Print based media second workbook

1. BTEC Extended Diploma in Creative Media Production
Unit 7: Understanding the Creative
Media Sector
Learning outcome 2:
Understand ethical and legal constraints
within the media sector
Name: _ _ _ _ _ _ _ _ _ _ _ _ _Liam Allan _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

2. BTEC Extended Diploma in Creative Media Production
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?
Representations in media are often used in an informational context, mainly news,
they mostly concentrate on only one end of the aspects of those being represented
(positive or negative) there is rarely a middle ground of a balanced representation.
In the UK the most common is the representations of immigrants to the UK as they are
mostly represented in a negative light because there are often reports of illegal
immigration and or terrorism and barely any positive reports this has a heavy impact
on the people watching by giving them a mostly biased and in some cases racist
opinion.
What sort of things can influence the representations that we see?
People won’t all take on a representation in the same way due to their background
and personal experiences as these can and mostly do conflict with the viewpoints
shown in the representation. For instance if an article makes out students to be lazy
some parents and students will disagree due to their own first hand experience,
maybe a parent believes their child is very hard working or maybe a student believes
this of themselves.
Find an example of representation and explain what you are seeing:
I have chosen this extract from an article
entitled:
“Working-Class Kids Ask Fewer Questions In
Class, And Here's Why” –
www.huffintonpost.com/2014/09/10/working-class-students_
n_5799212.html
This is a mostly positive article with mildly
negative elements in it.
Firstly the article paints working class
parents in a negative light by implying that
they don’t really care about their child’s
education and more on them fitting into
society “emphasize obedience and
deference to teachers”. The article gives the
impression that working classes are less
intellectual as the middle class. Another
representation of the working class is that they are arrogant with knowledge “Working
class kids were more reluctant to acknowledge they were struggling” this tells the
reader that allegedly every working class child is like this which is a clear negative
representation and generalisation.
The middle class are given the upper hand treatment in their representation as they
are shown as “intellectuals” when compared to the working classes as their methods
are only focused on education as appose to respect and obedience however this is

3. BTEC Extended Diploma in Creative Media Production
clearly not that case for every single middle class child as there are still failures in
every class from working to upper. Middle classes are also shown to be more useful
than working classes “Middle class children were more likely to get involved in
classroom problems” a clear positive representation as this shows them to be better
than the working classes and gives them a feeling of self-importance.
Overall the representations are completely different based on which class you observe
within the article
How many categories of word do Ofcom have? Explain each one.
Ofcom have three different categories based on the “strength” of words they are: A, B
and B and these are for any words which are believed to cause any level of offense to
those viewing. The three lists are not just complied of straight out swear words but
also include words which carry a negative connotation or may cause any level of
unease. For instance “god” and “Jesus Christ” are in a list amongst stronger words
due to respect of peoples religion as the uses of these words can often be received in
a negative light.
Why does Ofcom have this list of words? Do you think there should be
restrictions on when certain words can be used?
Ofcom have the list of words in order to release content that would not be deemed
offensive to anyone, however not everyone will be offended by the words being
removed due to certain aspects such as: age, background etc. For instance a parent
is more likely to be offended by a swear word that their child due to the difference in
mental maturity.
However the general public seem to be getting more desensitized to material
considered offensive as time goes on, an example is:
“When the Sex Pistols appeared on Bill Grundy's teatime ITV chat show and filled the air
with four-letter words, a public outcry forced the interviewer into early retirement. More
recently, 10 million ITV viewers saw John Lydon use the C-word and fewer than 100
complained.” - http://www.theguardian.com/media/2010/jun/09/public-relaxed-over-tv-swearing
I believe this to be due to the widespread access to the internet and social networking
as it is highly likely to run into an offensive or swear word that would normally be
censored by Ofcom as there are no guidelines in place for the internet. The Sex
Pistols incident (as mentioned above) occurred in 1976 whereas the John Lydon
incident (also above) happened in 2004, that is a 28 year gap and with technology as
it is 10 years later a large amount of people (mostly younger) have migrated to the
internet for entertainment as appose to the Television so guidelines will become more
and more irrelevant as time goes on.
The vast majority of people who complain to Ofcom are parents concerned for the
wellbeing of their children as shown here:
“Would you be bothered if you were watching with
% saying they would be bothered
Children 89
Mother 32
Grandparents 24
Father 22
Female friends 20
Male friends 15” -

