Understand ethical and legal constraints within the media sector

1. BTEC ExtendedDiplomainCreativeMediaProduction
Unit 7: Understanding the Creative
Media Sector
Learning outcome 2:
Understand ethical and legal constraints
within the media sector
NAME: ROBERTA HASLAM

2. BTEC ExtendedDiplomainCreativeMediaProduction
Understand legal constraints in the creative media sector
Are representations ever realistic?
Taking the aforementioned constraints into consideration, it must be noted that
representations are not necessarily realistic because they are altered to suit the
relevant persons.
Representations can be used for several positive purposes. For example:
1) The Nordic Track X9 that is constantly being advertised on television is used to
portray positive aspects such as, losing weight, feeling great and being able to
say that you have “moved down a dress size.” However, they have cleverly
masked the negative impressions which include: the long and tiring procedure
that requires a lot of commitment, the machinery that can be quite costly (after
shipping and handling) and persons must also be disciplined enough to
maintain a healthy diet. This commercial is featuring Jillian Michaels who is
already fit. Therefore, she is the image or representation that has been utilised
for a positive outlook.
2) Proactiv is a perfect example due to the fact that they promote clear skin that
results in high levels of confidence. Although these face products are
advertised to change persons’ lives, they mask the negative impressions such
as, it may not work for everyone and can result in dry skin or rashes. Hence,
persons with clear skin are used as the representations to ensure that the
audience only sees the positive image.
3) On the Internet, hotels tend to elaborate how their rooms are located along with
the different views. Thus, when guests arrive at the hotel they are surprised by
how different the property looks. Sandals Resorts in the Caribbean does not
showcase the construction or implications that would hinder their visitor
arrivals. These negative impressions are masked by using Photoshop or other
editing features, which reduces how realistic the place actually is.
Representations can be used for negative purposes also. For instance:
1) Truth is a non-smoking campaign that promotes comical situations of young
adults smoking. They portray the negative aspects of smoking by utilising the
slogan “It’s a trap” which warns them of the dangers of this bad habit. The
advertisement excludes all positive elements by incorporating animated
characters to heighten awareness.
2) AT&T has compiled a simulation of a car crash that was caused by texting
whilst driving. They predicted what could happen in a real life situation if one
uses a phone while driving. They do not focus on any positive aspects but
stress on the negative representations by exaggerating the outcome.
Therefore, these examples highlight how representations such as images or places are
magnified to an extent that is classified as positive or negative. The above mentioned
examples also emphasise how realistic representations are by forecasting what can
happen in a particular situation or exaggerating to a degree that makes it seem unreal.

3. BTEC ExtendedDiplomainCreativeMediaProduction
What sort of things can influence the representations that we see?
The three main components that would determine how real the representations are;
are the sender, the receiver and the subject.
1) Sender – Everyone has a different outlook on life so if the sender decides that
the representations are to have a positive outlook then he/she would utilise the
respective images, for example, in order to display this outcome. However, if
the producer decides that the media is to be negatively broadcasted then this
would influence how we see the representations. Thus, the sender has to take
the audience into consideration but their way of life and past experiences would
have a significant impact on the media produced.
2) Receiver – The consumer can interpret the representations differently despite
it being positive or negative. To reiterate the point above, one person may look
at a positive representation and somehow delve into a negative representation.
It all depends on what the person has experienced in the past which would
determine how well they receive the intended message. Persons would also be
motivated to look for products that correlate with their way of thinking. Hence,
when the audience has hardly any first-hand experience then this could
influence how we see the “real” world. For example, the media focuses on the
poverty in Africa so persons fail to realise how developed some areas are and
the surrounding beauty.
3) Subject – In addition to this, the subject plays a key role in the representations
that we see. In today’s society there are several stereotypes such as gender,
age and race stereotypes. Thus, if a message is being portrayed to an
audience some persons may think that women are being stereotyped in a
particular magazine or commercial which would influence the negative
representations. Culture plays a huge role also; what may be well received in a
particular country or area may be considered disrespectful to a particular
audience.
Find an example of representation and explain what you are seeing:

