating them differently to the rest of the crew then this could be conceived that it is because of there race. You could also be prosecuted if you racially abused this person. Another example would be if you were creating a radio show. Say for example you were interviewing somebody who was of a certain ethnic background. If you verbally attack this person based on this ethnic background you will again be breaking this law. Therefore you would need to be aware of this act so that you know to treat everybody equally. 

Obscene publications act

The obscene publications act is a law brought in to refrain the publishing of obscene material to the public. For something to be classed as obscene it needs to be taken to court and evaluated based on the severity. These could be aspects such as extreme violence, pornography, controversy, etc. The first ever incident of this was the writer William Dugdale. His books were saw as pornographic and as a result he was prosecuted. A producer would need to be aware of this act in order not to offend the public. This is because what some may see as obscene others may not. This is why there is now strict guidelines as to what is classed as obscene. As a producer you would need to know these guidelines to refrain from making anything to obscene. The purpose of this act is to protect the general public from potentially 'harmful' publications. An example of an incident involving this law being broken would be the film 'Crash'. After being published many critics argued it was obscene and potentially harmful. This was because they felt it 'incited' car crashes and was offensive to people with disability's. This was investigated and the producers were not prosecuted. This meant that the film didn't get banned and was allowed to continue to be published. Another example in the media would be another film called the 'Human centipede 2'. This was a sequel to the first human centipede which stirred an awful lot of controversy. The sequel was seen as even more gruesome and 'revolting' due to this the film was banned in the UK and Australia  This was because some scenes were so obscene and violent that it was not seen fit for the public to watch. However, after making 32 compulsory cuts the film was allowed to be published in the UK.  Although, it still had to be given an 18 year old age rating.

Professional Behavior When Working in the Media

Introduction

In all aspects of employment it is very important to maintain general professional behaviour. The media industry is no different. In this post I will b explaining various different types of traits in which reinforce and maintain this behaviour.

Reliability

Reliability is defined by how much people can rely on you to finish a project or produce something to a good standard. Overall, it is a feeling of mutual trust between the worker and his client,colleagues and employers  This trust is built by consistently being reliable. An important part of this is being true to your word. For example completing a task by a certain time to the standard required. Reliability is valued in the work-place and will give your more opportunities such as special job offers. A reliable person is much more desirable than someone who is not. Even if the unreliable person is better at his job. A reliable person is guaranteed to get the job done.

Attendance and punctuality

This refers to consistently showing up to work when required and on-time. This can also build up your reputation of being reliable.It shows that you are keen to work and good at time-keeping. Someone who is late or misses work continuously will often run the risk of losing there job.

Commitment

This is how committed you are to your job role and what lengths you will go to to complete it to a good standard. Commitment can range from things such as working over-time in order to complete your task. This shows you are willing to complete the work given regardless of if you are getting paid or not. Overall, this will make you stand out amongst over employees as someone who is hard-working.

Efficiency

This is to what standard to produce your work at and generally how good you are at what you do. Someone who is efficient knows how to do there job effectively and quickly. Efficiency can build over time as you grow more accustomed to your role and gain more experience. Although perfection is desirable, it is still detrimental to your work flow to spend to much time doing something. This is were efficiency comes in as a means of completing the task to a good standard within an acceptable time limit.

Self-presentation

Most people will judge you upon a mere few seconds of meeting you. Therefore, it is important to not only give of a good first impression but the right one. Dressing smart, looking tidy and maintain hygiene shows people that you look after yourself. This will portray a feeling of confidence and self-worth to the people around you. This is especially important if you work closely with the public. Mainly due, to how the public perceives you and shows you are a trusted and natural individual.

Communication Skills

Communication skills are very important within the workplace especially media. This is due to the fact that even if you do not work as a team in your role you will most probably be working for clients or editors. It is very important to gain good communication skills as it is very valuable in the world of work. When working free-lance this is especially important when working with a client. With good communication skills yo can build trust and rapport easily and get the information you need out of your client. Another aspect of communication not often mentioned is body language. Its is important to maintain eye contact and appear natural and professional ever under immense pressure. Communication skills can be learnt and will come over time and experience with working with people. Of cause, it is not all about you, in order to be a good communicator t is important to learn how to listen as well.

