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)

Radio & Film - Structure and Ownership

Radio

Being a media-based way of audio and general communication, Radio has been a major influence throughout the years. The industry itself is vastly expanding and now has approximately 22,000 local residents in the working field. These can range in size and structure from something as well-known as the BBC to not-for-profit radio stations, run mainly by volunteers. These operatives tumble into three vast classifications: publicly-funded radio, commercial radio and the community radio sector – from the deep-rooted student and hospital radio to community radio stations that have recently received their license. 


Within the structure of Radio, the production department of a radio station composed of the Production staff, Operations staff, also on air personalities such as hosts, co-host, anchors, disc jockeys (more commonly referred to as DJs) and/or radio jockeys.

The Production department makes sure that all contents and commercials are timed and lined up correctly for broadcast.

The on-air personalities deliver the voices that the public are listening to and are usually labelled as the main part of the radio development. The production department is also aided by the traffic managers, otherwise known as the people who plan the broadcast of these commercials on air. The Creative Department aids the production department with content support. The creative department is made up of copy writers who write the scripts for the commercials and for the programs.

The marketing and sales department holds the responsibility for producing direct revenue for the radio station by selling what is known as 'air time' to the advertisers. It consists of several people who accomplish different functions ranging from a 'Sales head' who supervises the performance of the entire department to make certain the revenue requirements are up to par.
The department has a rather large sum of sales men who will approach the advertisers and prospective advertisers to sell the 'air time' and also to discuss the terms and the payment details with said advertisers.
Defined as ‘the radiation wireless transmission of electromagnetic signals’, this means that information, being most commonly sound is carried by changing the properties that the radio waves possess, such as frequency, amplitude or pulse width.

Film

The film industry is a constantly evolving business and the way in which we view film has changed a large amount. The first film ever made went by the name ‘The Great Train Robbery’, in 1903. Typically in black and white with no audio, while we now see films like ‘The Lord of The Rings’ with spectacular effects and a wide spectrum of coloured visuals are used throughout. In the UK alone the film industry employed around 27,800 people in 2008. The most common business centres in regards to film are located in the US, India, Hong Kong and Nigeria. The industry is normally funded through private owned companies like Sony and Warner Brothers, due to the reason that these companies have earned their money due to turnover of films they have invested in from past events.

When talking about the structure of Film, it is usually broken down into 6 main categories. These being: Production, Development, Facilities, Distribution, Exhibition and Export. Apparently there are around 400 permanent, or in other words registered, companies in the industry.

Of course the number shall vary depending on the amount of productions being worked on at a certain time. In short, a movie is a selection of still images when put together look to be moving when shown on screen. Depending on the method, for example taking actual photographs with a motion picture camera, photographing drawings or clay figurines (Claymation) or other models using traditional animation techniques, by the means of CGI and computer animation, or a combination of all three along with other visual effects.

When talking about the structure of the film industry, Production in simple terms is the creative process of actually making the film. Mostly when creating films Production companies are there to create the motion picture, the nature of the industry means they are often set up just for specific projects and then are closed down again when the production is finished. However, before this department can do its job, Development has to find and finance the original film idea.

After production comes 'post production', the group who will edit the film. Following this, then comes distribution which is most of the time unfamiliar when brought up in explanation. It focuses on who to actually sell the film to, or also known as the 'target audience.' This involves making a license agreement with the studio of the film and then making the decision of how many copies of the film to make. Distribution will then show the film to 'buyers' representing the theatre and/or exhibition. The buyers then release the film to be watched in the theatre to gain money from the tickets and from the theatres facilities such as food and drink. When the lease ends the theatre will then pay the money back to the industry, which then will pay each sector.