2. BTEC ExtendedDiplomainCreativeMediaProduction
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?
In the media, some of the images may not be real, or they create a their own image for their
audience.
The negative representation is when something is shown in the worse way possible through
manipulating an image.
The positive is produced to create something to look its best.
I think that the media is not very realistic and tend to portray something in a negative way
for their viewpoint and to create a story to go with the manipulated image.
An example of this is the media can influence the different ways in which the media
represents genders, in video games; the women characters are sexualised a lot.
What sort of things can influence the representations that we see?
Different media companies.
The audience that the media targets.
Culture.
Most opinions can be influenced by politics, celebrity gossip.
Find an example of representation and explain what you are seeing:
This is a representation of mentally ill people being
portrayed in a negative way. The media loves to create
world panic over things that no one should be scared of,
creating a representation of ill people. They use the word
‘mental’, which is associated with serial killers and bad
people.
The ‘exclusive’ gives the illusion that the audience has to
read it because it’s only for them.
It has been represented in this way to have the shock
factor.
How many categories of word do Ofcom have? Explain each one.
There are three different categories for Ofcom, these include:
A: Not before the watershed (9pm) and often come with editorial restrictions.
B: generally not before 9pm, with exceptions
B: Pre 9pm but some restrictions still apply
3. BTEC ExtendedDiplomainCreativeMediaProduction
Why does Ofcom have this list of words? Do you think there should be restrictions
on when certain words can be used?
These categories are used to restrict certain people being subjected to things they may find
offensive, such as bad language in front of their children.
I think we should have these restrictions because it protects certain people from words or
actions that may distress them.
Why does the NUJ produce language guidelines?
They make sure that journalists best practice when discussing a range of issues. For
example people are discharged from a psychiatric hospital, not ‘released’. This shows how
the words can imply something when it is not true.
Don’t use terms such as ‘bogus’, or ‘failed’ asylum seekers. Use some words in certain
concepts with caution, such as using ‘immigrants’.
Should we protect groups of people by putting in place guidelines on how we talk
about them?
There are 3 ways in which a broadcaster can make it easier for people with a
disability to access its programmes. What are they?
Subtitling: currently 70 channels are required to provide some level of subtitling, with the
BBC committed to subtitling 100% of it’s programming.
Signed television programmes incorporate a signer translating dialogue and sound effects
into sign language. Low audience channels may, as an alternative to transmitting their
quota of sign interpreted programmes, pay an equivalent sum of money to the British Sign
Language Broadcasting Trust, which has been set up to commission programmes
presented in sign language.
Audio description comprises a separate audio track in which a narrator uses spaces in the
original sound track to describe what is happening on-screen for the benefit of people with
visual impairments.
Who ensures that broadcasters are making their programmes accessible?
OFCOM covers most content on television, radio and video on demand services. OFCOM
try to ensure broadcasters are accessible to many people by making that broadcaster follow
their rules.
4. BTEC ExtendedDiplomainCreativeMediaProduction
Why do we have codes of practice?
We have codes of practice to act, as guidelines about the way a product should be
producing and often the content of the product. The BBC Editorial Guidelines cover a range
of areas and provides guidance to those people who are producing work within the BBC. It
mixes guidelines, which cover how the BBC wants to go about its work with BBC charter
rules and legislation covering all broadcasters. The sections that the organisations look at
include accuracy, impartiality, harm, offence and religion. The producers of the BBC can
use these guidelines when making the decisions about the content of a production.
People can use these guidelines to hold the BBC to account if the feel they have broke their
own rules.
Use one code of practice and investigate it in detail:
I will be looking at The Independent Press Standards Organisation (IPSO), which deals with
complaints from the wide audience of the print industry. The IPSO produce the Editors
Code of Practice, which outlines how newspapers should behave. This includes covering
areas such as accuracy, privacy, harassment and the reporting of crime, this means that if
any of the newspapers post something that could offend or that is not based on facts, then
the general public can contact IPSO and they could deal with situation. Although IPSO
cannot issue fines, so cases of libel must be pursued through the courts.
What is the Broadcasting Act and what did it do?
The broadcasting act came out in 1990. It created a new regulatory body, which has less
control over the media than before. It allowed for the creative of Channel 5. It allowed for
new commercial radio stations to be created at a national ad regional level.
To try and encourage many different people to own parts of the media, it restricted national
newspaper owners to holding no more than 20% of a television company. It encourages
consumers to buy parts of the media. Similar cross media ownership restrictions applied to
commercial TV, satellite TV and national radio stations.
Rupert Murdoch controversially found a loophole to these restrictions on the basis that Sky
Television was a non-UK Service.
