Assignment 3 - Importance/Significance of Research (Research)

Quantitive research is usually numerical facts that can be obtained by closed questions. Qualitative research is usually opinions, interviews and quotes. The advantage of qualitative research is that it is great for getting people’s opinions and first hand experiences of important events making it information that you wouldn’t find elsewhere and therefore highly valuable. A disadvantage of this type of research is that people on one can be heavily biased or influenced. For example a person supporting one football team will argue against any red cards or fouls given against their team but wouldn’t do so for the opposition. Another disadvantage could be that the people involved in scandals or leaks can be heavily influenced, paid to keep quiet or keep up a false image to what’s actually happening, therefore making them unreliable. Quantitive research doesn’t have these issues with bias as the information tends to be accurate and easily proved. This method of research also has its disadvantages, numbers and figures don’t really represent the feelings and emotions of the people involved, particularly victims. The figures need to be constantly checked and verified to see if they have increased or decreased. This is very relevant to newspapers where their articles are written well in advance of when they go on sale.

Primary research is information that you research and generate yourself, for example, observations made when viewing an exhibit show performance for visiting a location. Interviews with people, reports of meetings and discussions, the collection of information from questionnaires or surveys, focus group activities. Secondary research is where you take information from somewhere else who has generated it. This includes things such as referring to books, journals, magazines and newspapers, gathering information from the public interest, making notes on information presented on audio-visual format, like DVDs, videos or CDs. Collect information from CD logs.

Not only does primary research enable the marketer to focus on specific issues, it also enables the marketer to have a higher level of control over how the information is collected. In this way the marketer can decide on such issues as size of project (e.g., how many responses), location of research (e.g., geographic area) and time frame for completing the project.

Unlike secondary research where the marketer may spend for information that is not needed, primary data collections’ focus on issues specific to the researcher improves the chances that research funds will be spent efficiently.

Information collected by the marketer using primary research is their own and is generally not shared with others. Thus, information can be kept hidden from competitors and potentially offer an “information advantage” to the company that undertook the primary research.

(http://www.knowthis.com/data-collection-primary-research-methods/primary-research-advantages)

Compared to secondary research, primary data may be very expensive since there is a great deal of marketer involvement and the expense in preparing and carrying out research can be high.

To be done correctly primary data collection requires the development and execution of a research plan. Going from the start-point of deciding to undertake a research project to the end-point to having results is often much longer than the time it takes to acquire secondary data.

Some research projects, while potentially offering information that could prove quite valuable, are not within the reach of a marketer. Many are just too large to be carried out by all but the largest companies and some are not feasible at all. For instance, it would not be practical for McDonalds to attempt to interview every customer who visits their stores on a certain day since doing so would require hiring a huge number of researchers, an unrealistic expense. Fortunately, as we will see in a later tutorial there are ways for McDonalds to use other methods (e.g., sampling) to meet their needs without the need to talk with all customers.

(http://www.knowthis.com/data-collection-primary-research-methods/primary-research-disadvantages)

In years past accessing good secondary data required marketers to visit libraries or wait until a report was shipped by mail. When online access initially became an option marketers needed training to learn different rules and procedures for each data source. However, the Internet has changed how secondary research is accessed by offering convenience (e.g., online access from many locations) and generally standardized usage methods for all data sources.

Researchers are often attracted to secondary data because getting this information is much less expensive than if the researchers had to carry out the research themselves.

Secondary research is often used prior to larger scale primary research to help clarify what is to be learned (Step 2). For instance, a researcher doing competitor analysis, but who is not familiar with competitors in a market, could access secondary sources to locate a list of potential competitors.

(http://www.knowthis.com/data-collection-low-cost-secondary-research/secondary-research-advantages)

As we will discuss, research conducted using primary methods are largely controlled by the marketer. However, this is not the case when it comes to data collected by others. Consequently, the quality of secondary research should be scrutinized closely since the origins of the information may be questionable. Organizations relying on secondary data as an important component in their decision-making (e.g., market research studies) must take extra steps to evaluate the validity and reliability of the information by critically evaluating how the information was gathered, analyzed and presented.

Secondary data is often not presented in a form that exactly meets the marketer’s needs. For example, a marketer obtains an expensive research report that looks at how different age groups feel about certain products within the marketer’s industry. Unfortunately, the marketer may be disappointed to discover that the way the research divides age groups (e.g., under 13, 14-18, 19-25, etc.) does not match how the marketer’s company designates its age groups (e.g., under 16, 17-21, 22-30, etc). Because of this difference the results may not be useful.

