Vibe Productions: Understanding the creative media sector

LO2: Understand the legal and ethical constraints

LO3: Understand the regulation of the media sector

Understand the ethical and legal constraints with in the media sector
1.

In order to get the job you are required to understand the following within the media sector your have
chosen. During the interview you will be asked to hand over a written document containing information on
the following aspects of your area.

Video recording act

Or equivalent legislation to your chosen sector.

In 1984 the act of video recording was that the BBFC was required to
consider whether or not movies were suitable for a classification certificate
to be issued to them, this meant that for example a gruesome horror movie
would be classed as an 18+ movie as it would consist of loads of blood
scary scenes and murder, so this type of movie would not be suitable for
viewing by a person who is not of age of the rating of the movie. The act
also required that tapes, discs and packaging should be correctly labelled
by the BBFC and that it should be explained correctly meaning that for
example the product was suitable only for 18+, it is not allowed to be
supplied to anyone below that age. In January 2010, the video recording act
came into force and this simultaneously repealed and immediately revived
the old act in 1984. But they did state hat certain types of video works do
not require age rating by the BBFC, such as videos designed to inform,
educate or instruct and sport, religion and music. However on the 4th of
August, the VRA was amended to lower the threshold at which certain
videos lose their exemption from classification. This meant that programs
like sport, documentaries and music video would need to seek a BBFC
classification.

Copy Right law

Why is it important within your industry

The copyright law within the Television industry is important because it
prevents people from stealing programs that they do not own, it gives the
creators of the content to control how their content is used and distributed.
What is its purpose?
The purpose of copyright law is to protect the creator of a piece of work
against the agreement they made, so to guarantee commercial exploitation
and to stimulate new ideas. However to be able to claim ur product for
copyright protection, certain specific conditions must be met.

Who does it protect?

Copyright protects original works of authorship including literary, dramatic,
musical, and artistic works, such as poetry, novels, movies, songs,
computer software, Web sites, and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation,

although it may protect the way these things are

expressed. But as you can see copyright laws fully apply
to virtually anything that is brought in digital form or
published on the internet. And in todays environment
the laws are no longer limited to the traditional works of authorship like
books or art work.
What happens if it is broken?
If you infringe on someones copyrighted work, you could receive a polite
letter or email from the author asking you to remove the material from your
website or otherwise stop use of the work. You could get a notice
demanding you cease and desist using and distributing the copyrighted
work, or you might discover that your Internet service provider has already
removed infringing content. You could face penalties of more than $100,000
for each infringed work. You could go to jail. It all depends on the extent of
the infringement.

What is the Films Act?

Find examples of when it has been broken and outcome

A perfect example of copyright laws being breached is when a few famous
Russian films were being uploaded as buyable apps on Apples iTunes
service but the original film-makers have not given their permission for the
film to go on sale, Apple responded and said that they took copyright
complaints seriously and took action as soon as it received the complaint.
Or equivalent legislation to your chosen sector.
The films act
Why is it relevant to the film industry?
Does it help or hinder the industry?

Importance of ethical
issues

Use of language
Most television viewers are slowly becoming less offended to commercials and programs
being broadcasted on the TV as they have become so used to it they are gradually raising
the levels of what is offended the example the ethical issues in the TV industry are the
following

These laws are kept in place by the codes of practice, if these rules are not followed then it
will not look good for the company broadcasting the content, and disciplinary will be in
place for the organisation. http://www.esfmedia.com/page/Legal,+Ethical+
%26+Regulatory+Constraints+in+TV+Production
Equal opportunities
In the television industry there needs to be equal opportunities for all types of people. Many
people do say that there is not enough disabled actors in the television industry however
equal opportunities are not always available in the television industry. There is a lot more
freedom in the television industry than in the film industry, and this is because television is
a lot more cheaper than the film industry and some minorities that may not have enough
money. And this has been notted and taken into consideration therefor the BBC and BFL
have now decided to host fundraising for small companies for film and television. And this
helps to create more opportunities for smaller companies. This link gives a bit more info on
equal opportunities
https://www.breastfeeding.asn.au/bfinfo/equal-opportunity-and-workplace-diversity%E2%80%94-what-does-it-mean
Encouraging diversity
Encouraging diversity in the television industry has been favoured for many years, back in
the day when films were racist a lot of films refused to hire any people from an ethnic
background and black people were always discriminated. However nowadays people of all
backgrounds are now accepted all other the world no matter what skin colour, race or sex
you are it is more accepted. For instance the television 'The fresh prince of bell air'' was one
of the most watched TV series at the time and it was centred from all African American
family. And now it is more likely to see multiple races in any film or television series.