What is the Official Secrets Act?
The Official Secrets Act is a piece of law that protects state secrets and national security.
It is common to for people to have to sign this the official secrets act before and after a
period of employment that involves access to secrets.
The Official Secrets Act has been used previously to try to force journalists to reveal their
sources, if the authority believes that are a matter of national security. In 2011, the
Metropolitan Police attempted to use the act to make the Guardian newspaper reveal the
sources that gave them information on the phone hacking scandal.
5. BTEC ExtendedDiplomainCreativeMediaProduction
Find an example of when it has been used and explain why it was used and what the
outcome was.
Snowden leaks 'worst ever loss to
British intelligence'
Edward Snowden leaks classified information about the British Government.
Should we have an Official Secrets Act?
Yes because it allows key information to be kept from the public as well as apposing
governments and apposing public. It could also create panic in the country or give
information to terrorists, which could end with a deadly reproduction because of important
information being public. Although
But yes
What is the Obscene Publications 1959 and what is its definition of obscenity?
The Obscene Publications Act 1959 is an Act of Parliament that reformed the law related to
obscenity, it acts to protect people from obscene things in literacy but in 1977 they started
protecting film as well. This could include violent sexual acts, torture, mutilation etc. This act
stops other publications from making these things public such as online. It is done to stop
people being corrupted by what they see.
Give an example of a recent case involving the act (1990 onwards). What happened,
who was involved and what was the outcome?
6th
of jan Micheal Peacock pornographer mail order business, undercover police officer
‘watersport’, prosecuted for it but he wasn’t guilty due to no one being corrupted because of
the video or in the video.
What is the Video Recordings Act? Why was the Video Recordings Act introduced?
It was a response to ‘video nasties’ appearing on the market without any regulation, so in
1984 they created an act so that every film or video had to go through the act. Although
some of these videos were already on the market, which caused a lot of offence. The act
was then updated in 2010.
6. BTEC ExtendedDiplomainCreativeMediaProduction
What were some of the films that were prosecuted by the Director of Public
Prosecution?
SS Experimental Camp- is a 1976 Nazi exploitation film directed by Sergio Garrone. The
plot concerns consensual sexual experimenting with female prisoners of a concentration
camp.
Cannibal Holocaust- an Italian film made is the 1980s with lots of animal abuse. In 2001,
five mins was removed and 15 seconds was removed in 2011. Director is Luiggero
Deodarta.
Snuff- Snuff is a 1976 splatter film. The film started out as a low-budget gore film titled
Slaughter which was written and directed by the husband-and-wife grindhouse filmmaking
team of Michael and Roberta Findlay. Filmed in Argentina in 1971.
The Driller Killer-The Driller Killer is a 1979 horror film directed by and starring Abel
Ferrara, Carolyn Marz, Baybi Day, and Harry Schultz. The plot concerns an struggling artist
turning mentally insane and resulting him killing derelicts with a power drill.
What is the equality act?
The equality act set in 2010 was designed to encourage the identification and elimination
of discrimination, sexual harassment and victimisation and their causes, and to promote
and facilitate the progressive realisation of equality. It was made to make people aware of it
and to also encourage them not to do it. It brings together a range of different acts to
ensure people are not discriminated against because of any of the 9 protected
characteristics.
What are the 9 protected characteristics?
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?
http://www.equalityhumanrights.com/legal-and-policy/legal-updates/legal-cases
Irish Travellers denied access into a Witherspoon pub, took it to court and they decided
they were discriminated against so they got £3,000 each.
A gay couple was denied entry in a B&B; they took it to court and won the case.
What protects people from journalists invading their privacy?
The Editors code of practice includes a section on privacy. It explains that everyone is
entitled to respect for their private and family life, home, health and correspondence,
including digital communications. The NUJ says in its code of conduct that journalists
should not ‘intrude into anybody’s private life, grief or distress unless justified by overriding
consideration of the public interest’. This means that if something is in the publics interest,
celebs privacy can be invaded. Although there is no express right to privacy under English
law there are a number of rights that, in various ways, relate to privacy.
Some acts relating to privacy are:
Privacy and the Human Rights Act 1998
The Data Protection Act 1998
8. BTEC ExtendedDiplomainCreativeMediaProduction
Find an example (not the one you were given in the lecture) of a libel case.
(Explain in detail what happened, who was involved and what the outcome was. You could
find a case which was won or lost.)
Keith Smith VS Williams 2006 it was on a message board from Yahoo with a lot of
members. Tracey Williams accused Keith Smith for being a racist, sexual offender and a
Nazi. Keith was found successful and the court ordered Tracey to pay £10,000 plus costs.