Since the research received may not be specific to the marketer’s needs, an argument can be made that research spending is inefficient. That is, the marketer may not receive a satisfactory amount of information for what is spent.

(http://www.knowthis.com/data-collection-low-cost-secondary-research/secondary-research-disadvantages)

Radio Industry - Ethical and Legal Constraints (Article)

Legal constraints are legal laws that control the media sector and it's extremely important that you follow these laws or you could be fined and investigated by the police. Legal Constraints are laws that absolutely have to be followed and took into consideration or you can have some harsh consequences.

Ethical Constraints aren't necessary things that you could get arrested for but they are just as important. These constraints mean that you are working within accepted norms of society and you have to behave what is considered in the right way without offending anyone. This is covered by self regulating industry codes and it's up to the producer of whatever media production you're doing to make a proper judgment call.

 

 The laws regarding Legal Constraints are listed below with descriptions and examples of what it's all about.

When talking about restrictions in Radio, the presenters of the show must refrain themselves from saying anything that may be offensive. This of course depends on the show, if it is in the daytime then it is more likely for younger listeners to be in the audience, however later at night when listeners are more adult-based they may be allowed to use language more loosely.

 

 

 

 

 

This is also in concern to the music the radio stations will play. Some songs will have offensive terms and/or strong language in certain parts, meaning they must be bleeped out or replaced with a clean version or in extreme cases not played at all.

 

Starting next year, the new age requirements will be 18+ to attend Ultra Music Festival. An official announcement hasn’t been made yet, but recent flyers have advertised presale tickets with the new restrictions. The text next to the 18+ stamp reads: “The safety and security of our attendees, artists/performers, and personnel are our utmost priority and concern.”

 

Pirate radio can also link into this with freely using explicit language and revolving around a crude and/or sexual nature. Furthering the point made before about Ultra, many music festivals also have age restrictions due to general safety issues or in regards to the artists performing.

 

Another case in point being individuals can sue for damage to their reputation caused by material broadcast by a third party – you, the reporter or news reader, are that third party. They can sue you or the company you work for, and If you lose the case, the organisation you work for will incur a big fine. Contempt of court is area of law designed to balance the right to a fair trial with freedom of speech. It is to prevent journalists from publishing/broadcasting things which will get in the way of a fair justice system.

 

If you are found guilty of contempt of court you’re looking at a big fine and possibly prison – though this is unlikely.

 

 

 

The privacy law also applies to radio production, when interviewing people the producers must keep professional and if they are interested in the celebrity they are interviewing they must remain professional and not make them uncomfortable. The same goes for radio journalists, meaning that they must not take pictures of acts in dressing rooms or backstage corridor, at least without their permission. The same in regards to asking for autographs.

 

This act permitted for the launch of three Independent National Radio Stations, two of them on medium wave using frequencies formally used by the BBC, and the other on FM using frequencies formerly used by the emergency services. This began ideas for several additional local and regional commercial radio stations, using parts of the FM band which was not beforehand used for broadcasting. The plans for increasing community radio were only established in the 2000's. In the Parliament it produced a series of opposition from the majority of the Labour Party and a few members from the Conservative Party who thought this was illustrative of a decline in standards.

 

The Official Secrets Act 1989 is a legislation that helps guarantee the defence of state secrets and official information, mainly related to national security. This doesn't have a major result on television and radio but if you chat about stuff that you are under severe orders not to converse then police could be brought in to examine.

Film Industry - Ethical and Legal Constraints (Article)

Ethical and Legal Constraints make a major barrier on what is appropriate in the media industry. For example, due to the Race Relations Act (1976) in Films and Radio, the producers will have to be extremely delicate in regards to what is considered a 'racial slur' and what people will find offensive.

 Lawsuits against movies and filmmakers often stem from copyright infringement, plagiarism, or inaccurate details surrounding true events.

 A well-known permissible case was took to the high court concerning Jamie Theakston v Mirror Group Newspapers Ltd. Jamie Theakston tried to injunct the Sunday People from distributing a story about how he stayed in a brothel in Mayfair, London. Theakston claimed that the publication of the story broken his right to privacy under Article 8 of the European Convention of Human Rights. He said that the events had taken place privately and thus it ought to be treated as personal and that the article had no public interest. The Sunday People then debated that the publication of the story was in the public interest given the apprehension of the BBC, to be sure that presenters of programmes designed for younger people conduct themselves suitably in public. The court were sceptical of Theakston's statement that he only become conscious he was in a brothel when other prostitutes came into the room. Theakston was unsuccessful at his endeavour to injuct the Sunday People.

