Unit 1: Task 9
Legal/Ethical Issues and
Regulation
Alice Mutch
Possible impact on audience
• There is no swearing or inappropriate language during Miranda as
it’s at 8pm, which is classed as day time television so it’s got to be
suitable for people of all ages to watch.
‘We must not include the strongest language before the watershed’
• No violence is aired on the Miranda show due to the time of the
programme and as the genre is a comedy there’s no need for
violence.
‘Violence, its aftermath and descriptions of violence, broadcast in pre
watershed programmes, it must be appropriate to the likely
audience and editorially justified.’
• Nudity is forbidden on Miranda
‘Nudity before the watershed or in online content likely to appeal to a
significant proportion of children’
Relevant Laws
•

General Laws: what effect breaking the law might have on the BBC, and

what the effect might be on the people concerned.
‘There may be occasions where providing accurate, impartial and fair
coverage in the public interest involves possible conflict with the law.’
• Defamation: This is when an individual can sue for damage to their
reputation caused by material broadcast to a third party, including
material published online.
‘If involved in an action for defamation there are a number of possible
defenses but, generally, broadcasters will need to have good evidence to
back up what they say’
• Privacy: When broadcasting a story which contains private information,
each piece of private information will need to be considered separately.
‘If there is a reasonable expectation of privacy, the court will seek to balance
the individual’s right to privacy against the media’s right to freedom of
expression’
• Contempt: contempt of court is the body of law which
protects the integrity of the legal process from outside
influence.
‘These rules apply to all courts and tribunals exercising the
judicial authority state’
• Copyright and Other Intellectual Property Rights: This
includes copyright, moral rights, performers rights, trade
marks, patents and designs and rights to prevent “passing
off” and breach of confidence.
‘Advice must be sought from the Talent and Rights Negotions
Group (TRNG) in Rights and Business Affairs about the
commissioning or clearance of copyright for use in BBC
programmes or the contracting of performers.’
Relevant Regulatory Bodies
There are a range of regulatory bodies in the UK that
oversee different parts of the Media
• Ofcom – the “Communications Regulator” responsible
for regulating TV and radio – eg. enforcing the
“watershed”
• BBFC – British Board of Film Classification –
responsible for providing age ratings for films
• The BBC – as a Public Service Broadcaster, has its own
very strict guidelines about what it can and cannot
broadcast
What ofcom does
• Ofcom is the communications regulator.
• Ofcome regulates the TV and radio sectors, fixed line
telecoms, mobiles, postal services, plus the airwaves over
which wireless devices operate.
• They make sure that people in the UK get the best from
their communications services and are protected from
scams and sharp practices, while ensuring that competition
can thrive.
• Ofcom operates under the Communications Act 2003. This
detailed Act of Parliament spells out exactly what Ofcom
should do – we can do no more or no less than is spelt out
in the Act.
• Ofcom is funded by fees from industry for regulating
broadcasting and communications networks, and grant-inaid from the Government.

Tasknine

  • 1.
    Unit 1: Task9 Legal/Ethical Issues and Regulation Alice Mutch
  • 2.
    Possible impact onaudience • There is no swearing or inappropriate language during Miranda as it’s at 8pm, which is classed as day time television so it’s got to be suitable for people of all ages to watch. ‘We must not include the strongest language before the watershed’ • No violence is aired on the Miranda show due to the time of the programme and as the genre is a comedy there’s no need for violence. ‘Violence, its aftermath and descriptions of violence, broadcast in pre watershed programmes, it must be appropriate to the likely audience and editorially justified.’ • Nudity is forbidden on Miranda ‘Nudity before the watershed or in online content likely to appeal to a significant proportion of children’
  • 3.
    Relevant Laws • General Laws:what effect breaking the law might have on the BBC, and what the effect might be on the people concerned. ‘There may be occasions where providing accurate, impartial and fair coverage in the public interest involves possible conflict with the law.’ • Defamation: This is when an individual can sue for damage to their reputation caused by material broadcast to a third party, including material published online. ‘If involved in an action for defamation there are a number of possible defenses but, generally, broadcasters will need to have good evidence to back up what they say’ • Privacy: When broadcasting a story which contains private information, each piece of private information will need to be considered separately. ‘If there is a reasonable expectation of privacy, the court will seek to balance the individual’s right to privacy against the media’s right to freedom of expression’
  • 4.
    • Contempt: contemptof court is the body of law which protects the integrity of the legal process from outside influence. ‘These rules apply to all courts and tribunals exercising the judicial authority state’ • Copyright and Other Intellectual Property Rights: This includes copyright, moral rights, performers rights, trade marks, patents and designs and rights to prevent “passing off” and breach of confidence. ‘Advice must be sought from the Talent and Rights Negotions Group (TRNG) in Rights and Business Affairs about the commissioning or clearance of copyright for use in BBC programmes or the contracting of performers.’
  • 5.
    Relevant Regulatory Bodies Thereare a range of regulatory bodies in the UK that oversee different parts of the Media • Ofcom – the “Communications Regulator” responsible for regulating TV and radio – eg. enforcing the “watershed” • BBFC – British Board of Film Classification – responsible for providing age ratings for films • The BBC – as a Public Service Broadcaster, has its own very strict guidelines about what it can and cannot broadcast
  • 6.
    What ofcom does •Ofcom is the communications regulator. • Ofcome regulates the TV and radio sectors, fixed line telecoms, mobiles, postal services, plus the airwaves over which wireless devices operate. • They make sure that people in the UK get the best from their communications services and are protected from scams and sharp practices, while ensuring that competition can thrive. • Ofcom operates under the Communications Act 2003. This detailed Act of Parliament spells out exactly what Ofcom should do – we can do no more or no less than is spelt out in the Act. • Ofcom is funded by fees from industry for regulating broadcasting and communications networks, and grant-inaid from the Government.