4. BTEC ExtendedDiplomainCreativeMediaProduction
The pictures above are a representation of Africa. However, the image on the left is
used to represent the African communities and give a negative impression of the
society. The media disregards any positive elements so many persons are unaware of
the picturesque scenery throughout certain parts of Africa (as shown in the image on
the right). Thus, in order to utilise this negative representation the producers use
imagery that captures the poorer aspects. In addition to the imagery, the language
helps to heighten the negative representation that is portrayed to the public to
encourage persons to donate money, for example.
How many categories of word do Ofcom have? Explain each one.
Ofcom has three categories of word:
Category A: Not before the watershed (9pm) and often come with editorial restrictions.
These words must be completely obscured, bleeped or the sound dipped so that the
word is completely blocked. Sometimes, it is also necessary to completely block the
speaker’s mouth.
Category B: Generally not before 9pm, except in the most exceptional circumstances.
Category C: Offensive language must not be broadcast before the watershed unless it
is justified by the context. However, frequent use of such language must be avoided
before the watershed.
In applying generally accepted standards broadcasters must ensure that material
which may cause offence is justified by the context. Such material may include:
offensive language, violence, sex, sexual violence, humiliation, distress, violation of
human dignity, discriminatory treatment or language.
www.Stakeholders.ofcom.org.uk/binaries/broadcast/831190/broadcastingcode2011.pdf

5. BTEC ExtendedDiplomainCreativeMediaProduction
Why does Ofcom have this list of words? Do you think there should be
restrictions on when certain words can be used?
Ofcom has the list of words to protect people under age 18. The list of words will help
to avoid any ambiguity amongst stakeholders.
Yes I think there should be restrictions on when certain words can be used on
television as some films are clearly meant for adult audiences only. Today’s children
are so much more exposed through social platforms, such as: Facebook, Twitter,
Snapchat and Instagram. As adults, it is our role to protect children from harmful
influences.
In a report by the Broadcasting Standards Commission: Bad language – what are the
limits? (Author: Andrea Millwood Hargrave) it was found that views on bad language
varied depending on age and personal circumstances. For example, a parent with a
child living at home, would feel differently about bad language to those persons who
had little contact with children. Many also saw bad language as a signal of, or indeed
provoking, aggression- too common a feature in our society.
Why does the NUJ produce language guidelines?
One of the NUJ’s Codes of Conduct is: A journalist “Produces no material likely to lead
to hatred or discrimination on the grounds of a person’s age, gender, race, colour,
creed, legal status, disability, marital status, or sexual orientation”.
They produce language guidelines for media workers as they work under immense
pressure on tight deadlines to create, edit and publish their work so they do not need
long guidelines. In September 2014, the NUJ launched new guidelines for the reporting
on lesbians, gays, bisexual and transgenders, for all media workers creating and
handling editorial material.
Should we protect groups of people by putting in place guidelines on how we
talk about them?
Yes we should protect groups of people by putting guidelines in place. The types of
words we use to describe people can influence how we feel about them. The media is
a very powerful tool, it reaches across the globe and the messages portrayed can help
to incite hatred and aggression towards various groups: ethnic, religious, disabled.
The guidelines make reference to language. We have to be careful when we use
certain words for disability. For example, you can use the word deaf/ hard of hearing to
describe the hearing impaired but you should not refer to them as “The deaf”.
Another example, is the way in which the media refers to immigrants.

