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Task 3 regulatory bodies
1. REGULATORY AND PROFESSIONAL
BODIES WITHIN THE CREATIVE
MEDIA SECTOR
BY DANIEL HOPKINS
Task 3 Understand the Regulation of
the Media Sector
2. BRITISH BOARD OF
FILM CLASSIFICATION
(BBFC)
The BBFC (British Board of film classification), regulates films and videos within Britain. In order to
protect children from unsuitable and harmful content in films and videos and to give consumers
information they might need about a particular film or video before deciding whether or not to view it,
the BBFC examines and age rates films and videos before they are released. This independent
evaluation prior to release ensures the highest possible level of protection and empowerment. This is
to protect children from being exposed to violent things within movies, including issues such as
discrimination, drugs, horror, dangerous and easily imitable behaviour, language, nudity, sex, and
violence. A graphic film may be based on true events or feature educational and religious events. This
may help decide whether or not to change it.
A member of the bbfc will award a film or video with a rating, once it has passed the regulatory bodies
strict criteria. The bbfc does not only protect children and if a film is deemed to be particularly
offensive it will be awarded an 18 rating, possibly along with the body releasing a statement. The
adverts for the film or things such as posters may also be required to issue warning to the specific
area in which they offend. The BBFC also issues ratings to DVD’s, with the rating for a film in a
cinema and a film on home release possibly differing. This is because an adult buying a dvd may have
less discretion and think a 12 rating for a film isn’t bad for a young child. So, the bbfc may increase a
12 film in a cinema to a 15 film on DVD. The bbfc regularly asks the general public what they think of
their ratings system, with the answers then possibly deciding whether they may ease or tighten the
ratings system. A example of a recent rating introduction is 12a. This allows children under 12 to view
a 12 rated film, if they are in the company of an adult.
3. PEGI
The Pan-European Game Information (PEGI) age rating
system was established to help parents throughout Europe
to make informed decisions on buying computer games. It
was launched in spring 2003 and replaced a number of
national age rating systems with a single system now used
in 30 European countries.
The PEGI labels appear on front and back of the packaging
indicating one of the following age levels: 3, 7, 12, 16 and
18. They provide a reliable indication of the suitability of the
game content in terms of protection of minors. Ratings
such as the ones to the right specify exactly what offensive
things feature in the game. The age rating does not take
into account the difficulty level or skills required to play a
game.
Most games when advertised in Europe will feature a PEGI rating before being advertised. This
may allow some parents to decide whether or not to allow their children to view the advert. There
are three committees within PEGI, a criteria committee, a legal committee and an enforcement
committee. The game will firstly be assessed by a board, who will see gameplay and documents
from the publishers on the video game detailing what is in it. It will then be checked if some parts
of a game are legal or not and if they should be removed to allow a preferred rating. The rating will
then be enforced by PEGI, who will make sure the games are published with their selected rating.
4. FILM DISTRIBUTORS
ASSOCIATION
The Film Distributors Association (FDA) is the trade body for theatrical film
distributors in the UK – the companies that release films for UK cinema audiences.
Originally established in London, the FDA liaises and works with many individuals,
companies and organisations. FDA's Council, or board, comprising a senior
representative of each member company, normally meets six times a year and
considers only matters of generic interest to film distributors. The FDA provides a
voice for UK-based film distributors and is a huge supporter of the UK film industry,
encouraging young film makers. They represent and consult with the UK Film
Council, the government and other trade organisations.
The Film Distributors’ Association (FDA) is effectively a trade association for the
promotion of the sector and delivering services on behalf of its members. Whilst it is
not directly involved in film distribution, its 25 member companies accounted for
around 97 per cent of cinema-going in the UK. FDA is represented on a number of
key film industry bodies, including: The All Industry Marketing for Cinema (AIM), The
Cinema Marketing Agency, The Federation against Copyright Theft (FACT), The
British Screen Advisory Council (BSAC) and The Advertising Viewing Committee.
5. VIDEO STANDARDS
COUNCIL (VSC)
The VSC is a non-profit making company established in 1989 in response to
Government concerns about the video industry. The council upholds and
manages conduct in all forms of distribution within films on home release.
It was established as a Code of Practice designed to promote high standards
within the video industry and to ensure that videos and DVDs that are provided
to the public are done so in a responsible manner. In July 1993 the Code of
Practice was extended to promote high standards within the video games
industry. The VSC supports the anti-piracy activities of the Federation Against
Copyright Theft (FACT) and The UK Association for Interactive Entertainment
(UKIE).VSC is the statutory body of PEGI, which is a regulatory body mentioned
in a previous slide.
The VSC has established Staff Training Guidelines for retailers and others
responsible for supplying videos, DVDs and video games to the public. The
Guidelines have been approved by the trading standards authorities and place
an emphasis on responsible trading and the duty to not supply products that
have an age rating to anyone under that specified age. It also involves
observing all ethical and moral conduct within the world of videos and DVD’s,
ensuring that no inappropriate content is published for consumption.
