This document provides an overview of key concepts around ethics and legal constraints in the media sector, as part of a BTEC course on creative media production. It discusses representations in media and what can influence them, such as target audiences and political stances. Guidelines from organizations like Ofcom and IPSO that regulate media are examined, looking at how they establish rules around topics, language and accessibility. Laws governing privacy, secrecy and offensive content are also covered.

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Unit 7: Understanding the Creative
Media Sector
Learning outcome 2:
Understand ethical and legal constraints
within the media sector
Name: Amelia Browne

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Understand legal constraints in the creative media sector
Use this workbook to help you with this learning outcome. There is some guidance
and further notes which you should read and then remove, replacing it with your own
answers.
Are representations ever realistic?
No, I believe that it is rare that representations are ever completely realistic as an incorrect
stereotype is often portrayed somewhere in the representation.
However representations aren't always incorrect simply due to a stereotype as representations
are often moulded to fit one particular opinion, view or occasion, for example people on
benefits are often represented as lazy, cheaters,liars, or horrible people. In this headline from
the Daily Express it says "Britain's top benefits scroungers are £300 a week better off on the
dole than the average working family before welfare reforms" the use of the term "benefits
scroungers" helps to create this stereotypical, negative representation of people on benefits,
this shows that this statement is unrealistic as it is merely someone's opinion and therefore a
personally created untrue representation.
Unrealistic positive representations can also created around a subject to emphasise a positive
spin on the story.
What sort ofthings can influence the representations that we see?
The media companies such as BBC,news papers, ITV etc. Who produce the media are in
charge of creating the representations, the producers choice on how to represent a subject can
be effected by a variety of different things such as the companies target audience or political
stance,the producers own experiences/ beliefs or even the culture in which the media is being
produced.
Therefore the representations created by different media producers will be different from each
other as different opinions will be promoted. For example the medias coverage of the dapper
laughs issue, the BBC's coverage of the
event(https://www.youtube.com/watch?v=eIyo00p28Ho) was strongly negative towards
Dapper Laughs as the chose to give one sided story and didn’t show dapper laughs point of
view this slant on the story was most likely given as the BBC generally has an older audience
who have more serious and less accepting views meaning that to appeal to their audiences
views the story must be represented in the way it has been.
Channel 4's coverage of this event (https://www.youtube.com/watch?v=GgDjU6ZHz9E)
however gives a slightly different angle on the story as they still clearly state that his
behaviour is strongly offensive and promotes rapist behaviour however they do also
show sympathy to the situation he is in as he is being sent a large amount of hate, this
slightly more sympathetic slant is most likely due to the institutions younger audience
who generally have more accepting views, and therefore channel 4 wants to target
this audience by showing these views.
Find an example ofrepresentation and explain what you are seeing:
(http://www.express.co.uk/news/uk/461463/Benefits-system-is-broken-UK-s-top-
scroungers-on-300-a-week-more-than-the-average-family)
This article from the express provides a negative representation of benefits claimants, this
representation is given to the reader from the start of the article as the term "scroungers" is
used in the headline. This negative representation is then carried out throughout the whole of
the article. I believe that this is an un true representation of the story and has been misshapen
by the person writing the article and the newspaper in order to get across their own views on

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the matter and convince others that this is the true representation. This article reinforces the
negative dominant ideology about immigrants which news about is dominated by newspapers
and politicians, as we very rarely see the immigrants point of view. Even the word immigrant
is now tinged with negative connotations due to articles which are written much like this one
Howmany categoriesofword do Ofcom have? Explain each one.
Ofcomhave three categoriesof word:
CategoryA –where programmesare notto be shownbefore watershed(9pm) andoften
come witheditorial restrictions
CategoryB- these programmesare generallynotshownbefore9pm, there are howeversome
exceptions
CategoryC- programmeswhichcan be shownpre 9pm howeversome restrictionsstill apply.
Why does Ofcom have this list ofwords? Do you think there should be restrictions on
when certain words can be used?
(Explain the reason that these categories exist and then use your own opinion, supported by
further research,to debate if we should have these restrictions.)
These Ofcom categories exist in order to help prevent viewers seeing content which they may
deem offensive, these categories inform the viewers about what kind of content they will be
watching before they would have had the chance to be offended this is particularly important in
the case of children as they can become upset or offended easily and parents would want to
know what is okay for their children to watch. I believe that we should have these categories as
it allows parents to determine what they should allow their child to watch as they want to
prevent their susceptible children by being particularly upset, by something or learning words
which they shouldn’t be using. I understand some peoples argument that children should be
exposed to reallife and not shielded, however I tend to disagree with this, so I believe that it is
better that the three categories exist, this then allows the parents to make an informed choice
about what they want their kids to watch.
Why does the NUJ produce language guidelines?
NUJ provide guidelines for all different kinds of news reporting. This is done to help
journalists follow their best practice when discussing a range of issues. The guidelines are in
place to prevent journalists from using words to describe people which can influence how we
the reader feelabout them in a negative way.
Should we protect groups ofpeople by putting in place guidelines on howwe talk about
them?

