Wednesday 2 November 2011

Ethical and Legal Constraints within the Media Sector

Legal:

Broadcasting Act 1990 is a law of British parliament which tells broadcasters what they can and can't broadcast in the UK, on television and on the radio. For example, if BBC showed a program with lots of swearing before 9PM, that would be a breach of the broadcasting act 1990. I think this is a good law because it stops some broadcasters from broadcasting things that are innapropriate and could be seen by the wrong audience.

Official Secrets Act 1989 is a law that states that it is illegal to disclose information regarding national security. For example, if a journalist released information about the location of Prince William, this would be a breach of the Official Secrets Act. I think this is a good law because it prevents journalists releasing information about some very important which could maybe be seen by someone who could track them down.

Obscene Publications Act 1959 is a bunch of laws relating to obscene material being published on TV. For example, if BBC showed a pornographic movie, this would be a breach of the obscene publications act 1959. I think this is a good law because it stops things innapropriate material being scene on TV when anyone could see it including younger people.

Films Act 1985 is a law concering film finance and defining British films. It basically decide whether or not a film is "British" and has the right to be funded by the British government. I think it is a good law because it stops foreign films being made and funded by British government and gives us more British films.

Video Recordings Act 1984 are laws stating that all videos that are sold or available for rental must be classified by the BBFC. For example if a DVD was sold that had no age rating on it, this would be breaking the video recordings act. This is a good law because it stops people from buying un rated DVD's and seeing content they didn't expect to see within the film.

Race Relations Act 1976 is a law to prevent discrimination on the grounds of race. Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and natural origins in the fields of employment, the provision of good and services, education and public functions. For example if a company wanted to hire somebody for a certain job but would only hire a certain race, this would be a breach of the race relations act. I think this is good because it makes companies more diverse and prevents some managers from being racist. The only problem is that it could cause some people to be racist because someone not from England took a job they may have applied for.

Human Rights Act 1998 are rights that are to believed to belong justifiably to every person. For example, if soembody told a group of 5 or 6 people that they could only stand in groups of 3, this would be a breach of the human rights act. This is a good law because it lets people know what they do and don't have rights to do and these rights can be used if someone is trying to tell you to do something you don't have to do.

Licensing Act 2003 is an act that states that pub owners need a specific license in order to broadcast football, play music and other forms of entertainment. For example, if a pub owner showed a football match streamed from a website that was or wasn't being shown on Sky Sports/ITV/BBC then that would be a breach of the Licensing Act. This is a good law because it stops Sky Sports/BBC etc from losing money. I do think it should be legal to stream football in pubs though if the game is not being broadcast on TV.

Privacy law prevents journalists from publicising private facts about individuals, unless it can be proved that knowing the fact is in the public interest. For example, a journalist publishing a story about something private that's happened in somebody's life would be a breach of the privacy law. This is good because it stops people's private lives from being invaded and stops people all across the country discussing something that may or may not be true about a person when they didn't want people to know.

Copyright protects written, theatrical, musical and artistic works as well as film, book layouts, sound recordings and broadcasts. Copyright is an automatic right that you don't have to apply for. For example, if someone wrote a song and showed it somebody, then the person they showed it to released the song and claimed it as their own, this would be a breach of copyright. This is a good law because it stops other people from stealing things you've created and claiming it as their own and getting credit for something you did. This is probably the most effective law of them all.

Intellectual property law refers to creations of the mind: inventions, literary and artistic work and symbols, names, images and designs used in commerce. IP results from the expression of an idea. So IP might be a brand, an invention, a design, a song or another intellectual creation. IP can be owned, bought and sold. For example, if a person thought of an invention in their head and shared their idea with someone else, if that someone else created that invention and sold it with the permission of the other person, that would be breaching the intellectual property law. This is a good law because if you come up with a brilliant idea and someone steals it and makes the idea a reality, they would get in trouble for breaking the intellectual property law and it stops your credit from being stolen.

Libel law is writing or recording something false and damaging about someone and is a form of defamation. For example, if a journalist published a false story about how somebody had child pornography on their computer, this would be a breach of the libel law. This is a good law because it stops false and negative information about people being spread around the country and stops people from having a negative opinion on a person for it.

BBFC (British Board of Film Classification) is an organisation which classifies all films, TV programmes, video games and adverts in the UK, it gives it an age rating, the main age ratings given are U (suitable for anyone), 12A (can only be seen if the viewer is 12 or over or accompanied by an adult), 12 (can only be seen if viewer is 12 or over), 15 (can only be seen if viewer is 15 or over), 18 (can only be seen if viewer is 18 or over) and restricted 18 (can only be seen in licensed cinemas and sold at licensed retailers at sex shops, only if viewer is 18 or over). If something is released and has not been classified by the BBFC, it is a breach of the video recordings act. I think this is good because it stops anyone from being able to see any film they want when they're may be content unsuitable for them in that film. The only problem is that usually people who are too young for a certain film are sometimes allowed in and the DVD can still be watched if bought by someone old enough to buy it.

Ofcom (Office of Communications) is a television based corporation, their main responsibilities are to take complaints from the public about harmful/offensive material on TV and launch investigations into it and then take action if found guilty. For example, if there is swearing on a program on BBC1 before 9PM (Watershed) then viewers have a right to complain to Ofcom and if they find that there was swearing, they can take action. Ofcom are good because they keep it so broadcasters only broadcast what they're allowed to and there is no innapropriate content on TV, and if there is, Ofcom deal with it effectively.

Code of Practice is a set of rules explaining how people should behave in their profession. For example, someone working in a shop would have a certain dress code and a certain way to deal with costumers, e.g. they would not be allowed to shout at customers.This is good because it gives people a code to follow in order to make that industry look professional and keeps people from doing things the company wouldn't approve of.

Press Code of Practice:  All members of the press have a duty to maintain the highest professional standards. The Code, which includes this preamble and the public interest exceptions below, sets the benchmark for those ethical standards, protecting both the rights of the individual and the public's right to know.

Media Representation is how certain types of people are represented in different TV shows/films. E.g. Black people, gay people, chinese people etc. For example, black people are usually represented in films as being very athletic and fast runners, even though not all are, however muslims are represented as being terrorists, even though not all muslims are terrorists, the media makes people think that. It can also mean they way places are represented e.g. Liverpool is represented as a place with lots of crime and robberies, even though maybe it's not as bad as the media make it out to be.

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