4. BTEC Extended Diploma in Creative Media Production
http://www.ofcom.org.uk/static/archive/bsc/pdfs/research/Bad_lang.pdf
In conclusion I believe that these guidelines should be in places as the people
most concerned are parents with what I assume to be younger children as appose
to older as well as older people and both of these groups are more likely to be
offended instead of the other groups who are not viewing the content.
Why does the NUJ produce language guidelines?
The NUJ is the National Union of Journalists and they have guidelines in place to
ensure that current events are reported in an inoffensive and unbiased manner. One
practice to achieve this is changing the wordings of descriptions, for instance when
reporting on immigration those in the NUJ are not allowed to describe it as “a flood of
immigrants” as this is seen as this is seen as exaggerating fear and prejudice. NUJ
guidelines are set in place to remove any reports/wordings that come across as
derogatory or degrading to people who are involved or had a similar experience.
Should we protect groups of people by putting in place guidelines on how we
talk about them?
I believe we should have guidelines in place as these will prevent leaving a bad mark
on the public opinion of people and or their background.
The most obvious is example is that of people’s race as thanks to mainly negative
representations a large amount of UK residents see immigrants as lazy and draining
on the UK, this is clearly not the case for everyone. To tackle this the NUJ have added
rules on race such as:
“Do not assume a cultural background from a person's name – check with them or their
community.”
And
“Only include a person's race if relevant. Check that you have it right. Would you mention
race if the person was white?” - http://www.nuj.org.uk/news/updated-nuj-race-reporting-guidelines/
These guidelines exist in order to prevent racism being developed by people through
the mass media as it can completely alter mind states and view. Another group of
people who are being protected by guidelines are LGBT, they are protected in the
sense that certain terminologies and explanations are prohibited such as the word
“homosexual” is not allowed use outside of scientific and or clinical reports as it
connotes homosexuality as a physiological disorder.
I believe these guidelines are essential in keeping groups of people protected from a
negative reputation in the public eye. As mentioned earlier media is a powerful
medium and if used incorrectly can lead to misinformation and or people shown in a
negative light, if we go to the extreme we can see why propaganda is so successful in
totalitarian states as by using certain wording to degrade a select country/people you
can completely alter peoples mind states.

5. BTEC Extended Diploma in Creative Media Production
There are 3 ways in which a broadcaster can make it easier for people with a
disability to access its programmes. What are they?
1 – Audio Subtitles: Text shown at the bottom of the programme being shown, these
are ideal for those deaf or hard of hearing. Only available for scripted or pre-recorded
material however.
2 – Audio Description: This is a separate audio track which contains an audio
description of what is appearing on the screen to help viewers visualise the scenes.
Used by people who are visually impaired
3 – Sign Language: Often on repeats of programmes this practice is known as signing
and it includes a person in the bottom left or right of the screen translating the script
into sign language which is also used by those hard of hearing.
Who ensures that broadcasters are making their programmes accessible? What
are the consequences for broadcasters if they do not meet their accessibility
requirements?
Ofcom ensure that all providers of television implement some form of indication that a
programme shown has different accessibility means. For instance on Sky TV when
the information button is pressed there is an S or AD next to the name to signify
subtitles or audio description is available.
BT had not implemented the acronyms into BT Vision when Ofcom had revisited the
accessibility act in 2011 and as stated:
“BT Vision has said that it will ensure that signed programmes
are also indicated
with the standard acronym on the new platform to which
subscribers will be migrated later
this year” -
http://stakeholders.ofcom.org.uk/binaries/broadcast/other-codes/
2010-epg-report.pdf
Ofcom says later on in the report that they will keep looking into BT until this problem
is fixed.
Why do we have codes of practice?
We have codes of practice to keep order in organisation and to keep up a good
standing reputation. The BBC states that:
“The intention of the Code is to ensure that relations between the BBC
and independent producers are conducted on a fair and transparent
basis.” - http://www.bbc.co.uk/commissioning/tv/how-we-work/business-requirements/
code-of-practice.shtml
This shows us that not only are codes of practice in place to keep a hard working
business but to also put your company in a good light to others. With the BBC being
the UK’s primary media outlet there are many codes of practice in place to ensure that
the work is meeting deadline, meets standards etc.