Contribution to Team projects

Contributing to team projects depicts you as a team-player and reinforces your good communication skills. This is important as it shows an employer that you can work well with other people. It is often good to work in a team as everyone ideas can be thrown around and be used to create a much more successful or better product. However, there are still some tasks which more require solitude and focus.

Time management

This is how well you manage your time and meet required deadlines  I have already mentioned this previously to it is rather self-explanatory. There is a fine line between perfection and wasting to much time on the project. The medium needs to be discovered in order to be efficient and meet any deadlines.

Personal responsibility

This is taking responsibility for your own actions and taking and repercussions or consequences that may or may not come with them. It can also refer to looking after yourself and your own work without relying on other people. This shows that you are independent and can think on your feet. In order to maintain personal responsibility it is important to accept your mistakes and not make excuses or rely on other people.

Proffesional Development

Introduction

Media is an ever-changing industry and in order to be successful  it is imperative to keep up-to-date with various techniques and conventions. In this post I will be explaining the actual process of getting a job as well as progression routes.

Education

Education is an important aspect when it comes to getting a job within the media industry. Although it is not completely necessary to have a college education in order to succeed it can help. Taking a course in the relevant subject will make you more appealing to employers.

There are a range of further education options available upon finished secondary school. These option may be limited depending on what grades you got in you GCSE'S. The two main options in the UK are BTEC'S or A-Levels.

BTEC - A BTEC is a vocational course (usually part-time) consisting of only coursework  They are usually more practically engaging than an A-Level and often offer hands on experience in the subject. In college they are made up of three levels. What level you start on will normally depend on what grades you achieved during school. As you complete each level achieving at least a pass grade you progress onto the next level of the course. Eventually upon finishing the course you will receive a final grade. These will normally be in the format such as DDM (Distinction,Merit,Distinction.) This will then grant you access to specific courses within university which require that grade or BTEC equivalents to A-Levels. Of cause, with a BTEC being very hands-on it is not imperative to go straight to university in order to get a job. Sure it makes you more appealing to employers but usually experience is valued more than education.

A-Levels - This form of further education is much more theory based. Usually you have to take a minimum of three different subjects. Again, it is more preferable to choose at-least one media related one if you want to get into the industry. A-Levels are aimed more a people who have there heart set on going to university. They are not designed for a student to go straight into work after A-Levels. It is debated whether A-Levels are more accredited than a BTEC but each are a valid form of education.

As I have stated there is no straight forward route in getting into the media industry. Going to college and then university will not guarantee you a job. However, it is important to keep up-to-date with the progression and changes in the industry.

Development during education/experience

Regardless of whether you are involved in higher education or not, it is highly important to gain relevant experience in the industry. This can be done through many ways depending on what sort of job-role you are aiming for. During your education it is possible to gain this experience. This can be done by asking for work experience during the days you are not in college/six form. This is effective as it will somewhat put your foot in the door and give you something to show employers on your C.V. Another option is an intern-ship. These are normally un-paid work but gains you experience and understanding for the job-role. For example if you want to become a Journalist than you could get an intern-ship at  a news office. You could also engage in freelance work which is possible whether you are in education or not. This relies on marketing yourself and building your professional reputation. 

Continuing Professional Development

Even if you have managed to land yourself a job it is still important to continue your development. This can be done through your line of work by pursuing more ambitious endeavour and building your reputation. It is also important to make sure you continue gaining valid education and experience relevant to the time. This is because the media industry is always changing and you will no longer be an assets to the industry if you do not keep up-to-date with the times. It is possible to gain training on the job in which you will be given the valid and accredited training in order to work at the best standard possible.

