LEGAL CONSTRAINTS WITHIN THE MEDIA SECTOR
BBFC
The BBFC (British Board of Film Classification) is an organisation funded by the film industry and responsible for the national classification of films within the United Kingdom. It also classifies video games, TV programmes and TV adverts.
OFCOM
Ofcom (Office of Communications) is a government-approved organisation which primarily decides what is suitable for television and are the people you ring if you would like to make a complaint against a TV program or advert.
OFCOM BROADCASTING CODE
SECTION ONE – PROTECTING THE UNDER-18s
To ensure that people under eighteen are protected from broadcasted material that might seriously impair the physical, mental or moral development of people under eighteen.SECTION TWO – HARM OR OFFENCE
To ensure that generally accepted standards are applied to the content of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.
SECTION THREE – CRIME
To ensure that material likely to encourage or incite the commission of crime or to lead to disorder is not included in television or radio services.
SECTION FOUR – RELIGION
To ensure that religious programmes do not involve any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.
SECTION FIVE – DUE IMPARTIALLY AND DUE ACCURACY AND UNDUE PROMINENCE OF VIEWS AND OPINIONS
To ensure that news, in whatever form, is reported with due accuracy and presented with due impartiality.
SECTION SIX – ELECTIONS AND REFERENDUMS
To ensure that the special impartiality requirements and other legislation relating to broadcasting on elections and referendums are applied at the time of elections and referendums.
SECTION SEVEN – FAIRNESS
To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes.
SECTION EIGHT – PRIVACY
To ensure that broadcasters avoid any unwarranted infringement of privacy in programmes and in connection with obtaining material included in programmes.
SECTION NINE – COMMERCIAL REFERENCES IN TV PROGRAMMING
To ensure that broadcasters maintain editorial independence and control over programming, that there is distinction between editorial content and advertising, ensure that audiences are protected from the risk of financial harm and to ensure that unsuitable sponsorship is prevented.
SECTION TEN – COMMERCIAL COMMUNICATIONS IN RADIO PROGRAMMING
To ensure the transparency of commercial communications as a means to secure consumer protection.
CODE OF PRACTICE
Code of Practice are written guidelines issued by an official or professional body to its members to help them comply with its ethical standards.
EXAMPLE OF A CODE OF PRACTICE
EDITORS' CODE OF PRACTICE
This is the newspaper and magazines industry's Code of Practice. The Press Complaints Commission (PCC), which has a majority of members, is charged with enforcing the Code, using it to adjudicate complaints.
All members of the press have a duty to maintain the highest professional standards. The Code, which includes a preamble and certain public interest exceptions, sets the benchmark for those ethical standards, protecting both the rights of the individual and the public's right to know. It is the cornerstone of the system of self regulation to which the industry has made a binding commitment.
THE CODE
1) ACCURACY
The press must not publish inaccurate information.
The press must not publish inaccurate information.
2) OPPORTUNITY TO REPLY
A fair opportunity to reply for inaccuracies must be given.
3) PRIVACY
Everyone is entitled to repect for his or hers private life. Although, if it is in public interest, it may be published. Below I have mentioned Ryan Giggs. This is a good example.
4) HARASSMENT
Journalists must not engage in persistant pursuit of somebody, which could be viewed as intimidation or harassment.
5) INTRUSION INTO GRIEF OR SHOCK
Enquiries in cases of grief and shock must be handled with sensitivity.
6) CHILDREN
A child under 16 must not be interviewed or photographed without their parents or guardians permission.
7) CHILDREN IN SEX CASES
Journalists must not identify children under 16 who are victims or witnesses in cases invloving sex offences.
8) HOSPITALS
Journalists must identify themselves and obtain permission before entering a hospital.
9) REPORTING OF CRIME
Friends or family members of a person accused of convicted of a crime must not be identified without their permission. They can be identified if they are relevant to the story.
10) CLANDESTINE DEVICES AND SUBTERFUGE
The press must not publish material that has been captured using a hidden camera or listening device. They must not intercept phone calls, messages or e-mails without consent.
11) VICTIMS OF SEXUAL ASSAULT
The press must not identify victims of sexual assault unless they are legally free to do so.
12) DISCRIMINATION
The press must avoid showing discrimination against an individuals race, colour, religion, gender, sexual orientation or any physical or mental disability.
13) FINANCIAL JOURNALISM
Journalists must not profit financially from any stories that have yet to be published. They must not pass on information to others for financial gain.