6. BTEC ExtendedDiplomainCreativeMediaProduction
https://www.opendemocracy.net/transformation/chitra-nagarajan/how-politicians-and-
media-made-us-hate-immigrants.
The media often misrepresents information on asylum seekers, refugees and
immigrants. Newspaper and TV images play into the dominant stereotype of the young
dangerous man breaking into Britain and threatening ‘our’ communities. Thirty-one
percent of headlines and fifty-three percent of text about asylum across all newspapers
have negative connotations (www.article19.org).
According to the NewStatesman, language used to describe immigration is highly
hostile across all newspaper types, with ‘illegal’ and ‘bogus’ the most commonly used
terms to describe immigrants and asylum seekers.
(http://www.newstatesman.com/2013/08/we-need-change-very-language-we-use-talk-
about-immigrants).
There are 3 ways in which a broadcaster can make it easier for people with a
disability to access its programmes. What are they?
 Subtitling – dialogue displayed at the bottom of the screen
 Signed television programmes – incorporating sign language
 Audio Description – use of visual images
Who ensures that broadcasters are making their programmes accessible? What
are the consequences for broadcasters if they do not meet their accessibility
requirements?
Ofcom ensures that broadcasters are making their programmes accessible. All
commercial television and radio broadcasts in the UK are licensed by Ofcom and
hence are subject to its regulations. Viewers can submit complaints to Ofcom who will
do their own investigations to determine whether or not the broadcaster has violated
the Broadcasting Code. Broadcasters can be fined if they do not comply with
accessibility requirements. Ofcom will consider all the circumstances in the case in
order to determine the appropriate and proportionate amount of any penalty. The main
objective of the penalty is deterrence (www.ofcom.org.uk).

7. BTEC ExtendedDiplomainCreativeMediaProduction
Why do we have codes of practice?
We have codes of practice to use as a guideline to give us a good idea of what we can
do or can’t do in laws that govern media organisations.
In Editors Codes of Practice, the Independent Press Standards Organisation (IPSO)
deals with complaints about the print industry. For example, if you think a story broke
the rules, you can complain to the IPSO.
In privacy law, some acts relating to privacy are:
 Privacy and the Human Rights Act 1998- Humans now have personal rights to
vote their opinions. This is causing problems in courts of justice because there
are laws we must abide by in Government.
 The Data and Protection Act 1998- National Union of Journalists (NUJ) makes
sure that your Facebook is locked, so that it is not in the public domain where
anyone can see it and misuse the information.
Use one code of practice and investigate it in detail:
The Code of practice I have decided to investigate in detail is the Equality Act 2010. I
have researched Equality Case studies in relation to disability. I found specific
examples of cases were they had to deal with direct and indirect discrimination. For
example, “the admissions tutor for an independent school interviews an applicant who
has cerebral palsy which makes her speech unclear. The tutor assumes that the
applicant also has learning difficulties and refuses to admit her as he thinks she will be
unable to cope with the highly academic environment of the school. This is likely to be
unlawful discrimination arising from disability.”
I can relate to one of the examples because I am hearing impaired. In the past, I had
difficulty hearing the notes that were dictated to me in school. I was ‘at a substantial
disadvantage because teachers continued speaking while facing away from me to
write on the board.” The outcome was that I wrote down inaccurate information and if
my work was not checked by my mother at home, then I would learn wrong details for
my exams. The teachers constantly had to be asked to face me; so I could lip read and
hear what he/she was saying.
What is the Broadcasting Act and what did it do?
In 1990 the Broadcasting Act was established to set the path for any alterations in
ownership and the amount of media outlets that were spread throughout the UK. Less
control was derived as a new regulatory body was introduced. In addition, there were
only four channels available so after the implementation of this Act, a fifth channel was
created. Hence, there were opportunities for new commercial radio stations to broaden
their horizons.
Therefore, by motivating persons to become owners of certain media channels, the
newspaper owners who worked on a national level were only allowed to partake in
twenty percent (20%) of a television company. These restrictions also affected
commercial and satellite television and national radio stations. However, the individual
that found a way to combat these restrictions was Rupert Murdoch so that Sky
Television was considered to be a non-UK service.