Another example is in October 2011, a Michigan woman called Sarah Deming filed a lawsuit (PDF) against the Emagine Novi movie theatre and FilmDistrict Distribution for production of a misleading trailer for Drive, a movie starring Ryan Gosling, Carey Mulligan, and Albert Brooks.

Deming stated that the film provider “promoted Drive as very similar to the Fast and Furious, or similar, series of movies.” Deming was distressed that Drive was a systematic art film that “bore very little similarity to a chase or race action… having little driving in the motion picture.” Deming included the movie theatre where she viewed the film for the reason that it violated Michigan's Consumer Protection Act, claiming that the film was anti-Semitic for depicting members of the Jewish faith in an inauspicious and clichéd light.

The race relations act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origins in the fields of employment, the provision of good and services, education and public functions. An example of a breach of this law would be if the BBC were to advertise a job and only accept applications from ethnic minority groups, this would discriminate against people not of an ethnic minority.

In regards to stereotypes and offensive terms, this will affect the age restrictions on the film. For example, if a film had extreme violence it would not be classed as a U film as it means it would not be suitable for young children.

The age restriction is decided by the BBFC insight. Independent, self-financing and not-for-profit media content regulator, the BBFC operates transparent, consistent and trusted co-regulatory and self-regulatory classification and labelling systems in the UK. They highlight the key issues in a film then expand on this giving examples of the sorts of things you will see or hear. This is mainly to protect the public and children from sensitive content. These may include, for example, violence, bad language, and sex references.

BBFCInsight also notes any other issues that might be important for parents, or those wishing to take younger viewers to see a film – for example themes of divorce or bereavement or use of discriminatory language or behaviour.

This will also affect the representation of the Media as a whole. Representation is where producers make ethical judgements on how aspects of the media are portrayed. For example, people, places, objects, events, cultural identities and other abstract concepts. Things such as age and gender affect these decisions. An example of a negative representation is a place such as Moss side near Manchester. We see Moss side as dangerous place, we associate it with the black community and also with guns, crime and violence. We have this negative perspective on such a place because of how it is exampled in the media. On the news, it's likely to see gun crime that has took place in this certain area, although some things may not be true this is how it is perceived by us therefore, makes a negative representation of the people who live there and the area.

Assignment 2 - Legal Elements (Research)

Legal Elements - Research (Definition)

Broadcasting Act 1990 - Law of the British parliament, often regarded by both its supporters and its critics as a quintessential example of Thatcherism. The aim of the Act was to reform the entire structure of British broadcasting; British television, in particular, had earlier been described by Margaret Thatcher as "the last bastion of restrictive practices". The act came about after the finding from the Peacock Committee. (This may effect film in the way that the structure of films are produced and how time consuming the process may be, and it may effect radio in what the station were eligible to play and what is classed as inappropriate.) (Via http://en.wikipedia.org/wiki/Broadcasting_Act_1990)

Official Secrets Act 1989 – The Official Secrets Act 1989 is an Act of the Parliament of the United Kingdom that repeals and replaces section 2 of the Official Secrets Act 1911, thereby removing the public interest defence created by that section. (This may affect the film industry in regards to what is eligible to sell or not depending on how much the content will interest the viewers, similar with radio and their listeners.) (Via http://en.wikipedia.org/wiki/Official_Secrets_Act_1989)

Obscene Publications Act 1959 and later amendments – The Obscene Publications Act 1959 applies to television and covers material which is obscene, whether it is in a person's possession or it is published or broadcast. The definition of obscene is "likely to deprave and corrupt" the audience for which it is intended and includes not only sexually explicit material but material relating to violence and drug taking. This offence is more likely to apply to research material than material actually transmitted because of the stricter tests relating to harm and offence under the Communications Act 2003 and the Ofcom Broadcasting Code. (Majorly effect the target audience for films depending on what is classed as obscene and disturbing to viewers. Effects radio in what they are allowed to say on air dependent on whether it is offensive or not.) (Via http://www.channel4.com/producers-handbook/media-law/other-laws-affecting-broadcasting/obscene-publications-act-1959)

Films Act 1985 – An Act to repeal the Films Acts 1960 to 1980; to make further provision with respect to the financing of films; and for connected purposes. (Affecting film in the budget they have for produces films, effecting radio in budget on equipment and setup.) (Via http://www.legislation.gov.uk/ukpga/1985/21)