6. BTEC Extended Diploma in Creative Media Production
Use one code of practice and investigate it in detail:
I have chosen the BBC’s code of practice this is for their production team and cover a
whole load of practices across the board from their rights of channels to programming
prices the code was agreed on by BBC and Ofcom collectively and lays down the
rules for the BBC when connected to public television.
This code of practice is in place for business actions within the BBC. The code begins
with the commissioning guidelines which states that the BBC is responsible for
commissioning independent material as it is the country’s major television station so it
commissions both in-house and independent material, an example of this is with the
programme “The Mighty Boosh” it first made its appearance on radio and then the
BBC commissioned a TV series to be made.
The second are is editorial control which states that the BBC gets the final cut on
material to be put out in the BBC’s name from TV series to website articles.
Thirdly we have the rights section which states that the BBC’s intentions are to secure
rights it needs for fee funded services.
The fourth only concerns cross platform availability.
The fifth section covers programme pricings which cover what the BBC is willing to
pay out. The amount paid out is determined on a wide range of aspects such as
budget, value, etc.
Number six and seven also adds to the programme pricings rules.
The ninth section of the code covers the arrangement of business affairs and say they
will arrange affairs in a “timely and professional manner”,
Number ten discusses terms of trade for independent productions which is the same
to all independent productions.
The eleventh covers dispute resolution which states that should there be a dispute
between BBC and an independent producer arise then the producer should take it to a
director of disputes and it will be settled that way.
The twelfth section regards equal opportunities and ethical standards and these
responsibilities are as clear as they sound they also include the health and safety
rules.
What is the Broadcasting Act and what did it do?
The broadcast act was introduced in 1990 with the intention of reforming the entire
British broadcasting structure.
The first thing that occurred was the introduction of a fifth television channel as well as
making ITV give 25 percent of its production to independent companies. All of ITV’s
franchises were put up for sale due to this act.
The act is seen as both good and bad by certain people, obviously you have the
people who worked in ITV who criticized the act however on the other end you have
people like Rupert Murdoch who’s ambitions were heightened by this act, no matter
which way you look at the act there’s no denying that it has changed the way the UK
broadcasts material drastically.
What is the Official Secrets Act?
The official secrets act was introduced in 1989 and gives people the right to keep
information supressed.
Journalists use the act to their advantage as if they have ties with people on the inside
of a secretive company for example they can interview them but keep their identity a
secret, however if this is seen as a threat to national security then the journalists are
forced to reveal their sources.

7. BTEC Extended Diploma in Creative Media Production
Find an example of when it has been used and explain why it was used and
what the outcome was.
The secrets act was to be used by Scotland Yard against the Guardian as they had
reported that the mobile of Milly Dowler, a murdered teenager, was hacked by private
investors take on by News of the World who deleted messages from the phone to give
the police false hope she was still alive.
The act however was not used against the guardian as:
“The decision comes following heavy criticism of the force’s attempt to make the
Guardian, and one of its journalists, hand over information which would have
revealed the source of many of the newspaper’s phone hacking stories.” -
http://www.telegraph.co.uk/news/uknews/phone-hacking/8777717/Phone-
Hacking-Scotland-Yard-drops-Official-Secrets-Act-bid-against-Guardian.html
The article later on says that the use of the secrets act could threaten press freedom
so in some cases the secrets act cannot be used to good (or any) effect.
Should we have an Official Secrets Act?
I believe the secrets act should not exist as the act clearly states that the accused can
only be forced to reveal information so long as the information is potentially harmful to
national security. The phone hacking scandal had been happing for at least 12 years
and due to the secrets act it was unable to be revealed until it was reported on by the
Guardian.
However on the other side of the spectrum there are people whose identities need to
be protected if they are giving interviews for instance if the person being interviewed
has close ties with a person involved in crime then they cannot be identified and the
secrets act helps to ensure this is the case.
In conclusion I am very much of the opinion that the Secrets act should not exist
because as mentioned earlier it has done more harm then help.
What is the Obscene Publications 1959 and what is its definition of obscenity?
This act reformed the laws of things seen as obscene and this act relates to anything
from Television shows to personal Facebook posts and condemns any material seen
as obscene.
The definition of obscene Is
“offensive to morality or decency; indecent; deprave” -
http://dictionary.reference.com/browse/obscene
The obscene publications act was brought in due to the publication of the Schoolkids
Oz which was issue 28 of the Oz magazine and as stated in the definition included
indecent imagery and thus sparked the act.
Give an example of a recent case involving the act (1990 onwards). What
happened, who was involved and what was the outcome?

8. BTEC Extended Diploma in Creative Media Production
In 2008 Darryn Walker a civil servant, was charged under the obscene publications
act due to a work of fiction he wrote on the internet surrounding pop group Girl’s
Aloud, he was charged and set a trial date in 2009. The story at hand was posted on
an erotic fiction website “Alt.Sex.Stories” which is based in New Jersey meaning the
owner of the site could not be punished by the UK police but as the author was
identified to be a UK citizen he could be punished.
The trail however was abandoned on what was said to be the first day due to false
allegations that said the story was available to younger fans of Girl’s Aloud but was
shown that it could only be accessed by those of age.
What is the Video Recordings Act? Why was the Video Recordings Act
introduced?
The Video Recordings Act happened in 1984 brought in the law that if a commercial
recording is to be sold then it must carry an age classification which has been agreed
on by the BBFC. The act also states that the sale of content to anyone under the
specified age is a legal offense. This act was put in place due to the 80s “video
nasties” which were video tapes being sold commercially that contained grotesque
and or gory material either for plot or just because It was possible. The act of course
cleaned out the sale of “video nasties” in the 80s however as time has progressed the
films have aged and are available today on DVD with of course the appropriate age
rating.
What were some of the films that were prosecuted by the Director of Public
Prosecution?
Cannibal Holocaust (1980) – This film was prosecuted on the account it showed the
actual deaths of animals as well as the graphic murders of people which at the time
were believed to be legitimate. Released in 2001 with 6 minutes cut, then released
again in 2011 with only 15 seconds cut
Snuff (1976) – The film was advertised as showing actual deaths on camera of
actresses on camera and sparked up the urban legend of snuff films. The film was
banned and has never since been released in the UK
Faces of Death (1978) – This film was so controversial due to the fact it prided itself
on showing real life deaths of people. People who worked on the film later came out to
say the film is about half fake half real. Released with animal cruelty scenes removed
in 2003
There thirty six other films that were prosecuted by Public Prosecution however these
are the few that left behind the biggest legacies.
What is the equality act?
The equality act was introduced in 2010 and legally protects people from
discrimination in the UK, it saw previously separate discrimination laws be
consolidated into one act this helped simplify and strengthen the laws by making them
more publically available.
The act has seen improvements to all walks of life from aids in education to political
diversity.
What are the 9 protected characteristics?

