Media regulations updated


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Media regulations updated

  1. 1. TRUTH AND ACCURACYViewers must expect that programmes are accurate and true and also the audience must not be misled or lied too. This applies to all types of media, such as entertainment programmes that contain factual elements, for example “Top Gear”. Real events, whether they are in documentary form, feature form, factual entertainment, drama or any other programme, which the viewer is entitled to take at face value, must uphold a respect truth and accuracy. Programmes must be honest, fair and accurate and must not mislead viewers.The things above must be taken into account when producing any media text, it means thatthe producer takes care to not offend the viewer’s or participants and bring the audience anaccurate story. Nick Broomfield did this when filming his documentary on Aileen Wunros theserial killer by keeping his own feeling out of the documentary and stayed firmly neutralletting the people involved only tell the story. He kept his opinions hidden until the very endwhere he believes it isnt right to carry out the death sentence on someone who is mentallyunfit such as Aileen.
  2. 2. RECONSTRUCTIONS• All reconstructions must be fair and accurate.• If there is a chance that the reconstruction may not be entirely accurate, reconstructions should be labelled as such to avoid confusion for the audience.• Where there is risk of distressing or disturbing the audience by reconstructing actual events, the viewers must be informed via a disclaimer at the beginning of the reconstruction.
  3. 3. SECRET FILMING • Subjects must not normally be filmed or recorded secretly in a programme unless the broadcaster is contacted first and approves. • Producer‟s need to set out justifying the need for covert filming, and it must follow the clauses of Section 8.13 of the Code. • Before any secret filming takes place, the film makers must follow important guidelines or the footage will fail to be included.Covert filming is often seen in televisionshows such as Rouge Traders, in which aperson will go “under cover” and covertheir house in secret camera‟s in order tocatch a contractor or businessman whodoes a shoddy job, steals or is otherwisecorrupt
  4. 4. PAYMENTS• Film makers must not make payments to sources or contributors the approval of the broadcaster or a solid reference. This does not include modest expenses e.g. to cover meals and taxi fares.• Film makers must gather advice from the programme lawyer before agreeing to make or making any payment to a convicted or confessed criminal.• You must not make any payment or agree to make any payment to any witness or defendant involved in any kind of legal activities without the permission of the commissioning editor and programme lawyer. Where criminal proceedings are likely, never pay or promise to pay a potential witnesses without first asking your commissioning editor and taking advice from the programme lawyer.
  5. 5. CONTRIBUTORS• If advertising for contributors, the wording of adverts should be run by the commissioning editor and programme lawyer in order to see if they are acceptable.• Contributors should take part in programmes on the basis of their informed consent.• Permission should normally be in the form of a signed form, although consent on camera may be acceptable.• The film makers must make any „set-ups‟ or use of deception justifiable for the public interest and this must always be agreed in advance by the broadcaster, unless it is intended to seek permission of those filmed before the date of broadcasting.• Letters to key contributors should be approved by the commissioning editor and programme lawyer before being forwarding to the contributors.• Approaches to seek a response in relation to significant allegations or criticisms must be consulted and approved before hand by the programme lawyer.• Any conditions placed on interviews by contributor need the programme lawyer to approve before programme makers accept.• Attempts to seek interview‟s without prior arrangement, must be discussed and approved by the programme lawyer before hand.• If filming with the police or other authorities, seek advice from the programme lawyer.
  6. 6. FAIRNESS AND PRIVACY • Film maker‟s must avoid the unfair treatment of individuals or organisations in programmes. • If the programme you are making involves criticism or might be making any damaging allegation about any living individual or organisation, seek advice from your programme lawyer. • Significant infringement of privacy of an individual or organisation, in the making or broadcast of a programme, must be justified and warrented by the public interest.Nick Broomfield makes sure to treat all of his interviewee‟s andcontributors with care, he chooses the questions he askscarefully so that he doesn‟t hurt their feelings or make themunwilling to talk to him. This is done by asking careful indirectquestions so that whoever he is talking to feels comfortableand trusts him.