Video Recordings Act 1984 – The Video Recordings Act 1984 is an Act of the Parliament of the United Kingdom that was passed in 1984. It states that commercial video recordings offered for sale or for hire within the UK must carry a classification that has been agreed upon by an authority designated by the Home Office. (May effect film the amount of sales but lower the possibility of pirated copies being produced. Does not seem to effect Radio.) (Via http://en.wikipedia.org/wiki/Video_Recordings_Act_1984)

Race Relations Act 1976 and later amendments – The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. (Effects film in regards to historical based plots where racial slurs may be involved and promotes the message that everyone is equal. Effects radio in what is allowed to be said in regards to what is offensive to the listeners.) (Via http://en.wikipedia.org/wiki/Race_Relations_Act_1976) (Example: Jewish school breaks Race Relations Act // A leading Jewish school, JFS in Brent, broke the Race Relations Act by refusing admission to a boy because his mother was not officially recognised as a Jew, the Court of Appeal has ruled.)

Human Rights Act 1998 – The Human Rights Act 1998 (also known as the Act or the HRA) came into force in the United Kingdom in October 2000. It is composed of a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law. (Affecting film in the messages they portray in plots and what is based as unfair and the range of people eligible to act in regards to all race, religions and ethnicities being equal, affecting radio in the messages sent out to the public based on the presenter’s opinions.) (Via http://www.equalityhumanrights.com/your-rights/human-rights/what-are-human-rights/human-rights-act) (Example: Burma committed ethnic cleansing against thousands of Rohingya Muslims; 28 children hacked to death and mass graves uncovered.)

Licensing Act and later amendments – The Licensing Act 2003 is an Act of the Parliament of the United Kingdom. The Act establishes a single integrated scheme for licensing premises which are used for the sale or supply of alcohol, to provide regulated entertainment, or to provide late night refreshment. Permission to carry on some or all of these licensable activities will now be contained in a single licence — the premises licence — replacing several different and complex schemes. (Film effected by age range of people watching and if actor is act a certain age and has to purchase alcohol in a certain scene it is extremely important to keep the age restrictions correct. May possibly effect radio in regards to adverts mentioning alcohol.) (Via http://en.wikipedia.org/wiki/Licensing_Act_2003) (Example: A man who broke trademarks laws has had £75,967 confiscated by the courts, after Tower Hamlets Council took action against him.)

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. (Effects film in regards to what information is allowed on screen and in the title sequence/ end credits, effects radio in what information is allowed to pass through onto the air.) (Via http://en.wikipedia.org/wiki/Privacy_law)

Copyright and intellectual property law – Under intellectual property laws, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. (Effects script and production on film in regards to what language and sources can be used, same with radio.) (Via http://en.wikipedia.org/wiki/Intellectual_property)

Libel law - Libel is defined as defamation by written or printed words, pictures, or in any form other than by spoken words or gestures. The law of libel originated in the 17th century in England. With the growth of publication came the growth of libel and development of the tort of libel. (Effects film in script, in what kind of spoken word is allowed, similar to radio and what is allowed to be said.) (Via http://en.wikipedia.org/wiki/Defamation)

Radio - Legal and Ethical Constraints (Research)

Ethical Issues

Stereotype - a widely held but fixed and oversimplified image or idea of a particular type of person or thing.

Influence - The themes in a game/movie/book that can inspire a person to act a certain way or a certain thing.
Taboos - Deliberately breaking existing norms to shock the audience without regards to moral rights.
Product placement - Blatant advertising in films or videogames.


Regarding some songs, they could be censored due to explicit language or themes. Ultra is the next festival to implement age restrictions for future editions of the festival, perhaps in response to the recent drug deaths at events around the country and the fact that it was almost kicked out of the city of Miami following an incident where a security guard was almost trampled to death by a crowd of gate-crashes.

Starting next year, the new age requirements will be 18+ to attend Ultra Music Festival. An official announcement hasn’t been made yet, but recent flyers have advertised presale tickets with the new restrictions.

The text next to the 18+ stamp reads: “The safety and security of our attendees, artists/performers, and personnel are our utmost priority and concern.”
Pirate radio can also link into this with freely using explicit language and revolving around a crude and/or sexual nature. Furthering the point made before about Ultra, many music festivals also have age restrictions due to general safety issues or in regards to the artists performing. (Via http://www.di.fm/umfradio)


Defamation is the thing that is most likely to get you into trouble with the law as a journalist. It is ‘the lowering of reputation’ in right-thinking people. If you say or broadcast or publish something that makes people think less of an individual or company or institution. The law covers people and companies, not goods. It is the making public (which is what the media does) of the statement or footage that is defamatory.
An individual can sue for damage to their reputation caused by material broadcast by a third party – you, the reporter or news reader, are that third party. They can sue you or the company you work for! If you lose the case, the organisation you work for will incur a big fine.