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I believe that we should protect groups of people with the use of these guidelines as the choice
terminology could otherwise deeply offend, upset or distress some people which is unfair. An
example of this type of offensive language is in an article where it was stated that a "recently
released psychiatric patient kills his sister" this gives the implication that people have been sent
to psychiatric hospitals as a form of punishment which is not the case as they have gone there
for treatment, this article there fore could upset some people as they would now be seen as a
threat to society rather than the vulnerable individual that they are this could therefore have a
severely negative effect on their heath.
There are 3 ways in which a broadcaster can make it easier for people with a disability to
access its programmes. What are they?
The three way in which programmes can be made more accessible to disabled people are
Subtitling: there are currently 70 channels which are requires to provide a level of subtitling,
the BBC subtitle all of their programmes
Signed: some TV programmes incorporate a signer who translates dialogue and sound effects
in to sign. Channels must meet a quota to the amount of signed programmes they have
however channels with low audience numbers may simply pay an equivalent sum of money to
he British Sign Language Broadcasting Trust as an alternative this has been set up to
commission programmes presented in sign language.
Audio description: this is where a separate audio track is given to a programme, where a
narrator uses spaces in the original soundtrack to describe what is visually happening on the
screen in able for visually impaired people to understand what is going on.
Who ensures that broadcasters are making their programmes accessible? What are the
consequences for broadcasters ifthey do not meet their accessibility requirements?
Ofcom are in charge of ensuring that channels meet the accessibility requirements set out,
however there is such a large number o channels Ofcom are unable to check them all so the
channels are expected to self regulate, whilst Ofcom randomly checks on them, if they are
found to not have the correct amount of accessibility the channel could face a fine as a
consequence.
Why do we have codes ofpractice?
Most large media organisations have a code of practice which the work inline with, codes of
practice are the guidelines about how a product should be produced and the content of the
product, and is a way of producing content that’s appropriate for the audience so that it doesn't
offend anyone. The BBC editorial guidelines cover a range of areas providing guidance as to
how work should be produced as well as how the BBC want to go about their work. Producers
can use these guide lines when making decisions regarding their production, the public can
also uses these guidelines to hold the BBC to account of they feellike they have breached their
rules.
There are a number of different codes of practice for the range of different types of media
examples include the IPSO and the IGDA.
Use one code ofpractice and investigate it in detail:

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The Independent Press Standards Organisation (IPSO) was set up in 2014 to replace
the PCC, it deals with complaints regarding the print industry. As the regulator for the
newspaper and magazine industry in the UK the IPSO claim to
‘uphold the highest standards of journalism’ through their monitoring and maintenance
of the Editors' Code of Practice, which deals with issues such as news accuracy and
invasion of privacy they also provide support for individuals wishing to complain about
breaches in this code. Most of the complaints which the regulator deal with are
editorial related however they do also deal with complaints regarding the physical
behaviour of journalists such as the use of hidden cameras in order to obtain material.
An example of when the IPSO has had to deal with a breach of the editors code of
practice is in a publication in the Telegraph on the 4th April 2015 with the headline
“Sturgeon’s secret backing for Cameron” a complaint was made by the Office of the
First Minister of Scotland regarding this article claiming that it breached the editor's
code of practice as it was in accurate (clause 1) the issue arose from a piece of
leaked information from a private meeting between Nicola Sturgeon MSP and the
French Ambassador where Sturgeon supposedly said that she "would rather see
David Cameron win the general election than Ed Miliband" in the complaint it was
stated that this information was untrue and that the newspapers decision to not
contact Nicola Sturgeon before its publication was a breach of the accuracy clause.
After an investigation the IPSO found that the article was in fact a breach of the code
and action was taken.
What is the Broadcasting Act and what did it do?
The 1990 Broadcasting act paved the way for changes in ownership and that number of
available media outlets in the UK,it was created to ensure that everyone would have a fair
market share meaning that smaller companies had an opportunity to compete and therefore the
consumer would have a greater amount of choice. It aimed to get a variety of companies to
own parts of the media in the UK by restricting national newspapers to holding no more than
20% of a television company; similar restrictions also apply to TV and radio stations.
However a loophole was controversially found by Rupert Murdoch on the basis that SKY TV
was not a UK service.
What is the Official Secrets Act?
this is a piece of law which protects state secrets and national security. It has been previously
used to try and force journalists to reveal their sources for their stories if the authorities believe
that the case is a matter of national security. It is common for people to have a to sing the
official secrets act before and after employment involving access to secrets. An example of a
breach was Edward Joseph Snowden on wiki leaks.
Find an example ofwhen it has been used and explain why it was used and what the
outcome was.
An example of the use of this act is in 2011 when the metropolitan police attempted to use the
act to get the guardian to reveal their sources for the phone hacking scandal. In this example
they where unsuccessfulfrom gaining the wanted information from the journalists. This
example is very well known as it created a great issue surrounding important individuals
security.
Should we have an Official Secrets Act?

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Yes I believe that we should have an official secrets act as it allows key information to be
withheld from the public who wouldn’t be able to keep the countries secrets,which would
mean they would get out and perhaps into the hands of opposing governments and countries
which may present a terrorism threat this therefore may have deadly consequences. As a result
having a secrets act makes the security of the county and those in it safer which is of benefit to
everyone in the country.
What is the Obscene Publications 1959 and what is its definition ofobscenity?
(give a brief overview of the act and the quote its definition of obscenity)
This is an act of parliament which reformed the law related to obscenity; which is the state or
quality of being obscene.
It started in 1959 then later in 1977 also became an act which covered film. It was created in
order to protect people from publications and films where there are obscene natures-e.g.
violence sexual acts,mutilation, publications created with the intention of corrupting etc.
Prosecutions relating to music in terms of lyrical content and album covers have also been
attempted. An example of this is Lady Chatterleys Lover or Oz magazines schoolkids edition.
Recent attempted prosecutions also involve online chats and forums.
Give an example ofa recent case involving the act (1990 onwards). What happened, who
was involved and what was the outcome?
An example of a case is the Michael peacock case in 2012, peacock was a male escort who was
accused of distribution of obscene DVDs containing legal hardcore gay sex acts. Peacock was
found not guilty in trial as although the jury seemed initially shocked they didn’t find the
content to be corrupting, peacock also stated that the people viewing this DVD would most
likely be gay men who had specifically asked for this type of material therefore implying that
this content wouldn’t appear shocking or corrupting to them. The verdict of this case has given
a new understanding of the new presumed sexual norms which have been promoted through
pornography, as no one now seems to be shocked by this form of content.
What is the Video Recordings Act? Why was the Video Recordings Act introduced?
This act was created in 1984 to then regulate the growing home market of vhs in response to
'video nasties' appearing on the market without regulation. A system was in place to regulate
however it was voluntary meaning it was hare to enforce particularly with smaller companies.
So in 1985 the act changed meaning that all videos (and later DVDs etc.) had to be submitted
for rating. This work was carried out by the BBFC in the same way it did for cinema release.
The act has yet again been recently updated in 2010 in order to work for the changing trends in
the industry.
What were some ofthe films that were prosecuted by the Director ofPublic Prosecution?
There are some films which are deemed to graphic to be allowed on sale to the general public
the content of theses productions are extremely messed up and disturbed to an extent where the
BBFC wont allow them to be shown. Some examples of these types of film are 'snuff', 'the
driller killer' or 'cannibal holocaust' the content which may be included in these films may
include mutilation, violent rape, cannibalism or animal abuse to name a few examples, once
the film has bee said that it is not allowed to be shown or sold the BBFC will provide feed
back as to what they can take out so that the film will be able to be shown for example
cannibal holocaust featured a lot of animal abuse the BBFC then gave them feedback and they
removed 5.44 seconds in 2001 and then a further 15 seconds in 2011.