14) CONFIDENTIAL SOURCES
Journalists have a moral obligation to protect confidential sources of information.
15) WITNESS PAYMENTS IN CRIMINAL TRIALS
No payment or an offer of payment should be made to anyone who could be reasonably called a witness to a court case.
16) PAYMENT TO CRIMINALS
No payment or offer of payment should be made to any criminal for an interview or photograph which seek to exploit or glorify their crime. This also applies for the criminals associates - such as family, friends or colleagues.
UK PARLIAMENT ACTS
An Act of Parliament is a law created by the United Kingdom Parliament.
BROADCASTING ACT 1990
The Broadcasting Act 1990 is a series of laws that relate to what is legal or illegal to broadcast on TV and Radio in the UK.
OFFICIAL SECRETS ACT 1989
The Official Secrets Act 1989 is an act that protects more limited classes of official information.
OBSCENE PUBLICATIONS ACT 1959
The Obscene Publications Act 1959 is an act that amends the law relating to the publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning pornography.
FILMS ACT 1985
The Films Act 1985 is an act that was formed to make further provision with respect to the financing of British films; and for connected purposes.
VIDEO RECORDINGS ACT 1984
The Video Recordings Act 1984 is an Act to make provision for regulating the distribution of video recordings and for connected purposes.
RACE RELATIONS ACT 1976
The Race Relations Act 1976 is an Act to make fresh provision with respect to discrimination on racial grounds and relations between people of different racial groups.
HUMAN RIGHTS ACT 1998
The Human Rights Act is an Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes.
LICENSING ACT 2003
The Licensing Act 2003 is an Act to make provision about the regulation of the sale and supply of alcohol, the provision of entertainment and the provision of late night refreshment, about offences relating to alcohol and for connected purposes.
PRIVACY LAW
Privacy law refers to the laws which deal with the regulation of personal information about individuals which can be collected by governments and other public as well as private organizations and its storage and use.
SPECIFIC PRIVACY LAWS
These laws are designed to regulate specific types of information. Some examples include:
· Health privacy laws
· Financial privacy laws
· Online privacy laws
· Communication privacy laws
· Information privacy laws
· Privacy in one's home
UNITED KINGDOM
As a member of the European Convention on Human Rights, the United Kingdom adheres to Article 8 ECHR, which guarantees a "right to respect for privacy and family life", subject to restrictions as prescribed by law and necessary in a democratic society towards a legitimate aim.
However, there is no independent tort law doctrine which recognises a right to privacy. This has been confirmed on a number of occasions, in such court cases as;
· Kaye v Robertson
Kaye v Robertson was a court case from 1991, which in many people’s opinions, highlighted the fact that there is no common law right to privacy in English law. Gordon Kaye, a well known actor, survived a horrific car crash in 1990 and was undergoing treatment at a hospital. A photographer entered the hospital and proceeded to take photos of Kaye as he lay in the hospital bed. After learning what happened, Mr. Kaye decided to sue the editor of The Sunday Sport – Anthony Robertson – for preaching his right to privacy. Mr. Robertson won the court case.
· Wainwright v Home Office
Wainwright v Home Office was a court case from 2003. Alan Wainwright, along with his Mother, went to visit his step-brother in Leeds Prison. Because the step-brother was believed to have been smuggling drugs into the prison, Wainwright and his Mother were asked to do a strip search. They reluctantly accepted it but soon believed that they were being inappropriately touched by the prison staff. Alan was particularly found to be intimately handled in a way that is classed as battery.
Alan and his Mother decided to see a solicitor who advised them to see a psychiatrist. It was then decided that Alan – who is disabled – had been so strongly affected by the ordeal that he was suffering from post-traumatic stress disorder. His Mother was also found to be suffering from a lot of emotional distress. At first, Alan and his Mother were awarded compensation from Leeds Crown Court but the Court of Appeal did not agree with this and appealed to House of Lords. However, the county court judge had the last laugh when the European court found in favour of the Wainwright’s, awarding each £2,000 compensation, plus £11,700 towards their costs.
COPYRIGHT AND INTELLECTUAL PROPERTY LAW
Intellectual property (IP) is a term referring to a number of distinct types of creations for which a set of exclusive rights are recognised—and the corresponding fields of law.
Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
'THE PIRATE BAY'
The Pirate Bay is a Swedish website which allows users to share electronic files, including multimedia, computer games and software via BitTorrent. It is currently the 85th most viewed website in the world. The site has been described as “one of the world's largest facilitators of illegal downloading”. No copyright content is hosted on The Pirate Bay's web servers; instead the site hosts "torrent" links to TV, film and music files held on its users' computers.
In 2009, the 4 co-founders of the website – Gottfrid Svartholm Warg, Peter Sunde Kolmsioppi, Fredrik Neij and Carl Lundstrom- were arrested for copyright infringement and were all handed 1 year sentences in prison. As well as the jail sentence, they had to pay around £3 million in damages for various record companies.
The defence had been relying on convincing the court that because the website didn't host copyrighted material they were not guilty of breaching laws. However, the court heard about the website's search functions and download and storage capabilities, which led to the guilty verdict.
They were seen as ‘getting off lightly’ by only having to pay the damages that they did, as it fell way below the £17.5 million that the firms were seeking.
John Kennedy, the President of the International Federation of the Phonographic Industry (IFPI), said that “These guys weren't making a principled stand, they were out to line their own pockets” and “The Pirate Bay did immense harm and the damages awarded doesn't even get close to compensation, but we never claimed it did.” “There has been a perception that piracy is OK and that the music industry should just have to accept it. This verdict will change that," he said.
LIBEL LAWDefamation – known as Libel Law for written, broadcast, or otherwise published words - is the communication of a statement that makes a claim, implied to be factual, that may give an individual, business, government or nation a negative image. It is usually a requirement that this claim is false and that the publication is communicated to someone other than the person defamed.
‘CTB v NEWS GROUP NEWSPAPERS’
‘CTB v News Group Newspapers’ is a legal case from May 2011 which involved a Premier League footballer taking out a gagging order – an order that restricts the public from seeing certain information – after having an extra-marital affair with Imogen Thomas, a Welsh model. The gagging order – known publically as a ‘super-injunction’ was initially intended to prevent details of the case from being published in The Sun Newspaper. The footballer won the case as the court confirmed that it was a violation of Chapter 8 of The Human Rights Act 1998 which guarantees the "Right to respect for private and family life”.
The pseudonym ‘CTB’ was later revealed to be Manchester United footballer Ryan Giggs, after it was published on social networking site, Twitter. The Sun began a fresh attempt to lift the injunction and allow CTB to be named in their paper. Parliament refused this as they still believed it was the right thing to ‘defend the claimant’ from people finding out about his affair. The Sun described the injunction as “futile” as, after the Twitter publication, the level of knowledge of CTB’s name was very high.
John Hemming, a Liberal Democrat MP, spoke in the House of Commons and used parliamentary privilege to name Ryan Giggs as the footballer CTB but this still wasn’t enough for the injunction to be lifted. Hemming later described this as a “joke” and said, “The judges’ application of privacy law, which is ill conceived to start with, is now close to breaking point, under pressure from the biggest act of civil disobedience seen for many years.”
REPRESENTATION
Representation refers to the construction in any medium (especially the mass media) of aspects of ‘reality’ such as people, places, objects, events, cultural identities and other abstract concepts. Such representations may be in speech or writing as well as still or moving pictures.
CLASS
AGE
GENDER
In most TV programmes or adverts, they is always a distinctive difference between males and females.
Females are often portrayed as a housewife. They are seen to be doing their best to keep everything clean and tidy, such as in 'The Simpsons', Marge is usually washing dishes or cooking meals. They are always trying to look their best too. They spend a lot of time in the morning putting makeup on to look good for their husbands.
Males are often portayed as the 'bread-winner'. They are usually greeted by the wife with breakfast and a cup of tea or coffee and then head off to work. They are supposedly the hard working person in the relationship, out working all day to put food on the table.
Nowadays though, you can see a difference in the way males and females are being protrayed. Females are now out there, having a very good job and doing their best to provide for thier family just as much as the male would. Also, in a lot of TV adverts, males are now seen to be a bit dim and the female is seen to be 'wearing the trousers'. An example of this is when you watch an advert and the male will attempt to do something yet fail. They are shown to get in a 'huff' and are a bit clueless, until the woman walks in and confidently resolves the situation.
ETHNICITY
Ethical:
social issues and sensitivities, eg representation of gender, representation of religious beliefs, linguistic usages, accessibility; professional body codes of practice, eg BBC producers’ guidelines, Worldwide Web Consortium (W3C) accessibility standards
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