6. OFFICE FOR
COMMUNICATIO
N (OFCOM)
Ofcom is the communications regulator in the UK. They regulate the TV and radio sectors, telecoms,
mobiles, postal services and the airwaves over which wireless devices operate. They ensure that UK
residents get the best from their communication services and are protected from inappropriate
things within the industry such as scams and malicious practice. The organization works on behalf
of the government and works under a number of acts of parliament, namely the Communications
Act 2003. The main aim of the company is to promote and further the interest of UK citizens and
consumers.
Ofcom licenses all commercial television and radio services in the UK. Broadcasters must comply
by the terms of their license or risk having it revoked. It also commonly publishes updated criteria
for the Broadcasting code. These are an extensive set of rules that all content that is to be
broadcast on commercial radio and television must follow. If people believe that offensive material
has been broadcast on any of those platforms, they can complain to Ofcom. After receiving a
complaint, Ofcom will ask for a copy of the programme from the broadcaster and will extensively
review it to see if it has breached its broadcasting code.
Ofcom is responsible for the rules for product placement, regulating what can and can't be shown
on TV. Ofcom's broadcasting code contains rules about what type of products can be placed in
programmes, where it is allowed and how the placed products can be featured. Programmes that
cannot use product placement. These include news, childrens, religious, current affairs and
consumer advice programmes made for UK TV audiences.
7. TRADING
STANDARDS
INSTITUTE
The Trading Standards Institute represents trading standard professionals in
the UK and overseas, working in local authorities, business and consumer
sectors and in the central government .Trading standards professionals
enforce consumer related legislation which is vast and constantly evolving
and changing. The TSI influences much of that evolution through the work of
our lead officers, trading standards professionals specialising in different
areas of responsibility.
TSI and their lead officers influence by:
• Working with the Government and stakeholders,
• Responding to consultations with their expertise and front line knowledge,
• Campaigning on issues raised on behalf of consumers and business.
They ensure there are no scams in the market and that everything done is
within the law as well as being ethical and in the interests of the consumer or
people involved in the trading.
8. PRESS COMPLAINTS
COMMISSION (PCC)
The Press Complaints Commission (PCC) is a voluntary regulatory body for
British printed newspapers and magazines, consisting of representatives of the
major publishers. The PCC is funded by the annual levy it charges newspapers
and magazines. It has no legal powers – all newspapers and magazines
voluntarily contribute to the costs of, and adhere to the rulings of, the
Commission, making the industry self-regulating.
The PCC is an independent body, which administers the system of self-
regulation for the press. It does so primarily by dealing with complaints, which
are often about breaches of certain codes and laws. It also regulates the
conduct of journalists and newspapers to see if the things they are doing are
within the confines of the law, as well as being ethically right and non-offensive.
It can also assist individuals by representing their interests to editors, while also
defending the press at the same time, entitling them to the expression of free
speech. It make sure that there is no press discrimination such as in the form of
sexism, racism and contains no particularly offensive material that could be
harmful to vulnerable people (children, people with learning difficulties etc.)
9. ADVERTISING STANDARDS
AUTHORITY(ASA).
The advertising standards authority (ASA) is the self-regulatory body of the advertising
industry in the United Kingdom. They apply the Advertising Codes, which are written
by the Committees of Advertising Practice and are a strict criteria an advert must meet
if it is to be broadcast. Their work also includes acting on complaints and proactively
checking the media to take action against misleading, harmful or offensive
advertisements. ASA also aim to ensure that all advertising in all types of media (TV,
radio, pre-theatrical, print, online) are all legal, decent, honest and truthful, to the
benefit of the consumers, business and society.
ASA plans to make regulating online ads more successful, and being an effective part
of the response to issues affected by advertising. They also want to make sure that in
the future they wont have to stop adverts once already in the media but, before they
have been published. This is their emphasis on ‘prevention rather than cure’. They
also strive to be ‘more in tune’ with people by understanding their concerns and
needs relating to the advertising industry.
ASA can refer complaints to Ofcom, as ultimately the responsibility for adverts for
channels lie with the broadcasters. For example, following more than 1,000
complaints to the ASA about the shopping channel Auction World.tv, ASA referred
the matter to Ofcom, which found the company in breach of its licence and fined it.
Auction World.tv ended up in administration and went out of business.
10. THE KINGS SPEECH
This film caused a relatively small amount of controversy as one of
its scenes features Lionel Logue urges The King to utter
profanities and the scene is prolonged with him (Colin Firth)
using many swear words. This resulted in a classification of ‘15’
from the BBFC. This resulted in a lot of controversy as many
people believed that the rating was too harshly administered,
claiming that it was in a certain non-offensive context. The
director responded by saying films that featured graphic torture
scenes such as ‘Salt’ and ‘Casino Royale’ only received a ‘12’
rating. This prompted the BBFC to change the rating to a ‘12A’
which means children and young teenagers can watch the film if
accompanied by an adult.
11. CENTER PARCS
ADVERT BAN
A ‘Center Parcs’ advert was banned for being misleading and
encouraging people to take advantage off an offer take
their children on holiday during term time. Many people
want to take children on holiday out of term time as it is
much cheaper and therefore more affordable. However, it
can result in a fine as parents in England and Wales have
a legal responsibility to ensure their child attends school,
unless they have opted to home educate them.
A Centre Parcs spokesman denied the advert encouraged
parents to take children out of school but said they would
take on board the ASA's comments and continue to work
within their guidelines.