1. BTEC ExtendedDiplomainCreativeMediaProduction
Unit 7: Understanding the Creative
Media Sector
Learning outcome 2:
Understand ethical and legal constraints
within the media sector
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Understand legal constraints in the creative media sector
Use this workbook to help you with this learning outcome. There is some guidance
and further notes, which you should read and then remove, replacing it with your
own answers.
Are representations ever realistic?
2. BTEC ExtendedDiplomainCreativeMediaProduction
The media ever show a realistic representation of the subject and it is always given
from certain perspective whether it is positive or negative. The media companies want
to portray their own opinions to convey what the public should think.
What sort of things can influence the representations that we see?
Different media companies can influence the representations. Most opinion can be
influenced by politics and modern society and also celebrity gossip.
Find an example of representation and explain what you are seeing:
This article shows that the amount of refugees entering the UK has doubled and have
bolded the doubled to make this subject come across negative where as it van be
seen positive as we have doubled the amount of refuges we’ve helped.
How many categories of word do Ofcom have? Explain each one.
(You can explain the different types of category. You are not required to provide
specific words.)
A- not before the watershed which is 9 o'clock and it often comes with editorial
guidelines.
B- generally not before 9 o'clock however, there can be expectations.
B2- still before 9 o'clock but restrictions still apply but some words may be used such
as ass and crap.
Why does Ofcom have this list of words? Do you think there should be
restrictions on when certain words can be used?
3. BTEC ExtendedDiplomainCreativeMediaProduction
I think it is important to make sure words are used at specific times for instance 5
year old children may be watching a programme and if certain words are used for
instance sh*t they are not old enough and responsible enough to choose when it's
acceptable to say this. They might not have been told by their parents not to say these
words.
Why does the NUJ produce language guidelines?
They do it to ensure journalist have the best practises when discussing issues it can
prevent offence taken from the general public. Language can be about much more
than swearing. The type of words used to describe people can influence how we feel
about them. There are lots of guidelines to help with this although, they are not always
followed.The NUJ provide guidelines for all kinds of news reporting. It helps journalists
to follow best practice when discussing a range of issues.
Should we protect groups of people by putting in place guidelines on how we
talk about them?
We should put in certain guidelines to protect specific groups of people to prevent any
offence that could be given to them. Labelling certain groups of people using the
incorrect terminology is the main offense that is given to theses groups. Such as
“Gypsy” or “immigrant” are used a lot throughout the news to label theses people. The
politically correct term to call a gypsey is infact Gypsy or traveller however it must be
used in the correct context and not said in a negative way because then you are then
being racist by using one word to describe all Gypsies. When using the word
immigrant you have to be careful to use int in the right context as it is used wrongly in
most circumstances. Immigrant is when someone goes to live in a foreign country
permanently and is not when they are born in the same country. Many people see
different raced people living in britain as “immigrants” whereas as infact as they were
born here they are just as british as the “british person”.
There are 3 ways in which a broadcaster can make it easier for people with a
disability to access its programmes. What are they?
The three ways are subtitling, signed, audio description. Subtitling is currently is
being used by over 70 channels. Subtitling is used a lot on kid’s channels. Signed
television is when a signer signs to the audience who have hearing difficulties or who
are death and the signer I in one of the corners often on channels such as kids
programmes and reality shows. Audio description can be often a setting on your TV
and it will give visually impaired or blind people an audio description of what is
happening on the programme.
Who ensures that broadcasters are making their programmes accessible? What
are the consequences for broadcasters if they do not meet their accessibility
requirements?
4. BTEC ExtendedDiplomainCreativeMediaProduction
Ofcom ensure channels such as, the BBC accessibility is at their best. Ofcom go over
and check that the BBC is accessible to everyone by supplying Subtitling, Signers and
audio descriptions. If they are not as accessible as possible Ofcom will fine them.
Why do we have codes of practice?
A code of practise is a way a product should be produced and these are guidelines to
help the publisher of the product doesn’t cause harm or offend the general public.
Use one code of practice and investigate it in detail:
The BBC Editor guidelines cover a range of areas and provide guidance to those
people who are producing work within the BBC. It ensures a product does not harm or
offend the public. And it makes sure it is accurate. The Editors’ Code of Practice sets
out the rules that newspapers and magazines regulated by IPSO have agreed to
follow. The Code is written and administered by the editors code committee and
enforced by IPSO.The latest version of the Editors’ Code of Practice came into effect
on 1 January 2016. It covers a large range of areas that it involves with. newspapers
need to report news that is accurate and true. privacy , harrasment, children, reporting
suicide, intrusion into grief or shock, children is sex cases, hospitals, reporting crimes,
victims of sexual assault, financial journalism, payment to criminals. Theses are all
examples of what the editors code of practise have to cover and keep these off the
newspaper headlines and content of the newspapers and media must not involve
themselves with these topics.
https://www.ipso.co.uk/editors-code-of-practice/
What is the Broadcasting Act and what did it do?
This allowed for the programme channel 5. It also allowed for new commercial radio
stations to be created at a national regional level. The broadcasting act 1990 allowed
for big changes in the number of media outlets in the UK.
What is the Official Secrets Act?
5. BTEC ExtendedDiplomainCreativeMediaProduction
The official secrets act makes it a criminal offence to obtain or publish any
information from a serving or former member of the security and intelligence services
or from certain categories of civil servants or public contractors where that disclosure
would be damaging. There is no public interest defence. If it is anticipated that a
project will stray into this complex area of law, referral to your commissioning editor
and programme lawyer should be made immediately.
Find an example of when it has been used and explain why it was used and
what the outcome was.
