Regulation Theory and Practice 9th November 2011
Forms of Regulation Legal Official Cultural Self Economic
Legal Regulation Laws of the land Different for different countries Not usually specific to a medium Libel, Racial Hatred, Incitement to Terrorism, Incitement to Crime Tangentially - Health and safety, employment laws, animal welfare
Official Regulation Through organisations such as Ofcom, BBFC and PCC May or may not have basis in law May or may not be able to impose sanctions
Cultural Regulation What is allowed by the culture of the country Limits of ‘taste and decency’ Different for different parts of the world (and for different cultures)
Self Regulation The organising of a system of regulation to obviate the need for imposed regulation Regulating by the producer for moral, cultural, economic or legal reasons Regulating by the consumer for moral, cultural, economic or legal reasons
Economic RegulatioN Regulation by economic means Because there is no market Because it upsets advertisers Because it upsets consumers
It’s important to note that types of regulation often overlap
Regulation vs Censorship
Media Regulatory Bodies Ofcom Advertising Standards Authority BBC Trust British Board of Film Classification  Press Complaints Commission
Ofcom Established in 2003 Took over responsibility of: BSC; ITC; Oftel; RA; RCA Sub contracts advertising regulation to ASA Has licencing and statutory powers
ASA Set up 1962 by advertising industry ‘Independent’  limited powers
BBC Trust Formed in 2007 Replaced the Board of Governors Presumed to be independent and representative of the public Acts as a point of appeal for BBC complaints
BBFC Founded in 1912 as British Board of Film Censors by the film industry British Board of Film Classification in 1984 Funded by fees paid for classification Has some legal responsibilities in the classification of videos/DVDs and ganes
PCC Succeeded the Press Council in 1990 Funded by publishing industry Has no legal powers Sanctions only stretch as far as apologies
Case Study - Heinz Deli Advert not subject to regulation in UK Ofcom/ASA received complaints but made no judgement Heinz announced removal of ad because of pressure from US consumers Never shown (as an ad) in the US
Case Study - Heinz Deli Advert not subject to regulation in UK Ofcom/ASA received complaints but made no judgement Heinz pull the ad It was NEVER banned
 

Regulation

  • 1.
    Regulation Theory andPractice 9th November 2011
  • 2.
    Forms of RegulationLegal Official Cultural Self Economic
  • 3.
    Legal Regulation Lawsof the land Different for different countries Not usually specific to a medium Libel, Racial Hatred, Incitement to Terrorism, Incitement to Crime Tangentially - Health and safety, employment laws, animal welfare
  • 4.
    Official Regulation Throughorganisations such as Ofcom, BBFC and PCC May or may not have basis in law May or may not be able to impose sanctions
  • 5.
    Cultural Regulation Whatis allowed by the culture of the country Limits of ‘taste and decency’ Different for different parts of the world (and for different cultures)
  • 6.
    Self Regulation Theorganising of a system of regulation to obviate the need for imposed regulation Regulating by the producer for moral, cultural, economic or legal reasons Regulating by the consumer for moral, cultural, economic or legal reasons
  • 7.
    Economic RegulatioN Regulationby economic means Because there is no market Because it upsets advertisers Because it upsets consumers
  • 8.
    It’s important tonote that types of regulation often overlap
  • 9.
  • 10.
    Media Regulatory BodiesOfcom Advertising Standards Authority BBC Trust British Board of Film Classification Press Complaints Commission
  • 11.
    Ofcom Established in2003 Took over responsibility of: BSC; ITC; Oftel; RA; RCA Sub contracts advertising regulation to ASA Has licencing and statutory powers
  • 12.
    ASA Set up1962 by advertising industry ‘Independent’ limited powers
  • 13.
    BBC Trust Formedin 2007 Replaced the Board of Governors Presumed to be independent and representative of the public Acts as a point of appeal for BBC complaints
  • 14.
    BBFC Founded in1912 as British Board of Film Censors by the film industry British Board of Film Classification in 1984 Funded by fees paid for classification Has some legal responsibilities in the classification of videos/DVDs and ganes
  • 15.
    PCC Succeeded thePress Council in 1990 Funded by publishing industry Has no legal powers Sanctions only stretch as far as apologies
  • 16.
    Case Study -Heinz Deli Advert not subject to regulation in UK Ofcom/ASA received complaints but made no judgement Heinz announced removal of ad because of pressure from US consumers Never shown (as an ad) in the US
  • 17.
    Case Study -Heinz Deli Advert not subject to regulation in UK Ofcom/ASA received complaints but made no judgement Heinz pull the ad It was NEVER banned
  • 18.