Conclusions

All in all, it is important to continue your development and training throughout you careerer. All relevant and impressive experience, education or training can be recorded and placed on your C.V . This can then be shown to potential employers to ensure them that you are fitted for the job and have enough experience.

Job roles in the media industry

Introduction

In the creative media industry there are various types of job roles which one can undertake. In this post I am going to be explaining each type of job and explain what each job involves.

Creative

A creative job role consists of the production and actual development of the product at hand. This can involve things such as designing the product or actually creating the work itself.  For instance a graphic designer would be a creative job role as you are actually creating the product. Likewise, if you were a researcher for a graphic design company this would not be referred to as a creative job role. This is due to the fact you are not creating the product but merely doing the steps necessary for the people in creative job roles to complete the design. However, the creative aspects of media production would not be possible if it was not for the other job roles such as administration or marketing. Therefore, non creative job roles are just as important as a creative one. An other example would be a photographer. This is due to the fact they are the one producing the product and making decisions on how it should look. In summary any job role consisting of the actual hands-on production of a product is a 'creative job-role.'

Technical

Technical job roles cover anything involving handling technology or digital products and sound. It is a vital part of the industry which ensured all products come out at the best quality possible. Many technical jobs are things such as lighting operator or camera operators. These roles oversea all of the technical aspects of production wit the creative media sector. An example of a technical job would be a sound assistant. They make sure that all of the sound in a film or television program is in check. In these sort of jobs you need to have a good understanding of the software and equipment used in the production process.

Editorial

A person in an editorial job role will normally oversea a publication before it is presented to the public. There are various types of editorial jobs such as copywriters or news editors. An example would be a copy-writer, the will check publications before they are sent out for a range of aspect. These will include things such as spelling mistakes, grammar mistake or legal and ethical issues. Having editorial roles is imperative in the publishing industry in order to make sure publication get out there at an acceptable standard. Of cause, editorial jobs are not limited to writing and newspapers. There are other roles within the editorial spectrum such as art editors. These will oversea the production of graphics and designs and organise the way they look and suggest improvements.


Marketing

Marketing is a very important part of any section of the media industry. They often will work closely with the press and ensure that the product is advertised to the right people. A huge part of the marketing industry in media are P.R'S or 'Public Relation.' These are people who will market the product through any means necessary  They often use social networking to there advantage with sites such as 'Twitter' and 'Reddit.' However, most of the time people do not appreciate advertisements getting thrown at them so they will not make it blatantly obvious. Public Relations workers will work closely within the public and make sure the product or brands identity is spread without making it to apparent.


Managerial

These are the people that are normally in charge of the employees or make the decisions in production. Although, managerial jobs are not limited to production. They can oversea other aspects such as public relations (which i mentioned previously.) They will basically have the final say in what happens and often direct the employees on what move to make next. For instance, an executive producer for a movie would be a managerial job. This is because the production cannot be finalised until the producer has confirmed it is okay. They can also decide on any changes which need to be made and often control the budget. However, as i have stated managerial position come into all types of roles in the media industry. But overall there job is to make sure production stays smoothly and everyone is working to there expected potential. Due to this it can be a very fast paced job role involving lots of decision making.

Administrative

Although this doesn't sound like a very exciting job role it is one of the most important aspects of the production process. By that I mean that without administrative workers there would be no production. As you may have guessed they will work through all the paper work and make sure everything is organised and in check. This can consist of things such as pre-production work and keeping the companies contacts in order. An example would be a pre-production team for a movie. They take care of all the ground work for the movie such as contact sheets, risk assessments and so forth. Overall, it is an important job role and very useful in ensuring the production moves smoothly and on-time. Another example would be a researcher who makes sure all of the research is correct so the production comes out valid, correct and aimed towards the target audience.

