This document provides an overview of legal and ethical constraints within the media sector. It discusses representations in media and how they can be influenced by different factors. It also examines regulations and guidelines around offensive language, accessibility requirements for people with disabilities, and codes of practice. Specific acts and laws are analyzed, such as the Broadcasting Act, Official Secrets Act, Obscene Publications Act, Video Recordings Act, Equality Act, copyright law, and definitions of libel. Case studies are provided as examples.

1. BTEC ExtendedDiplomainCreativeMediaProduction
Unit 7: Understanding the Creative
Media Sector
Learning outcome 2:
Understand ethical and legal constraints
within the media sector
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

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?
Representations are rarely realistic; the media portrays places and situations
differently which can be used to tell some sort of story in the way the media chooses
to portray it.
What sort of things can influence the representations that we see?
 Different media companies can give different opinions and views
 Politics and modern society and even celebrity gossip
 Audience that different media target

3. BTEC ExtendedDiplomainCreativeMediaProduction
Find an example of representation and explain what you are seeing:
The media in this article are trying to make immigration look bad after the attacks in
Paris. This is due to quotes from MP’s who are criticising them with one MP saying to
make sure they are genuine asylum seekers and not terrorists.
How many categories of word do Ofcom have? Explain each one.
(You can explain the different types of category. You are not required to provide
specific words.)
3 categories, category A is when certain word like swearing for example are not to be
shown before nine o’clock only after. Category B is when certain words are generally
not to be used before nine o’clock but with the exception that there is context behind
it. The other category B is similar the other but it allows pre 9pm shown of words but
restrictions still apply.

4. 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 around because they stop people under the age who might not
already know what the word means from using offensive language against others.
Why does the NUJ produce language guidelines?
The guidelines are used to prevent use of words that can be found offensive and have
a different meaning to what they are actually meant for. This will protect people from
abusing this language against others.
Should we protect groups of people by putting in place guidelines on how we
talk about them?
This article explains how a psychiatric patient was released from a mental institute
rather than being discharged which would be the correct way of describing this,
because the terminology used here sounds like this is describing prison rather than
hospital.
There are 3 ways in which a broadcaster can make it easier for people with a
disability to access its programmes. What are they?
Subtitles
Sign language
Audio description
Who ensures that broadcasters are making their programmes accessible? What
are the consequences for broadcasters if they do not meet their accessibility
requirements?
(You can add detail to this response by finding a case study where a broadcaster has
been punished.)
The organisation that organises this is OFCOM, if OFCOM find that programmes are
not following the suitability then they can get fined.

5. BTEC ExtendedDiplomainCreativeMediaProduction
Why do we have codes of practice?
(You can support this answer by referencing specific codes of practice. You could go
further still by referencing specific cases)
Most large media companies will have codes of practice, BBC have guidelines that the
producers cover and meet to make sure everything is alright and does not offend
anyone. This allows content to be produced that everyone can watch without being
offended.
Use one code of practice and investigate it in detail:
The IPSO (Independent Press Standards Organisation) this organisation covers
subjects such as harassment and the privacy of someone. If someone does not like
someone’s behaviour they can complain to the IPSO who will then sort out the issue
first hand. They have a list of people who have complained, this also explains why
they have complained and how they have dealt with this problem to provide an
outcome.
What is the Broadcasting Act and what did it do?
Made in 1990 and created a regulatory body which allowed the creation of the BBC5
and encouraged people to own part of the media. This added a change in the amount
of media that is allowed to be owned giving only 20 pieces.
What is the Official Secrets Act?
It is a piece of paper of law that protects the national security and state secrets. It has
previously been used to force journalists to reveal their sources. If they believe they are
a matter of national security.

6. BTEC ExtendedDiplomainCreativeMediaProduction
Find an example of when it has been used and explain why it was used and
what the outcome was.
Should we have an Official Secrets Act?
(This question allows you use your own opinion and judgement. You can use further
research to help support your points. This will lead to stronger answers.)
Yes because it would allow us to control the secrets that come out of journalists work,
they might have some information on something which could potentially damage the
nation.
What is the Obscene Publications 1959 and what is its definition of obscenity?
(Give a brief overview of the act and the quote its definition of obscenity)
The obscene act is an Act of Parliament that reformed the law related to obscenity.
The quote of the act says that work, "taken as a whole" must “tend to deprave and
corrupt“.
Give an example of a recent case involving the act (1990 onwards). What
happened, who was involved and what was the outcome?
What is the Video Recordings Act? Why was the Video Recordings Act
introduced?
The video recording act was when videos had to be submitted so that they could be
rated. This was because videos were appearing on the market with no regulations.

7. BTEC ExtendedDiplomainCreativeMediaProduction
What were some of the films that were prosecuted by the Director of Public
Prosecution?
What is the equality act?
This act is here to help get rid of all discrimination, sexual harassment and
victimisation. And to promote equality.
What are the 9 protected characteristics?
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?
What protects people from journalists invading their privacy?
The privacy law, which is the editor’s code of practice, includes a section on privacy.
This includes someone’s family life, health and correspondence.
NUJ state in the code that no journalists should intrude anybody’s lives.
It can only be disrupted in public interest.
No rights to privacy under the English law but there are related laws to privacy. These
include; privacy and human rights act 1998 and the data protection act 1998

8. BTEC ExtendedDiplomainCreativeMediaProduction
Find a privacy case and explain who was involved, what happened and what the
outcome was.
Prince of wales vs. associated newspaper limited.
Prince of wales had gone to Hong Kong as part of a celebration where he said in a
diary about the officials and the celebration.
What areas does the Copyright and Intellectual Propertylaw cover?
There are four areas covered, they are; patents, trademarks, designs and copyright.
They cover things such as artistic work and designs such as music and literature.
Why is copyright important to the creative media sector?
The Copyright, Designs and Patents Act 1988. Apple vs. Microsoft
Apple wanted to prevent Microsoft from using their GUI elements, which were similar
to the one apple mac uses. However they lost the case due to the contract not saying
they can’t take ideas from the other.
What is libel? What must you be able to prove to win a libel case?
This is defamation by written or printed words; this can be untrue and damaging word
about someone. To win a libel case you must be able to prove that a statement made
is not true.
Find an example (not the one you were given in the lecture) of a libel case.
Keith smith vs. Tracy Williams 2006
Smith was found successful and Williams was to pay the cost of the statements where
she called smith a racist and a Nazi.