Contempt of court is area of law designed to balance the right to a fair trial with freedom of speech. It is to prevent journalists from publishing/broadcasting things which will get in the way of a fair justice system.
If you are found guilty of contempt of court you’re looking at a big fine and possibly prison – though this is unlikely.



(Photo taken by myself. Ed Sheeran, live performance. Does not sing any offensive words or curses during songs due to contentment purposes.

Film - Legal and Ethical Constraints (Research)

Legal – relating to the law or permitted by the law.

Ethical - relating to moral principles or the branch of knowledge dealing with these.

 

(BBFC Film age restrictions)

Legal constraint – An action that is not permitted or allowed regarding to the law. (Example – Content, interpretation and application of laws relating to media. Broadcasting Act 1990 and later amendments, Official Secrets Act 1989, Obscene Publications Act 1959 and later amendments, Films Act 1985, Video Recordings Act 1984, Race Relations Act 1976 and later amendments, Human Rights Act 1998, Licensing Act and later amendments, privacy law, copyright and intellectual, property law, libel law.) *Look at copyright on original characters.

 

Ethical constraint – An action that acts against moral values, similar to trust or liability. (Example – Sensitive content in films. Social issues and sensitivities, e.g. Representation of gender, representation of religious beliefs, linguistic usages, accessibility, and professional body codes of practice, e.g. BBC producer guidelines, Worldwide Web Consortium (W3C) accessibility standards.) *Look at how these are portrayed in regards to the UK in contrast to other countries.

 

Film Rating Classification System

U - The U symbol stands for Universal. A U film should be suitable for audiences aged four years and over. However, it is impossible to predict what might upset a particular child, especially at this lower end of the category range.

PG - PG stands for Parental Guidance. This means a film is suitable for general viewing, but some scenes may be unsuitable for young children. A PG film should not unsettle a child aged around eight or older. Parents should consider whether the content may upset younger, or more sensitive, children.

12/12A - Films classified 12A and video works classified 12 contain material that is not generally suitable for children aged under 12. No one younger than 12 may see a 12A film in a cinema unless accompanied by an adult. Adults planning to take a child under 12 to view a 12A film should consider whether the film is suitable for that child.

15 - No-one under 15 is allowed to see a 15 film at the cinema or buy/rent a 15 rated video. 15 rated works are not suitable for children under 15 years of age.

18 - Films rated 18 are for adults. No-one under 18 is allowed to see an 18 film at the cinema or buy / rent an 18 rated video. No 18 rated works are suitable for children.

R18 - The R18 category is a special and legally-restricted classification primarily for explicit works of consenting sex or strong fetish material involving adults. Films may only be shown to adults in specially licensed cinemas, and video works may be supplied to adults only in licensed sex shops. R18 videos may not be supplied by mail order. (Depending on the date of the film ratings may change, for example a horror movie from the fifties is not as shocking as it would be then, therefore lowering the rating.)

BBFCinsight - Independent, self-financing and not-for-profit media content regulator, the BBFC operates transparent, consistent and trusted co-regulatory and self-regulatory classification and labelling systems in the UK. They highlight the key issues in a film then expand on this giving examples of the sorts of things you will see or hear. This is mainly to protect the public and children from sensitive content.These may include, for example, violence, bad language, and sex references. BBFCinsight also notes any other issues that might be important for parents, or those wishing to take younger viewers to see a film – for example themes of divorce or bereavement or use of discriminatory language or behaviour.

Assignment 2 - Ethical and Legal Constraints

Scenario: Your new media company has been asked to write a series of blog entries detailing the Ethical and Legal Constraints within 2 different media sectors. (Film & Radio.) This should have relevant information as well as a selection of clips, images and diagrams.


Again you will need to produce a series of blogs looking into these two industries, this time focusing on their Ethical and Legal Constraints. Each blog should feature information on both.


By the end you will have 4 more blog entries:


-Film Industry - Ethical and Legal Constraints Research
-Other (Radio) Industry - Ethical and Legal Constraints Research
-Film Industry - Ethical and Legal Constraints (Final & in your own words)
-Other (Radio) Industry - Ethical and Legal Constraints (Final & in your own words)