  7. 7. PROTECTING YOUTH • Under 18s must be protected from potentially harmful and offensive material. One of the main ways of achieving this is through the appropriate scheduling of programmes. • The watershed is 9 pm. Nothing unsuitable for children should be shown before 9pm or after 5.30 am. After 9 pm, there should then be a gradual transition to more adult material. • Potentially harmful or offensive material that should only be shown after the watershed includes strong language, violence and sexual behaviour. Its inclusion must be justified editorially and by the context. • Audience expectation is of key importance. The audience should be clearly warned of any potentially harmful or offensive material prior to watching the media. This usually requires clear on-air pre-transmission warnings. • Programmes should not condone violent, dangerous or anti-social behaviour. • Any discriminatory treatment or language for example on grounds of age, disability, gender, race, religion, beliefs and sexuality must be justified by the context. • Programmes should show respect for human dignity. In news and other factual programmes, showing people in distress and in sensitive situations requires precise editorial justification.The producer‟s of Nick Broomfields documentary have taken a youngeraudience into account by putting the documentary on T.V after 9:00pm in orderto not expose a younger audience to it‟s adult theme‟s.
  8. 8. CRIMINALITY• Programmes involving criminals or about criminality require a degree of care and are likely to be legally contentious. Meaning that any footage cannot go to court for fear of bias on a dury. Because Nick Broomfield is dealing with a psychopathic serial killer he must take special care throughout the documentary. He cannot be seen to be siding with Aileen as she is a criminal, but he can‟t be seen as against Aileen otherwise it could be considered unfair to her which breaches the fairness and privacy clause of media regulations.
  9. 9. IMPARTIALITY • Programmes dealing with matters of political or industrial controversy or matters relating to current public policy should be duly impartial, this means they must not show any bias behaviour and strictly of a neutral field.In Aileen – selling of a serial killer, Nick Broomfieldfocussed on whether or not the death penalty shouldbe legal or not. He remained neutral throughout thedocumentary, only telling the participants side untilthe very end when he implies that he doesn‟t agreewith the death penalty. He does this to remainimpartial to others opinions so that the documentarydoesn‟t have bias.
  10. 10. POTENTIALLY OFFENSIVE MATERIAL• Media with the potential to cause offence with perhaps strong language, violence, sexual violence, explicit sexual portrayal and others, must always be justifiable by the context. Advice should be gathered from the legal & compliance department at an early stage.• The commissioning editor with advice of the programme lawyer, will ensure that an on-air warning is given to viewers, where appropriate. At the beginning of Nick Broomfields selling of a serial killer it states that the documentary could contain material some viewers may find offensive, this means that the viewers are aware of what to expect.
  11. 11. COMMERCIAL REFERENCES• Programmes should not give undue prominence to commercial products or services.• Product placement is not allowed.• Where programmes contain viewer competitions and or premium lines for viewers to call, gather the programme lawyer‟s insight.• Sponsored programmes must not show promotional references to the sponsor or any of its activities, products or services.• Advertisements or clips from adverts used in programmes require a lot of editorial justification. Always seek advice from your programme lawyer.
  12. 12. GLOSSARYAccuracy – The condition or quality of truth and how close something is to the true eventsBalance – A situation in which different elements are equal to the correct proportionsImpartiality – When someone is impartial to a situation it means that that have no opinion to it, in other words they are neutral.Objectivity - A proposition is generally considered to be objectively true when its truth conditions are met and are "mind-independent“Subjectivity – The content of a media text, for example the subjectivity of Selling of a Serial Killer is Aileen Wunros‟ life.Opinion – When someone has an opinion it means they believe one thing or another, for example in Nick Broomfields documentary his opinion on the death penalty is that it should be abolishedBias – When a person leans to one particular view and therefore when they tell a story , they will tell it in a way that suits their view which doesn‟t always give a very reliable view for the audience.Representation – This is when something might embody something else, for example a weapon may represent death or war.Access – When someone has a right or opportunity to view something that others may not have the ability see.Privacy – When information is kept from general public knowledge in order to keep it privateContract with the viewer – When a contract is made both parties must stick to the terms of the contract to avoid legal action