Legal


Legal job roles could be compared to a copywriter with the publishing industry. However, they focus solely on the legal aspects of production. This will include things such as copyright and any lawsuits or legal issues the organisation may run into. An example would be  legal editorial job for a newspaper (This can also come into an editorial job role.) They will make sure everything being publish remains with the legal terms of the countries it will be distributed too. They will also take care of any legal concerns the company may run into such as 'Libel' or 'Copyright.' A legal job role is important as a person in this role will have a broad understanding of the legal aspects within the media. This means that your product can be published or presented within the acceptable expectations of the general public and law.

Financial

This job role covers anything based on money and expenditure during a production. They will make sure that the production is remaining within the required budget and is going to gain a respectable profit margin. They work closely with the more theoretical and statistical side of production meaning good understanding of mathematics is essential. An example would be a production accountant  These will work out all of the productions expenditure and offer advice on how to save money and remain within budget. These roles are important as they make sure a company is not spending money unnecessary  This results in less money being spent and overall a higher profit margin.

Types of contracts in the UK

Contracts

A contract is a legal document which acts as a mutual agreement between employee and employer. It is a means of understanding and agreeing on what is expected from both parties. Due to the fact it is in print and signed, this means it is a legally binding document. Therefore, if the contact is breached by the employee  than the employer has the right to dismiss them from the job. Also, if it is the other way around than the employee has the right to sue the employer. This will be taken care of at a court of law and order with a solicitor.

Types of contracts

Full-time - A full-time contract refers to when someone works anywhere up to 35 hours a week. Any shifts worked over this time will be counted as 'Over-time'. Over-time is an option and the employee's salary will not be increased for working more than the designated hours. However, if the employer chooses too they can pay extra wages for each hour they work over-time.

Part-time - The same rules apply with a part-time contract as they do with a full-time contract. The only diffrence is the amount of hours which the employee can work. There is no specific amount of hours a part-time worker is required to work. However, a part-time employee will get less hours than your average full-time worker. Although, in the UK it is law that part-time employees are not treated less favourable to a full-time worker.

Fixed-term - A fixed-term contract refers to when someone is employed to work for a certain period of time. A contract will be signed to agree the length of time which will be worked by the employee. When this contract is over the employer has two options. They can either dismiss the employee from the job or put them on another contract. For instance, if the employer feels you are a valued employee they may put you on a full-time contract. This can only be done after the time period in the fixed-term contract is over.

Freelance - A freelancer is somebody who is self-employed and therefore doesn't work for a specific employer  They get work from clients by marketing themselves and building a reputation. From this reputation they will then have a higher chance of getting clients.Clients will give the freelancer tasks or projects to finish and pay them an hourly rate. For example a freelance graphic designer may be asked to create a logo for a company. They will then be paid an hourly rate for their work wit the client. Freelance work has it's setbacks as well as it's advantages. Although, yo can give and take whatever client or work you want, the job is not a steady one. If the the freelancer can get no work then they get no pay.

On completion -  An on completion contract will be for a job over a certain amount of time. This is when a company or client has a project which needs specific skills to be completed. Due to the fact it is a single project, the employer will only want the employee for a particular amount of time. Therefore, the contract will be set for a period of time in  which the employer expects the project to be finished in. An example would be a company wanting an interactive media product produced. The client may give the employee a contract

Casual - A casual contract consists of the employee working when needed. Due to the fact they are not per say a permanent employee of the company the worker can decline shifts if they wish. However, if the employer feels no need to keep the employee on they can dismiss them or simply stop contacting them when they need work. Casual contracts are normally used for small roles within a company that are not necessarily needed every working day. For example a runner in a film production may not be needed every day of shooting. Therefore, they will be contacted when they are need to do some work. Various employees can often be on a casual contract for the same role and used when the employee needs their specific skills. Or say one employee declines the sift then they can contact another worker also on a casual contract to fill there place. A casual contract is often useful for working your way up the employment ladder in the media industry. It gets you experience working small temporary role within the industry and makes you more desirable to an employer. Due to the fact a casual worker is not an employee many of the standard work clauses are not included in the contract. These can include things such as sick or maternity pay. 

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.