9. BTEC Extended Diploma in Creative Media Production
Age – Part of the act to prevent discrimination, harassment etc. based on age for
example treating somebody in a more negative manner based on their age.
Disability – An example of disability discrimination is if an employer was given
somebody with a disability and then pays them differently or disregards them
completely.
Gender Reassignment – When a person changes their gender by medical means the
same rules apply as with the other characteristics
Marital Status – Directly discriminated when someone who is in a civil partnership is
treated in a more negative manner than someone who is single or married and vice
versa
Pregnancy – When a person could be disregarded for a job, position, etc. because of
their pregnancy.
Race – Unfortunately the most common form of discrimination racism Is either
harassing or discriminating against people because of their race.
Religion/Belief – Basing opinions/ impressions on somebody based upon their beliefs.
Sex – Sexism is the act of disregarding or harassing somebody dependent on their
sex.
Sexual Orientation – Not as common amongst straight people but sadly homophobia
is the more common form of discrimination against sexual orientation. This means
harassing, discriminating or disregarding somebody depending on the sexual
orientation.
Can you find an example of a case involving the equality act? What happened
and what was the outcome?
In 2010 it was revealed that in Birmingham female workers were getting paid less
than male workers across around 50 different jobs.
This was a clear breach of the equality act’s sex characteristic. There was a seven
week hearing and proof was shown by a man who was doing the same job as a
woman yet earning up to three times as much as her.
The outcome was that the Birmingham council would have to pay out the money owed
to women as well as up their salaries to equal those of men, clear proof that the
Equality Act is working.
What protects people from journalists invading their privacy?
The NUJ have a set of guidelines that journalists must follow, one of which is that
they do nothing that would mean intruding on people’s private lives their personal
affairs etc.
However the NUJ rules only apply to newspaper that are a part of them so for other
journalists outside the NUJ there are only the standard laws in their way.
Find a privacy case and explain who was involved, what happened and what the
outcome was.
In December of 2013 One Direction singer Harry Styles won a court case against
paparazzi who were invading his privacy by pursing him in street and waiting outside
him home. Styles asked the photographers to stop but this did not change their
behaviour so it was taken to court and it led to the paparazzi not being allowed to
loiter within 50m of the singers house as well as not being allowed to follow him.
What areas does the Copyright and Intellectual Property law cover?

10. BTEC Extended Diploma in Creative Media Production
The law covers any type of published/distributed work be it independent or
mainstream work is automatically copyrighted by UK law. This means no one else
(unless given your permission) can use your work in order to gain profit.
Why is copyright important to the creative media sector?
When work is made it belongs to that artists/producer therefore all earnings go to
them and those involved, so when work is plagiarised it is almost like theft in a sense
that earnings are being “stole” by an outside artist.
A famous example is when American guitarist Joe Satrani claimed his song “If I Could
Fly” had been plagiarized by Coldplay with their song Viva La Vida, the case went to
court and the outcome was seen as merely an “eerie coincidence” the case was
dismissed by the court and both met with an out of court agreement.
What is libel? What must you be able to prove to win a libel case?
Libel is the use of misinformation surrounding a person that has been
published/broadcast on any media platform from radio to newspaper. In order to win a
libel case proof must be made to disprove the statement at hand. For example if a
statement Is made about a person’s background, for instance place of birth, the
person must represent proof of where they were born in order to disprove the libellous
quote and therefore win the case.
Find an example (not the one you were given in the lecture) of a libel case.
Andrew Mitchell is a former cabinet minister at Dowling Street and was accused of
swearing a police officer and calling them all “plebs” this incident was known as
“Plebgate” and saw Mitchell appeal that he was libelled in the fact he did not call
police officers “plebs”. Mitchell lost the libel case as there was insufficient evidence to
prove it. Mitchell later apologised for his actions but still believes he was libelled.