The Defamation Act 2013 reformed English defamation law by requiring claimants to prove actual or probable serious harm before suing for defamation. It set limits on geographical relevance, removed the presumption of trial by jury, and curtailed claims of continuing defamation. The Act also enhanced existing defenses, introducing defenses for website operators hosting user content if they comply with procedures for resolving disputes, as well as statutory defenses of truth, honest opinion, and matters of public interest to replace common law defenses.

1. Task 3
Laura Hodgson &
Hannah Mcdonagh

2. The Watershed
Laura
The watershed is the point in time after which programmes with adult content may be broadcast.
A broadcasting watershed serves as a dividing line. It divides the day into the overnight period where
family-oriented programming that’s suitable for children is shown and then where programming aimed at
a more adult audience is shown. It is most importantly used to stop children under the appropriate age of
18 seeing themes such as horror, nudity, drug abuse, gambling etc. so they aren’t influenced.
https://en.wikipedia.org/wiki/Watershed_(broadcasting)
An example of a case where the watershed has messed up was in 2004 when US television suffered what
has become it's "Janet Jackson moment", when the singer's nipple was exposed to 90 million viewers of
the Super Bowl. Although a federal fine imposed on the CBS network was later overturned by a court of
appeal, plenty of viewers and advertisers showed concern and now the US broadcasters have become
more cautious.

3. The British Board Of Classification
Laura
The British Board of Film Classification is an independent company that isn't run with any government influence and it
has classified cinema films since it was set up in 1912 and videos/ DVDs since the Video Recordings Act was passed in
1984. http://www.bbfc.co.uk/about-bbfc
The BBFC watch films and videos all the way through and award an age rating to each one. They reach an age rating by
applying the standards and criteria contained in their Classification Guidelines. This is in order to protect children under the
appropriate age against inappropriate content in films and videos. They look at issues such as discrimination, drugs, horror,
dangerous and easily influential behaviour, language, nudity, sex, and violence when making decisions. Also the theme of
the work is important consideration. They also consider context, the tone and likely impact of a work on the potential
audience. http://www.bbfc.co.uk/what-classification/how-does-classification-work
An example of a case when the BBFC classified a film inappropriately was ‘The Dark Knight’ 2008 film when they marked it
as a 12A meaning children over 12 could watch it without an adult and anyone under 12 could still watch it as long as an
adult was present with them. The BBFC received 364 complaints from the public as they felt the film was too dark and too
violent for children. The 'adult' nature of some of its themes and the 'unhappy' ending along with the concerns expressed
that the knife threat in the film was inappropriate being too intense and could encourage copycat attacks. However, even
though this was the most complained about film the BBFC agreed to take into consideration that they should focus more
closely on some themes and tones in the future but left the film rated at a 12A. http://www.bbfc.co.uk/case-studies/dark-
knight

4. Ofcom
LauraWe regulate the TV, radio and video-on-demand sectors and so on. They make sure that people in the UK get the best from the
communications services and are protected from scams etc. https://www.ofcom.org.uk/about-ofcom/what-is-ofcom
Ofcom operates under a number of Acts of Parliament as well. This includes ‘The Communications Act 2003’ which says that Ofcom’s
prime duty is to help customers and citizens with any of their interests when appropriate by promoting competition. It is mainly used to
make sure people who watch tv and listen to the radio are protected from harmful or offensive content or language. Also that people
are protected from being treated unfairly in television and radio programmes. And finally, people are protected from having their privacy
invaded and the viewers of video on demand services are protected from harmful content especially for families and people living with
children. https://www.ofcom.org.uk/about-ofcom/what-is-ofcom
An example of a case that occurred a few years ago in 2008 was aimed at the BBc by ofcom for allegedly deceiving viewers In March
last year a member of the production team posed as a winner on a phone-in competition on Comic Relief which was aired on BBC
One. A similar scenario happened on a Sport Relief phone-in in July 2006 and on Children in Need, in 2005, the name of a fictitious
winner was read out on air. They fined the BBC £400,00 as overall Ofcom found that the BBC failed to have enough management
oversight of its producers and training procedures to ensure that the audiences were not misled.
http://www.telegraph.co.uk/news/uknews/2473574/BBC-fined-400000-by-Ofcom-for-deceiving-viewers.html

5. Copyright Designs and Patents Act. 1988 hannah
The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic
works the right to control the ways in which their material may be used.
The rights cover: Broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the
creator will also have the right to be identified as the author and to object to distortions of his work.
Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of
labour, skill or judgement.
Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself
be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the
same idea, provided they do not directly copy or adapt yours to do so.
Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a
logo, that combines these elements may be.
Normally the individual or collective who authored the work will exclusively own the rights. However, if a work is produced as part of employment
then normally the work belongs to the person/company who hired the individual. For freelance or commissioned work, rights will usually belong
to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).
Only the owner, or his exclusive licensee can bring proceedings in the courts against an
https://www.copyrightservice.co.uk/copyright/uk_law_summary

6. The Defamation Act 2013 Hannah
The Defamation Act 2013 (c 26) is an Act of the Parliament of the United Kingdom, which reformed English defamation
law on issues of the right to freedom of expression and the protection of reputation. The Defamation Act 2013 came into force on 1 January
2014.
The Act changed existing criteria for a successful claim, by requiring claimants to show actual or probable serious harm
(which, in the case of for-profit bodies, is restricted to serious financial loss), before suing for defamation in England or
Wales, setting limits on geographical relevance, removing the previous presumption in favour of a trial by jury, and curtailing
sharply the scope for claims of continuing defamation (in which republication or continued visibility constitutes ongoing
renewed defamation). It also enhanced existing defences, by introducing a defence for website operators hosting user-
generated content (provided they comply with a procedure to enable the complainant to resolve disputes directly with the
author of the material concerned or otherwise remove it), and introducing new statutory defences of truth, honest opinion,
and "publication on a matter of public interest" or privileged publications (including peer reviewed scientific journals), to
replace the common law defences of justification, fair comment, and the Reynolds defence respectively.
https://en.wikipedia.org/wiki/Defamation_Act_2013