The Metropolitan police are seeking a court order under the official secrets act to
make Guardian reporters disclose their confidential sources about the phone-hacking
scandal.National security could have been breached in July when reporters Amelia
Hill and Nick Davies revealed the hacking of Milly Dowler's phone. They are
demanding source information be handed over."The protection of sources is an
essential principle which has been repeatedly reaffirmed by the European court of
human rights as the cornerstone of press freedom. The NUJ shall defend it. In 2007 a
judge made it clear that journalists and their sources are protected under article 10 of
the Human Rights Act and it applies to leaked material. The use of the Official Secrets
Act is a disgraceful attempt to get round this existing judgment."
(david leigh, Friday 16 September 2011 15.40, The guardian)
Should we have an Official Secrets Act?
We should have an official secrets act as it keep information from falling into the
publics domain. Some of the public cannot be trusted with his information. This will
decrease the terrorism and loop holes in the information. It sops from newspapers
recalling this information.
What is the Obscene Publications 1959 and what is its definition of obscenity?
The act came about in 1959. It was originally intended to cover literature but in 1977 it
began including film. It may include pornographic and morally wrong events. Either
published in text or images. In modern media, the obscene publications act usually
revolves around sexual videos or literature. For example, sexual acts with animals,
realistic portrayals of sex crime, torture with instruments.
Give an example of a recent case involving the act (1990 onwards). What
happened, who was involved and what was the outcome?
India: Journalist arrested under Official Secrets Act
The Committee to Protect Journalists is deeply concerned about the arrest of Iftikhar
Gilani, the New Delhi bureau chief for the Jammu-based newspaper. Police accused
Gilani of possessing classified documents and arrested him under the provisions of
India's Official Secrets Act, a draconian law that is a legacy of British colonial rule.
Authorities confiscated Gilani's computer and several documents, including bank
statements, according to his wife. Gilani was arrested at his home around 9:30 p.m.
6. BTEC ExtendedDiplomainCreativeMediaProduction
https://cpj.org/2002/06/india-journalist-arrested-under-official-secrets-a.php
What is the Video Recordings Act? Why was the Video Recordings Act
introduced?
It was initially founded in 1984. The act has been recently updated in 2010. 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. In January 2010, the Video Recordings
Act 2010 (VRA 2010) came into force. This simultaneously repealed and immediately
revived without amendment the Video Recordings Act 1984, in order to correct a
procedural error made during the passage of the VRA 1984.
What were some of the films that were prosecuted by the Director of Public
Prosecution?
SS experimental
Cannibal holocaust
A lot of animals were killed such as pigs and squirrel monkeys. Ruiggero Deodata
was the director.
Snuff
The driller killer
What is the equality act?
It is designed to reduce discrimination and racism. It has 9 protected to
characteristics. It deals with working parents and child care, equal pay rights and
harassment at work.
7. BTEC ExtendedDiplomainCreativeMediaProduction
What are the 9 protected characteristics?
The 9 Protected characteristics are age, disability, gender reassignment, marriage
and civil partnership, race, religion or belief, sex, and sexual orientation.
Can you find an example of a case involving the equality act? What happened
and what was the outcome?
The Christian owners of a guesthouse who were ordered to pay damages for turning
away a gay couple have lost their UK Supreme Court fight. In 2011 a judge at Bristol
County Court concluded that the Bulls had acted unlawfully and ordered them to pay a
total of £3,600 damages. Hazel Mary and Peter Bull refused to let civil partners
Steven Preddy and Martyn Hall stay in a double room at Chymorvah House in
Marazion in Cornwall in 2008. Mr and Mrs Bull have said they regard any sex outside
marriage as a "sin".
What protects people from journalists invading their privacy?
The Privacy and the Human Rights Act 1998 and The Data Protection Act 1998 are
some acts that protect people from privacy laws. The NUJ says that the code of
conduct that journalists should not intrude into nobody’s private life, grief or distress
unless justified by overriding consideration of the public interest.
Find a privacy case and explain who was involved, what happened and what the
outcome was.
The prince of wales vs the associated newspapers
Shortly after a state visit by the Chinese President to London, A published extracts from a
journal written by P about his official visit to Hong Kong in 1997. It had obtained the journal
from a former employee of P, together with 7 other journals. P brought an action for breach of
confidence and copyright, and applied for summary judgment in respect of all 8 journals.
Blackburne J granted P summary judgment in relation to the Hong Kong journal only. A
appealed.
http://www.5rb.com/case/hrh-the-prince-of-wales-v-associated-newspapers-no-3-ca/
8. BTEC ExtendedDiplomainCreativeMediaProduction
What areas does the Copyright and Intellectual Propertylaw cover?
Intellectual property law covers four elements: Patents, trademarks, designs and
copyrights. It is used to protect work that people have created or invented, such as
literature, music, designs and inventions.
Why is copyright important to the creative media sector?
It is very important to the creative media sector as there are many creative designs
and techniques that are mad and by having this copyright law it protects their work
and make it there own so no other people can taken credit for their work or copy it in
any way to make profits.
What is libel? What must you be able to prove to win a libel case?
Libel is a published false statement that is damaging to a person's reputation; a
written defamation. If the hurtful statement is spoken, the statement is "slander." The
government can't imprison someone for making a defamatory statement since it is not
a crime. Instead, defamation is considered to be a civil wrong, or a tort. A person that
has suffered a defamatory statement may sue the person that made the statement
under defamation law.
Find an example (not the one you were given in the lecture) of a libel case.
The guardian
Simon Singh wins libel court battle
Science writer accused of libel when he doubted chiropractors' claims of success in
treatment of some childhood conditions Singh was accused of libel by the British
Chiropractic Association (BCA) over an opinion piece he wrote in the Guardian in April
2008.