Representation of
gender

Representation of
religious beliefs

What ethical issues should be considered when producing media in your

chosen industry?
When producing
It is important to consider many different issues that may occur within
the television industry when producing new content for instance the
producer needs to consider if the age classification is suitable for the content, for example
archer is a good example as they swear a lot in it. So this TV series would not be a PG rated
television series as there is use of bad language, violence and scenes of a sexual nature, so
this would not be correct for young children to watch, and they have to make sure to be
careful that they do not make fun of any religious beliefs or ethnic groups as that may
create a lot of controversy and upset people.
How are men and women represented in your chosen industry?
In terms of producers of filming men and women are quiet equal with about 50% of the
producers being female in 2015. However females are still very much sexualised in most
television series, not in every case but in most. This is because 35% if female actors have
been shown to be partially naked while male actors were only 15%. As well as 1/3 of women
have been shown to be revealing attire or partially naked in some scenes. And this means
that women are still shown to be an object in some cases. And this can be proven as the
majority of the main characters in action series for instance in 'the flash' or 'the green
arrow' being male and they usually have a female companion that is weaker and needs to
be saved by the hero in most cases, this started years ago and is still current to this day.
And this shows how the television industry is still stuck in the past as the men are
dominating the females.
Are they seen as strong or weak etc.?
Females are often portrayed as the weak and need to be saved in most action television
series'. However the television sector has a much wider variation to the film industry and
women have started to grow in the television sector, for instance in 'The big bang theory' it
originally only had one female called penny and she was the lead female. She was
portrayed as a 'dumb blonde' who is attractive and a friendly neighbour who wants
attention from all the guys however as the series progressed much more women were
introduced and all the other guys started to get girlfriends and a lot more women were
introduced. Another example of women growing is that Ellen DeGeneres who is an American
comedian who now hosts a television program she is also an actress, writer and producer,
she was originally in a sitcom called Ellen in 1994 and has now grown from that and become
a host for her very own talk show. So here we have 2 great examples of how women have
grown stronger in the television indusry however they are still represented as weak in most
action programs as they are always the damsel in destress however they are evolving to
becoming lead roles in the prenset day for instance in 'S.H.I.E.L.D' the main actress has
always been a female and has now evolved to be an even stronger character in this series.
The media portray certain religions in particular ways according to the information provided,
if there are major topics against certain religions then stereotypes and discrimination is
pushed against the religion. An example of this would be 11st September 2001, which lead
to hysteria that all Islamic people are terrorists, because the act committed was done for
'god'.
The positive aspect to the media and religion is the major events which can dominant the
media and support the religious views and gatherings of the community. For example, when
the Pope came to visit, there were people who gathered ( not necessarily Christians) in
Central Park and many more who watched him on TV. The media can bring people of the
community together who share the same views.
Overall the media can be negative and positive, it depends on whether the issue is strong or
weak and will interest the people. Usually the media is seen as being negative towards
religions as they support the most contraversial news; however it depends on whether the
matter is big enough to make the headline.
Religious beliefs can be found throughout a wide variety of media, including television
novies and video games, many minority religons are not portrayed at all, but todays media
are beginning to include more diverse portrayals of certain religions in an attempt to get rid
of bad religious beliefs. In television these types of religious beliefs are beginning to
emerge, for example CBCs Little Mosque on the Prairie a muslim sitcom has received
praise and numerous awards for its portrayal of Islam, as well

How should men and

women be represented?

Does your chosen

industry represent
people fairly?

Men and Women should be represented equally in the media in my opinion, women are
usally misrepresented on the media and are portrayed as either helpless or vulnerable, and
men are always portrayed as the hero or the successful one in media, but in our modern
day this has been reduced a lot and isnt much of an issue which is very good, this was an
issue as stereotypical content was very bad as children are especially vulnerable to the
media because they dont yet have the understanding or knowledge and wont be able to
distinguish between fantasy and reality
In the television sector there is a lot differentially as theyre can be representation of people
in a fair way but also in an unfair way an example of this is channel 4s Big Fat Gypsy
Weddings as it has been accused of causing racism and a lot of discreminations they
forshow Gypsies as crazy and uncontrollable people that dont live by the rules they
http://www.theguardian.com/media/2015/jul/02/broadcasters-minorities-tv-ofcom

2.

Explain what the following bodies do and why they are important (choose the ones
related to your media sector only)

Do not just cut and paste their about us page please read it and put it into your own words.
Add links to their pages
Distinction grade learners will find cases

British Academy of Film and Television Arts

(BAFTA),

Television, Radio and Telecommunications

Office for Communication (Ofcom)

Advertising Standards Authority (ASA),

British Interactive Multimedia Association

(BIMA)

3.

The British academy of film and television arts is an independent

charity that supports, develops and promotes the art forms and it
rewards people who are hardworking and achieving, it holds award
ceremonies, and has a year-round international programme of learning
events which includes some of the worlds most inspiring talent
through workshops, masterclasses, scholarships, lectures and
mentoring schemes, this is available for people of all ages and
backgrounds across the UK, LA and NY, they are a charity so they rely
on income from membership subscriptions and donations
Ofcom is the communications regulator in the UK, they regulate the
TV and radio sectors, fixed line telecoms, mobiles, postal services,
plus the airwaves over which wireless devices operate, Ofcom ensure
that all communications being broadcasted are following the Ofcom
rules and laws if they are breached they will take action against them,
they have already fined 3 major companies for fines over 250k for
breaching their rules.
The ASA is the Uks advertising regulator, they monitor all adverts
before they are released and cover the hole media of advertising
which is in, radio, television and film. This means they must decide
whether the advert is appropriate and not harmful or offensive to the
audience that will be watching or listening to the advert, if it is
offensive by the ASA standards they will be taken down or be reedited
in order to fit within the regulations of the ASA
BIMA is the British interactive media association they consists of
supporting and promoting the British digital industry, share knowledge
and best practice, insist on rewarding great work and to encourage
the next generation, BIMA provides a valuable way to keep up with
developments in a fast-,oving sector, they provide access to market
data and intelligence through links with government departments,
professional bodies and holds regular talks and conferences on key
industry.

