1. 3.Understand contractual, legal and ethical
obligations in the television and film
industries
The legal department at Screenstarz now needs your help in researching past
examples of legal issues within the industry. They need you to help them
understand the contractual, legal and ethical obligations in the television and
film industries.
You will:
- research contractual, legal and ethical obligations in the industry
- produce a written report or a video presentation documenting your findings,
illustrated with examples from the industry to support their findings. You must
cite all of your sources.
2. Employment Legislation – Gender and Age discrimination
at the BBC
It is against the law for a media company such as the BBC to
discriminate based on age or gender.
Read the articles for further information.
Example 1: Carrie Gracie – resigned as China editor at the BBC
due to a lack of salary with male counterparts. Sparked debate
about gender fairness. Read here.
Example 2: Political discussion over gender and pay equality here.
3. Ofcom have published a report that reveals how well broadcasters are promoting
equality of opportunity, diversity and inclusion in employment.
Lack of opportunities for female directors has been documented in Hollywood that
breaches civil rights legislation. Only 7% of the directors of the 250 top-grossing
Hollywood-produced films were women – down 2% on the equivalent figure for 1998 –
in 2014. https://www.theguardian.com/film/2015/oct/07/us-hollywood-discrimination-
prejudice-female-directors-equal-opportunities
BFI is very aware of this and has launched a fund to build a more diverse, inclusive
workforce and culture.
http://www.bfi.org.uk/about-bfi/policy-strategy/film-forever/research-diversity
In 2013 just 5.3% of the film production workforce, 3.4% of the film distribution
workforce and 4.5% of the film exhibition workforce were from Black, Asian and
minority ethnic backgrounds in 2012.
http://www.bfi.org.uk/about-bfi/policy-strategy/diversity
Employment Legislation – Equal Opportunities
Only 16% of
working film writers
in the UK are
female, and only
14% of prime-time
TV is female-
written. – Writer’s
Guild
4. Employment Legislation – disability in film/TV
TV and Film companies are often keen to show that they incorporate
diversity into their workforce.
Channel 4 especially are a good example of this, as they
have publically launched a ‘year of disability’ and ‘search
for new disabled talent.’ (read the articles for more
information)
Ash Atalla, the former producer of hot TV show ‘The
Office’ is struck by the lack of upswing of disabled people
in the industry, but he also accepts that the job of comedy
is to make people laugh. More here.
5. • Race relations Act (1976) established to prevent
discrimination on grounds of race.
• This act was repealed by the Equality Act (2010) which
incorporates numerous acts and regulations such as equal
pay act (1970), sex discrimination act (1975)
• It requires equal treatment in access to employment as well
as public and private services regardless of age, disability,
gender reassignment, marriage, race, religion, sex and sexual
orientation.
Laws against discrimination – the Equality Act (2010)
6. Health and safety
- The NUJ knows that health and safety is central to keeping people safe at work. These
regulations are required by law.
- BECTU’s health and safety craft cards.
Exploitation in TV
- Exploitation of people in the film industry – unpaid internships have come under scrutiny
as they only allow well-off people to participate. Read more here.
Trade Unions in Film and TV
https://www.bectu.org.uk/about - BECTU is the UK’s media and entertainment trade union
which has about 40 000 members. It aims to do things such as negotiate pay and offer
personal advice.
https://www.nuj.org.uk/about/ - The NUJ is the voice for journalists and journalism. It aims
to protect and promote media freedom.
https://writersguild.org.uk/ - trade union protecting writers in the UK.
Rights for workers
7. Legal Obligations of a TV/Film Company
The Broadcasting Act (1990) – marked the establishment of licensing for non-BBC broadcast services. Allowed the growth
of satellite TV and channel 5 to be created.
The BBFC – All digital works are submitted to the BBFC for age rating. If it contains material that falls foul of UK law, it will
be cut from the work. A work could be denied a certificate unless edited. Read this article when a DVD entitled ‘The Bunny
Game’ was rejected.