8. BTEC ExtendedDiplomainCreativeMediaProduction
What is the Official Secrets Act?
In 1911, the Official Secrets Act was introduced to protect any secrets that the
Government had that would have a negative impact on national security if the public
was to suddenly become aware of them. In other words, national security would be
compromised or threatened if certain information was revealed to the public. Although
this Act was created to protect secrets, it was often debateable whether or not the
information should be revealed. However, once it was kept secret, it was for the benefit
of both the Government and the public.
Find an example of when it has been used and explain why it was used and what
the outcome was.
A perfect example is the 2011 Metropolitan phone hacking scandal. The Official
Secrets Act was used in order to try and force the Guardian Newspaper to disclose
their sources. It was also used because the sources that were revealed in relation to
the scandal could have breached national security. The outcome was the Guardian
Newspaper closed down and “on 24 July, the Crown Prosecution Service announced it
would be charging eight people with phone hacking.” Another result of this is the public
was outraged because if it wasn’t for the Guardian Newspaper, the scandal might’ve
escalated. Finally, high-ranking police officers resigned in an attempt to mitigate the
situation.
http://www.bbc.co.uk/news/uk-11195407
Should we have an Official Secrets Act?
Although persons may disagree with the rules and regulations of this Act, I am of the
opinion that an Official Secrets Act is necessary because it not only protects national
security but benefits the country in the long run. This Act ensures that the democratic
process runs fairly so I think that it is essential to avoid any dilemmas. For instance, I
believe it is important because if the public becomes aware of certain secrets there
could be an increase in riots and higher tension levels. Therefore, it is needed to
ensure that the relevant Government bodies do not become vulnerable. However,
even though I agree that we need an Official Secrets Act, how and when it is to be
utilised is controversial.
What is the Obscene Publications 1959 and what is its definition of obscenity?
The Obscene Publications is an “Act of Parliament that reformed the law related to
obscenity.” This Act basically amends the law in relation to any broadcasting or
publication of obscene matter. Furthermore, it protects literature and strengthens the
law (for instance with pornography).
Obscenity can be defined as a legal term that relates to something that would be
considered offensive. Thus, obscenity can be represented in the form of language or
images.

9. BTEC ExtendedDiplomainCreativeMediaProduction
Give an example of a recent case involving the act (1990 onwards). What
happened, who was involved and what was the outcome?
In the case of R v Stephane Laurent Perrin [2002] EWCA Crim 747 the Court of
Appeal considered whether the content of a web page were capable of being
prosecuted under the Obscene Publication Act 1959.
The defendant was a police officer with the Obscene Publications Unit who in the
course of his duty used a computer to visit a web site. The web page that he
accessed was a preview page that was available to all but if the viewer wished to
see more then he needed to provide a name, address and credit card details,
which is what he did.
Mr Perrin subsequently accepted that he was responsible for the material that was
contained in the website. He was convicted in relation to the material contained in
the preview page but not the material that required the officer to enter personal
details. He appealed. One of the issues argued before the Court of Appeal was
whether the relevant publication was only to the police officer who accessed the
website. The jury having clearly drawn a distinction in relation to the likely audience
of the preview site and pay only site.
What is the Video Recordings Act? Why was the Video Recordings Act
introduced?
The Video Recordings Act enforces that all videos must have a rating and if they are
offensive then they must be cut or rejected. An example of the offences that fall under
this Act is providing or deciding to provide an unclassified video. This Act basically
verifies that they are distributed to age-appropriate users in order to avoid criminal
offences.
The Video Recordings Act was introduced in 1984 because persons were becoming
aware of some inappropriate videos that were offensive to many viewers. Thus, to
avoid any further problems a rating scheme was developed. The Director of Public
Prosecutions (DPP) created the “video nasties” list for videos that he thought were in
not in line with the Obscene Publications Act.
What were some of the films that were prosecuted by the Director of Public
Prosecution?
Films that were prosecuted by the Director of Public Prosecution:
 Absurd (1981)
 Bloody Moon (1981)
 Exposé (1976)
 The Last House on the Left (1972)
 The Slayer (1982)