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What is the equality act?
the equality act was designed to encourage identification and elimination of
discrimination, sexual harassment and victimisation. It also aims to promote and
facilitate the progression of equality.
It covers the selection appointment and promotion processes regarding employment and also
deals with workplace harassment, provisions and equality with pay and conditions.
It brings together a number of acts to ensure that there is no discrimination
What are the 9 protected characteristics?
These characteristics are the things which the equality act ensure no one is discriminated due
to
They are:age, disability, gender reassignment, marriage &civil partnership, race,religion/
believe, sex and sexual orientation.
Can you find an example ofa case involving the equality act? What happened and what
was the outcome?
An example of a case involving the equality act was in 2015 when a group of Irish Travellers
was denied entry to a Weatherspoon's pub in London. The pub owner denied the allegations of
discrimination however the travellers won the case as the judge stated that the owner
"suffused with the stereotypical assumption that Irish Travellers and English Gypsies
cause disorder wherever they go".
The judge then added: "In my judgment this is racial stereotyping of those with that
ethnic origin." As a result the travellers had £24000 in damages awarded to them.
What protects people from journalists invading their privacy?
editors code of practice- PowerPoint
The editors code of practice includes a section on privacy law. Here it explains how everyone
is entitled to respect of their private life etc.
In the NUJ's code of conduct it states that journalists shouldn’t 'intrude into anybody's private
life, grief or distress unless justified by overriding consideration of the public interest’
However peoples privacy is still able to be disrupted so long as the journalist can prove that it
was done in the publics interest.
In English law there is no direct right to privacy however there are a number of rights which
do relate to this area such as the Privacy and the Human Rights Act 1998 and The Data
Protection Act 1998
Find a privacy case and explain who was involved, what happened and what the outcome
was.
The IPSO had to deal with another breach of the editors code of practice following a
complaint regarding a publication by the Derby Telegraph on the 20th November 2014
with the headline “Girl Involved in incident outside Derbyshire secondary school” the
girls mother made a complaint to the IPSO claiming that the article had breached the
codes privacy clause (clause 5) the complaint was made because the picture
accompanying the article depicted the injured girl with a pixilated face (as the paper
was unable to contact the family) and another girl tending to her which turned out to

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be her sister who was identifiable from the image as the paper was unaware of her
relationship to the victim. The mother complained to the IPSO that the use of the
photograph had added to the family’s distress, and that the incident was a private
matter, therefore meaning that the photograph should not have been published
without her consent. After investigation the IPSO deemed the article a breach of the
code, the newspaper was contacted and the image was remove from their online
article immediately and the paper offered to take down the full article and wrote a
written apology to the family.
What areas does the Copyright and Intellectual Property lawcover?
The copyright and intellectual property law covers 4 common areas these are- Patents
Trademarks
Designs
Copyright
These areas are in order to protect peoples discoveries inventions designs literature and other
artistic works. The type of protection which you need depends on what you have created.
Copyright designs and patents act 1988 are the most relevant to the print industry.
Why is copyright important to the creative media sector?
Copyright is important to the media sector as it prevents a persons intellectual property being
stolen. This is beneficial for the individual as others are unable to make a profit from their
product or idea. It is also good for the industry as it forces diversity and further development of
products. As people/ companies cant just use someone else's ideas. However some companies
take the copyright law too far and end up in a continuous battel with one another for example
apple and Microsoft who are continuously accusing each other of breaching their copyright for
example Apple have accused Microsoft of copying the home button from the IPhone,Which is
a basic component of the phone which seems slightly over the top to be claiming a breach of
copyright over.
What is libel? What must you be able to prove to win a libel case?
Libel is written or printed words of pictures that involve something damaging or untrue about
an individual.
To prove that you have been libelled you must go to court to show the statement and prove that
it is untrue, you must also prove that it has damaged your representation to others and that the
individual who did it had damaging intent.
Find an example (not the one you were given in the lecture)ofa libel case.
An example of a libel case is the 2006 case where Keith Smith claimed that William's
comment which appeared on a yahoo message board calling him a sexual offender, 'racist
bigot' and a 'Nazi' ruined his public representation and was done so with intent. In this case
Keith Smith was found successfulmeaning that Williams had to pay out £10000 plus costs.
Online cases like this are becoming increasingly common as social media increases in
popularity.