Obscene Publications Act (1959) – The definition of obscene is "likely to deprave and corrupt.” This act applies to television
and covers all material. More likely to apply to research material as most broadcasts subject to stricter tests of the
Communications Act 2003 and the Ofcom broadcasting code.
"But bestiality, necrophilia, rape and torture would still be considered obscene." Article here.
Defamation Act (2003) – The law of defamation encompasses both libel and slander. A libel is a defamatory statement in
writing or some other permanent form e.g. recorded within a television programme. A slander is a defamatory statement
where publication is by word of mouth.
Copyright and fair dealing - Programme-makers are responsible for ensuring that all necessary clearances (copyright,
trademarks etc.) have been obtained for their programmes. See here for further details.
8. - An employment contract that details the terms of your employment
is binding by law and this applies to anyone employed to work on a
production in any capacity. Unions look after issues concerning
contracts.
Permanent employment: intended to last indefinitely
Fixed term contract: intended to last for a fixed term IE two years
Freelance: Normally for shorter stints and self-employed.
- Some contracts may contain specific clauses relating to confidentiality
or exclusivity. The BBC got into trouble for ‘buying silence’ from those
who make controversial allegations. Article here.
Employment Contracts
9. According to Articles 8 and 10 of the European Convention on Human Rights,
everyone has the right to privacy for private and family life and the right to
freedom of expression. This was incorporated into UK law in the Human Rights Act
1998.
All codes of practice give guidance related to the issue of privacy in the use of
recording telephone interviews, hidden microphones and cameras, scenes of
extreme suffering and distress, interviewing children, set-up situations, interviews
without prior arrangement and video news releases.
Thanks to these restrictions, companies such as the BBC and Channel 4 have put
strict regulations in place to ensure the proper guidelines are followed with regard
to privacy, consent and secret recording. See the below links for more information.
• Channel 4 Producers Handbook guidelines on privacy including the need for consent
to film.
• Clearances - BBC Editorial Guidelines on Contributors & Informed Consent & on
Privacy & Consent
• Using hidden cameras and microphones - BBC Guidelines on Secret Recording &
Channel 4 Guidelines
Ethical Obligations
10. Case study: News International Phone Hacking Scandal
Ethical Obligations – Phone Hacking
In 2009, the Guardian reported a small number of victims of phone
hacking engaged solicitors and made civil claims for invasion of privacy. By
March 2010, News International had spent over £2 million settling court
cases with victims of phone hacking. News International announced on 8
April 2011 that it would admit liability in some of the breach of privacy
cases being brought in relation to phone hacking by the News of the World.
On 6 July 2011, Prime Minister David Cameron announced to parliament
that a public government inquiry would convene to further investigate the
affair. On 13 July, Cameron named Lord Justice Leveson as chairman of the
inquiry, with a remit to look into the specific claims about phone hacking at
the News of the World, the initial police inquiry and allegations of illicit
payments to police by the press, and a second inquiry to review the
general culture and ethics of the British media.
https://en.wikipedia.org/wiki/News_In
ternational_phone_hacking_scandal#L
eveson_inquiry
11. Ethical Obligations – The Leveson Inquiry
The Leveson Inquiry is an interesting example of ethics in
the media. Use the links below to find out what ethical issues
were:
Leveson Report - The Guardian's Speed Read
12. Ethical Obligations – The Leveson Inquiry
Viewer Trust
Channel 4's Producers Handbook states:
Since the early days of factual film-making the making of programmes has always been more
sophisticated than the simple recording of action in real time. It is a creative, rather than literal,
medium, often reflecting the style of the film-maker in a similar way to a writer. The
structuring and compression of experience is inherent in the making of a programme.
However, although the editing process will inevitably condense events which have occurred
over a period of time, this process must not distort reality and mislead viewers. The truth
must not be sacrificed for the sake of a more entertaining programme if the effect is to
cheat the viewer. Similarly, viewers must not be misled about the nature of material they
are watching. If it is claimed or suggested that footage is actuality, then that is what it should
be; if it is not, then that must be made clear to viewers.
