Section 4: Regulation and Ethical/ Legal

Section 4: Regulation and Ethical/ Legal Constraints

Key words: • • • • • • • • • •

Ethics Data protection act Copyright Regulation Regulatory body Commissioning Libel Ofcom Press Complaints Commission Watershed

This section is about How Media is held responsible for it’s content.

The main three things you will be asked about it • Legal constraints • Ethical constraints • regulation

Example questions: •

Identify the regulatory body from one of the industries you have studied. You must name the industry (2 marks).

•

With reference to both of the media industries you have studied explain why media regulation is important(4 marks)

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Explain why media regulation is important. (4 marks)

•

Offer two examples, one from each of the media industries you have studied, where consideration of legal constraints would be important in the creation of a media product (4 marks).

•

Offer two examples, one from each of the media industries you have studied, where the producers of a media product may have to consider ethical issues which might effect the content ? (4 marks).

•

Give one example from one of your media industries where a regularity body has had to deal with a complaint explain how they resolved that complaint. (2 marks)

•

What specific regulation issues have caused problems for companies within your industry.Talk about both industries. (4 marks)

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How does regulation in your industry differ between different countries?

Ethics in the media There are so many debates about what is right and wrong to show and say in the media: TV: Watershed Issues of media ethics include: • Bad language • Peoples privacy (paparazzi and phone hacking a good example) • Depiction of sex and violence • Depiction of stereotypes • Racial and sexual discrimination • Product placement • Blasphemy • Mis-representation of religious groups

CLIP

http://www.christian.org.uk/news/bbcaccused-of-anti-christian-bias-by-viewers/

Legal constraints:Data Protection Act All companies that handle personal information about individual (such as the media) must look after that info under the rules of the Data Protection Act 1998.

The act contains eight “Data Protection Principles”. These specify that personal data must be: 1. Processed fairly and lawfully. 2. Obtained for specified and lawful purposes. 3. Adequate, relevant and not excessive. 4. Accurate and up to date. 5. Not kept any longer than necessary. 6. Processed in accordance with the “data subject’s” (the individual’s) rights. 7. Securely kept. 8. Not transferred to any other country without adequate protection in situ.

Legal constraints:Copywrite Copyright law placed by the governments in most countries. It means that the creator of the work has exclusive rights to it and giving the creator of an original work exclusive rights to it and owns it. Generally, people have the "right to copy“ other peoples work as long as they give the copyright holder the right to be credited for the work-through a reference for example.

Media regulation. WHY??? Regulatory organisations such as OFCOM (TV) and the Press Complaints Commission(NEWS) are essential in order to make sure that the media industries do not overstep the mark or break any laws, if they do, are held to account by members of the public.

Regulating Television – Ofcom Ofcom; or Office of Communications is the governmentapproved regulatory authority for the telecommunication industries in the United Kingdom.

They regulate : • TV • Radio The Ofcom Broadcasting Code of Practice publishes guidelines about suitability of programming and advertising for different audiences.

Positives of Regulating Television – Ofcom

Watershed • The watershed (created by OFCOM) is a term used to identify the times when television programmes should not be broadcast that might be unsuitable for children. • The watershed is at 2100. Material unsuitable for children should not, in general, be shown before 2100 or after 0530. The

What specific regulation issues have caused problems for companies within television? Voting on X Factor – judges seen to be keeping unpopular acts in to keep ratings high Frankie Boyle making jokes about Katie Price and her children Racist bullying of Shilpa Shetty on Celebrity Big Brother led to 45,000 complaints to Ofcom. Channel 4 was criticised for not dealing with the incidents because they were boosting the ratings of the show. SHOW CLIP: http://www.youtube.com/watch?v=gWk1rh4swv8 http://news.bbc.co.uk/cbbcnews/hi/newsid_6680000/newsid_6688100/6688175.stm

Regulating newspapers?: • The Press Complaints Commission(PCC). Is Funded by the newspaper industry, the PCC acts as an independent regulatory body. • There is no government run regulator because the press is such an old and powerful institution-there is meant to be freedom of the press • There is no statutory regulator for the Press as there is for TV. The laws of the country, which includes libel law, applies to all the Press as it does to everyone.