10. BTEC ExtendedDiplomainCreativeMediaProduction
What is the equality act?
The Equality Act was established in October 2010. This Act takes persons’ rights into
consideration by protecting them in a manner that promotes equality. England, Wales
and Scotland utilise this Act by hindering discrimination from employers, for example.
One hundred and sixteen (116) components of legislation were combined to establish
the Equality Act under the nine protected characteristics. For instance, the Disability
Discrimination Act (1995) and Race Relations Act (1976). In other words, this Act helps
to heighten the level of protection for individuals from discrimination and thus, resulting
in new standards of respect in the workplace.
What are the 9 protected characteristics?
 Age
 Disability
 Marriage
 Race
 Religion
 Gender Reassignment
 Civil Partnership
 Sex
 Sexual Orientation
Can you find an example of a case involving the equality act? What happened
and what was the outcome?
In June 2014, Mrs R Tracy had a Do Not Attempt Cardio Pulmonary Resuscitation
(DNACPR) notice placed on her notes without her knowledge. This failure to inform her
breached her human rights.
The outcome was that health workers must involve patients in any decision about use
of DNACPR notices. The rights of patients to be consulted on such decisions should
be in a clear policy and there has to be convincing reasons if this does not happen
(causing stress is an insufficient reason). Patients and their families must be informed.
Judgment: R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and
Secretary of State for Health [2014] EWCA Civ 822
What protects people from journalists invading their privacy?
The NUJ states in its code of conduct that journalists should not ‘intrude into
anybody’s private life, grief or distress unless justified by overriding consideration of
the public interest’. However, if the editor can prove that disrupting someone's privacy
is in the public interest then In practice, people’s privacy may be disrupted.
There is no express right to privacy under English law, however there are a number of
rights that are indirectly related to privacy, such as:
 Privacy and the Human Rights Act 1998
 The Data Protection Act 1998

11. BTEC ExtendedDiplomainCreativeMediaProduction
Find a privacy case and explain who was involved, what happened and what the
outcome was.
This particular case involves the Duchess of Cambridge, Kate Middleton. In 2013, she
filed a complaint as topless pictures appeared in the French edition of the magazine
Closer, in 2012. The Duchess was in France where her topless picture was taken and
published in a magazine which was a serious invasion of privacy. The outcome was
the magazine executive and the female photographer were charged with invasion of
privacy.
British newspapers were apparently offered the photographs but turned them down
due to the intrusive nature of the pictures.
What areas does the Copyright and Intellectual Propertylaw cover?
The Copyright law gives the creators of literary, dramatic, musical, artistic works,
sound recordings, broadcasts, films and typographical arrangement of published
editions, rights to control the ways in which their materials are 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.
International conventions give protection in most countries, subject to national laws.
The types of work protected include:
1. Literary
2. Dramatic
3. Musical
4. Artistic
5. Typographical arrangement of published editions
6. Sound recording
7. Film
(www.copyrightservice.co.uk/copyright/p01_uk_copyright_law)
3. Trademarks- branding- you can’t use a company’s trademark.
4 .Design work- something you design. E.g. wall paper, fabric, etc. lots of different
possibilities.

12. BTEC ExtendedDiplomainCreativeMediaProduction
Why is copyright important to the creative media sector?
Copyright is important to the creative media sector as it gives the creators of the works
the right to control the ways in which their material may be used.
A person can spend many years creating a work of art, a song or a film and an
imposter can come along and lay claim to it. The Copyright law has been established
to protect the creators of the work from such unethical persons.
For example - Vanilla Ice vs Queen and Bowie:
In 1990, singer Vanilla Ice took David Bowie and Queen’s song – Under Pressure –
altered the rhythm of the baseline and thought that he would be able to avoid any
copyright issues developing. The song Ice Ice Baby became No.1 in the US charts.
The case was settled out of court for an undisclosed sum, as it was evident that Vanilla
Ice had stolen the sample without permission. The song has since been released in
many different versions, with all of the correct procedures followed.
What is libel? What must you be able to prove to win a libel case?
Libel is writing something about a person that is not true. It can be recorded in a
permanent form in a newspaper, book, TV, radio, website, blog, drawing or a letter
from one person to another.
Several factors have to be considered in order to prove that libel has happened.
1. Individual defamed must prove that the statement is false.
2. Caused harm to them
3. Was made without research into the truthfulness of the statement.
(www. Insidecounsel.com/2014/11/18/6-most-successful-celebrity-libel-and-slander-
case).

13. BTEC ExtendedDiplomainCreativeMediaProduction
Find an example (not the one you were given in the lecture) of a libel case.
The Daily Mail published accusations that British actress, Kiera Knightley, had an
eating disorder and had been responsible for the death of a young lady with anorexia.
The newspaper published a photograph of the 22-year-old on a beach, with comments
about her weight, as part of an article about the girl who had died of anorexia.
The actress went to court in a weight libel claim and was awarded thousands of dollars
which she gave to the eating disorder charity Beat.