The Art Pastor's Guide to Sabbath | Steve Thomason
Regulatory frameworks
1. Regulatory Frameworks
What is a regulatory body and what is a regulatory framework?
A definition from (https://www.safeopedia.com/definition/625/regulatory-body):
‘A regulatory body is a public organization or government agency that is set up to exercise a
regulatory function. This involves imposing requirements, conditions or restrictions, setting the
standard for activities, and enforcing in these areas or obtaining compliance. Regulatory bodies
cover a wide variety of professions, but not all professions are regulated and may be self-regulated.
A regulatory body might also be referred to as a regulatory agency, a regulatory authority or a
regulator.’ Essentially, they have a look at what is acceptable and what isn’t acceptable for a certain
type of creative body, whether that’s gaming, films and even adverts. These companies keep their
viewers safe, they make sure children aren’t seeing blood and gore, they make sure adverts aren’t
manipulating customers. They make sure nobody is being mistreated.
What is Ofcom, what does it do and what framework does it produce
and follow?
Ofcom are an organisation that regulate what is seen by television audiences and what isn’t. Ofcom
have codes in place to make sure advertisements and television shows are all suitable for the
audiences watching at certain times. There are regulations that stop certain types of content from
being seen by children, the watershed was a system put in place to make sure that content created
for more mature audiences is only showed after 9pm.
An example of a show that is regulated by the Watershed. ITV’s ‘I’m a Celebrity Get Me Out of Here’ has
graphic content of people eating animals, it also has areas of which the participants will swear so it is
not televised before this time. Even corporate videos and training videos still get regulated, if
anything is published and put onto DVDs still must be rated to make sure that they are suitable for
certain audiences, any televised video will be regulated Ofcom.
If my business was creating a corporate video that would potentially be aired on live television or
online then it’s likely that it will have to follow Ofcom’s rules and regulations, I will need to make
sure that the videos are kept appropriate for all audiences unless the client wants a specific time for
their ad to be shown.
What is the ASA, what does it do and what framework does it produce
and follow?
The ASA is the Advertising Standards Agency, it is a self-regulatory organisation of the advertising
industry in the United Kingdom. They produce the CAP and BCAP codes which are:
‘The CAP and BCAP Codes are the UK’s advertising rules for agencies, advertisers and media owners.
CAP stands for Committee of Advertising Practice and BCAP is the Broadcasting equivalent. BACP
covers on TV, Radio and online advertisements and the CAP Code covers everything else including
online banner ads, paid for search listings, email, text messages, brochures, catalogues, posters and
so on. Both codes are designed to ensure that marketing communications are legal, decent, honest
and truthful. The Codes are policed by the Advertising Standard Authority (ASA). The Codes are
2. similar but BCAP includes concerns about the scheduling of broadcast advertisements, such as
making sure that advertisement for adult products (such as alcohol) are not broadcast when children
are likely to see them.
General rules include:
• marketing communications must be clearly identified as marketing (this is has caused
problems with paid-for tweets not being clearly marketing)
• marketing communications must not cause serious or wide-spread offence. Note you can
shock people or offend a small group of people, the rule is not to cause widespread offence.
An example is the 2014 TV and cinema advertisements for Booking.com. Complainers
argued the ads were offensive because the word ‘booking’ was used to indicate a swear
word. Despite receiving over 2,000 complaints, the ASA decided the advertisements were
light-hearted, did not condone swearing or cause wide-spread offence.’
This framework is in place to protect all different types of advertising, including televised and
online advertisements, in the case of my business idea I would definitely need to adhere to what
the ASA want, this also applies when advertising through emails as it means when I’d search for
clients through personalised emails I would need to explain the intent of the email and that it’s
being used to market my business.
What is the PCC, what does it do and what framework does it produce
and follow?
(https://www.kentonline.co.uk/kent/news/what-is-the-press-complaints-com-a59274/)
‘The Press Complaints Commission ensures the rights of the reader and the press are treated fairly,
the UK's press is currently regulated by the Press Complaints Commission (PCC) which is paid for by
newspaper companies. Editors are obliged to abide by its code of practice which includes clauses on
accuracy, right of reply, privacy, harassment and intrusion into shock or grief. The local and regional
press take their obligations under the PCC code very seriously. Many argue that a PCC with more
robust powers is the way forward.
• It costs nothing to complain to the PCC - you do not need a solicitor or anyone else to
represent you.
• Its main aim is always to try and resolve disputes amicably and quickly.
• Nine out of ten complaints are resolved; and it only takes, on average, just 35 working days
to do so.
• Self-regulation works because the newspaper and magazine publishing industry is
committed to it.’
What is the BBFC, what does it do and what framework does it
produce and follow?
The BBFC (British Board of Film Classification) is a non-government organisation. It is responsible for
classifying and censoring specific distributed films, DVDs and television series, they give them a
collection of ratings which recommend what kinds of audiences are allowed to see the images such
as:
3. • U Universal – Suitable for all
• PG – Parental Guidance
• 12A/12 – Suitable for 12 years and over
• 15 – Suitable only for 15 years and over
• 18 – Suitable only for adults
This regulatory body has the power to refuse or censor distribution of films within Cinema, Online
Streaming Services and DVDs.