What is libel? The simplest definition is that libel is telling lies about someone. It is possible for a newspaper to libel individuals, groups or organizations. To commit libel a newspaper (or broadcaster) would have to print something that is defamatory. The courts normally apply these criteria to test if a statement is defamatory. • • • •

Does it expose a person to hatred, ridicule or contempt? Does it injure the person in his or her profession or trade? Does it cause a person to be shunned or avoided? Does it reduce a person in the eyes of right thinking people

Libel cases:

Frankie Boyle won £54,650 in damages after a High Court jury found that the Daily Mirror had libeled him by calling him a “racist comedian”.

Kerry Katona won libel against the Sunday Mirror after they claimed she was a prostitute when she was younger.

Kiera Knightly was accused by the Daily Mail of having an eating disorder. They also made out she was responsible for the death of a young girl who suffered from anorexia.

The Press Complaints Commission(PCC). Funded by the newspaper industry, the PCC acts as an independent regulatory body. NOT GOVERNMENT REGULATED!!! If you have a complaint about inaccuracy or misrepresentation in a newspaper then you write to the PCC, who will investigate the complaint. The PCC can fine a newspaper and order it to publish a retraction of a story or to publish the corrected facts. http://www.pcc.org.uk/

Press Complaints Commissions Their code of practise is that: • Stories should be presented accurately • People have the opportunity to reply to stories • Journalists should not harass or pursue people • Journalists should not intrude into grief and shock • Children should be kept out of the press, not photographed and allowed to attend school safely • Clandestine devices such as bugging equipment should not be used • Sources of information have the right to remain confidential

What specific regulation issues have caused problems for companies within print?

• In October 2009 a journalist called Jan Moir wrote an article for the Daily Mail about the death of Stephen Gately. The PCC received over 22,000 complaints. • Stephen Gately was a member of Boyzone who had a shock heart attack and died. • The journalist said that his death was “more than a little sleazy“- she accused his sexuality, his lifestyle and drug taking as a cause of death- this was all untrue. • In the end the PCC rejected the complaints made-this was very unpopular. • This prompted discussion about free speech Useful timeline: • The journalist ended http://www.gua rdian.co.uk/med up sincerely apologising in a new article.

•

http://www.youtube.com/watch?v=W_pv7M8CE54

ia/2010/feb/18/ jan-moirstephen-gately

What specific regulation issues have caused problem for companies within print : PHONE HACKING • The PCC were criticised for how it dealt with it • In July 2011, it was revealed that the phones of more than 4,000 people have been identified as victims of phone hacking by the NoW. • Prime Minister David Cameron set up the Leveson Inquiry to see whether changes need to happen to the way British newspapers work. • Lord leveson says that in PCC are ineffective and will create a new independent regulator with powers to impose million pound fines on UK publishers and demand upfront apologies from them. SHOW CLIP http://www.bbc.co.uk/newsround/20534795

Regulating bodies in America • Television- The government regulates it- Federal Communications Commission (FCC)

• Newspapers-Like in the UK the news isn’t government regulated-it has it’s own PCC.

List of legal constraints that all media industries have to obey • Copywrite • Libel • Data protection act • • • • •

Obscenity Defamation of character (slander) Blasphemy Race discrimination/sex discrimination Invasion of privacy

These may effect what they write about or show to the public.

Regulation and Ethical/ Legal Constraints: a summary • Regulators ensure that the media isn’t offending anyone or doing anything unfair they ensure that laws are being followed. They give the public somewhere to complain to. • All media industries have to abide by Libel law and the data protect act 1998 they must also consider ethical issues when creating a product (such as fair representation) . • TV is regulated by OFCOM- this is government run (example CBB Shilpa Shetty) • The press is regulated by the PCC which is independently run Following phone hacking scandal the Leveson Enquiry has decided that the press needs to be more strongly regulated. He said he wants a new independent regulator with powers to impose million pound fines on UK publishers and demand upfront apologies from them.

Have a go at answering the questions: Identify the regulatory body from one of the industries you have studied. You must name the industry (2 marks). With reference to both of the media industries you have studied explain why media regulation is important(4 marks) Explain why media regulation is important. (4 marks) Offer two examples, one from each of the media industries you have studied, where consideration of legal constraints would be important in the creation of a media product (4 marks). Offer two examples, one from each of the media industries you have studied, where the producers of a media product may have to consider ethical issues which might effect the content ? (4 marks).

Give one example from one of your media industries where a regularity body has had to deal with a complaint explain how they resolved that complaint. (2 marks) What specific regulation issues have caused problems for companies within your industry.Talk about both industries. (4 marks)

How does regulation in your industry differ between different countries?