Then discuss the issues that these regulatory bodies may face with regard to

Consumer choice

Freedom of information

Censorship

Taste and decency

Deadline: Week starting 14th December 2015

|The issues that BAFTA may encounter in regard to consumer choices are that when BAFTA have to pick winners for
their award ceremony they need to take into account all types of people that watch films. This means they
cannot take into account their own options and have to vote on the winners that the majority of the audience
will agree with, as well as this they need to make sure that they have to make sure when creating the awards
that they need to have a large range of awards with the films and example of this is to not have too many
awards in one category of films such as only 18+ films getting the awards, and have a wider variation of all
genres of films so all the different films in the industry will get a better chance in receiving an award and the
audience will have a better chance in getting their program with an award, consumer choice is very important
as it gives variation to the industry and creates competition for everyone else, it gives more genre and

more chance getting their program awarded or up for nomination

when BAFTA
created workshops for the public they need to have a teacher that the majority of the
people would enjoy being taught by and like and teach something the public would like to
learn, they need diversity in their workshops so more different types of people can attend
and learn from this workshop, BAFTA have many advantages on using consumer choice as
it helps create the event and improve it however I do not think they should only rely on
consumer choice as then it could cause issues.
Ofcom handles consumer choice in a different manor, as Ofcom regulate what is aired on television and radio they are
obliged to verify their content before it is aired and it must follow certain rules and laws so it is appropriate for
the viewers watching and is to a certain age consent for example some content can only be played after the
watershed, but they also have a sector where they manage complaints when some people may see something
on TV or hear a programme on the radio which they find offensive or think is harmful. Whenever Ofcom
receive a complaint they review it under the broadcasting code to see if it has a problem and needs to be
gone under investigation, the broadcasting code sets standards for television and radio to shows and
broadcasters have to follow these rules, for example the code has rules on what can be screened on TV before
the 9pm watershed. If they find a programme has broken these rules, then it will be found in breach of the
code and Ofcom will publish this decision.
Unike Ofcom the ASA dont just wait for consumers to make a complaint they proactively check to see that the codes
as well as the rulings are adhered to, for example by viewing if any necessary changes have been made to
advertisements, they routinely monitor the media to make sure the codes are being observed to protect
consumers and fair competition.
Issues that BIMA may encounter is that they consist of supporting and promoting the british digital industry and in our
days there are thousands of programmes being created and it can be hard for BIMA to support all of these
productions and promote them all at the same time it would be very difficult for them to afford this and be
able to choose certain products from others they would need to determine what would be beneficial to them
aswell financially. But they also insist on rewarding great work this is also another big issue like BAFTA as they
would need to classify certain categories and there are loads of categories to choose from and they cant
reward every good piece of work they see and to do this individually as a company would be very hard so
would need to rely on consumer choice and let the people decide who should benefit from BIMA
The issues that BAFTA may encounter with freedom of information is that say, Channing Tatum was not awarded a
BAFTA after his latest film, he would like to know why he wasnt awarded an award and so might the people at
the BAFTA awards so BAFTA would need to publically announce why Channing Tatum did not receive a BAFTA
award. With Ofcom if a programme has been removed or has a certain age restriction using the freedom of
information act anyone is allowed to find out why such an action has been made to that specific content if the
information they would like to obtain is not available to acquire. With the ASA it is almost the same principal as
the Ofcom freedom of information, say someone would like to know why an advert has been removed or
reediting they could submit a question with the act and find out why it was removed or modified, the same
goes for if they had an inquiry about the advert
Censorship is another major problem that these bodies will have to deal with because not everything is aloud to be
played on the TV, for example adverts or programs being played at unreasonable times before the watershed
with content not appropriate for found children so it should be censored as some things may cause harm to
children, an example of that is bad influence which could simple be a smoking or drinking advert.Its very
important that offensive advertising is removed from any sector and that inappropriate content should be
reedited, so the ASA and Ofcom should inspect all their content so it ensures that this is not broadcasted but
should be careful that what they may consider inappropriate does not breach freedom of speech
Last of all taste and decency is the last problem that these bodies may face, this means they need to watch out that no
nudity, crime, or disorders and disturbing content which could be offensive to the public should not be
broadcasted, any content which breaches these sectors are a violation of the taste and decency act here we
have an example of what ofcom says about this http://stakeholders.ofcom.org.uk/broadcasting/broadcastcodes/legacy/text_srvcs/part_a/taste_decency