If I was creating videos that were going to be distributed and released onto DVD or as films then I
would definitely need to submit the film to the BBFC, it is unlikely as my business focus will be
corporate videos for charities and non-profit organisations. If I did eventually create corporate
videos through this sort of framework, then it’s highly likely that they will be either rated Universal
or PG.
What is PEGI, what does it do and what framework does it produce
and follow?
The Pan European Game information (PEGI) is a European Regulatory Body that supervises video
games, it was created to help protect and allow consumers to make well-versed choices about the
video games they buy. Below is their regulatory framework:
• PEGI 3 -The content of games with a PEGI 3 rating is considered suitable for all age groups. The game should not contain any
sounds or pictures that are likely to frighten young children. A very mild form of violence (in a comical context or a childlike
setting) is acceptable. No bad language should be heard.
• PEGI 7 - Game content with scenes or sounds that can possibly frightening to younger children should fall in this category. Very
mild forms of violence (implied, non-detailed, or non-realistic violence) are acceptable for a game with a PEGI 7 rating.
• PEGI 12 - Video games that show violence of a slightly more graphic nature towards fantasy characters or non-realistic violence
towards human-like characters would fall in this age category. Sexual innuendo or sexual posturing can be present, while any
bad language in this category must be mild. Gambling as it is normally carried out in real life in casinos or gambling halls can
also be present (e.g. card games that in real life would be played for money).
• PEGI 16 - This rating is applied once the depiction of violence (or sexual activity) reaches a stage that looks the same as would
be expected in real life. The use of bad language in games with a PEGI 16 rating can be more extreme, while games of chance,
and the use of tobacco, alcohol or illegal drugs can also be present.
• PEGI 18 - The adult classification is applied when the level of violence reaches a stage where it becomes a depiction of gross
violence, apparently motiveless killing, or violence towards defenceless characters. The glamorisation of the use of illegal drugs
and explicit sexual activity should also fall into this age category.
The PEGI content descriptors:
• Violence - The game contains depictions of violence. In games rated PEGI 7 this can only be non-realistic or non-detailed
violence. Games rated PEGI 12 can include violence in a fantasy environmentor non-realistic violence towards human-like
characters, whereas games rated PEGI 16 or 18 have increasingly more realistic-looking violence.
• Bad Language - The game contains bad language. This descriptor can be found on games with a PEGI 12 (mild swearing), PEGI
16 (e.g. sexual expletives or blasphemy) or PEGI 18 rating (e.g. sexual expletives or blasphemy).
• Fear - This descriptor may appear on games with a PEGI 7 if it contains pictures or sounds that may be frightening or scary to
young children, or on PEGI 12 games with horrific sounds or horror effects (but without any violent content).
• Gambling - The game contains elements that encourage or teach gambling. These simulations of gambling refer to games of
chance that are normally carried out in casinos or gambling halls. Games with this sort of content are PEGI 12, PEGI 16 or PEGI
18.
• Sex - This content descriptor can accompany a PEGI 12 rating if the game includes sexual posturing or innuendo, a PEGI 16
rating if there is erotic nudity or sexual intercourse without visible genitals or a PEGI 18 rating if there is explicit sexual activity
in the game. Depictions of nudity in a non-sexual content do not require a specific age rating, and this descriptor would not be
necessary.
• Drugs - The game refers to or depicts the use of illegal drugs, alcohol or tobacco. Games with this content descriptor are always
PEGI 16 or PEGI 18.
• Discrimination - The game contains depictions of ethnic, religious, nationalistic or other stereotypes likely to encourage hatred.
This content is always restricted to a PEGI 18 rating (and likely to infringe national criminal laws).
4. What is the Creative Industries Council and what is their involvement
with regulation?
The Creative Industries Council (CIC) acts as a voice for the creative industries and is used to help
focus on growth in all areas of the industry such as finding skillsets and providing finances for the
various creative industries.
‘We represent government and industry working together to bring great creative stories from the UK to the
world. They aim to recognise the enormous contribution and influence of the UK creative industries and their
potential to generate future value via international trade and investment.’
They are responsible for collating statistics, case studies, relevant news and commentary,
predictions, and key contact details from these industries. It celebrates both the established figures
and rising stars of UK creativity. It is designed to provide an international trade audience with a
single overview and destination guide to the UK's unique creative landscape.
Article title: The Regulatory Framework | EASA
Website title: Easa-alliance.org
URL: https://www.easa-alliance.org/ad-standards/what-are-ad-standards/regulatory-framework
Article title: What is a Regulatory Body? - Definition from Safeopedia
Website title: safeopedia.com
URL: https://www.safeopedia.com/definition/625/regulatory-body
Author Advertising Practice
Article title: About the ASA and CAP
Website title: Asa.org.uk
URL: https://www.asa.org.uk/about-asa-and-cap/about-regulation/about-the-asa-and-cap.html
Article title: Home | Pegi Public Site
Website title: Pegi.info
URL: https://pegi.info/
Article title: The PCC
Website title: Kent Online
URL: https://www.kentonline.co.uk/kent/news/what-is-the-press-complaints-com-a59274/
Website title: https://www.thecreativeindustries.co.uk/about-us