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Understand the ethical and legal constraints with in the media sector
1.
In order to get the job you are required to understand the following within the media sector your have
chosen. During the interview you will be asked to hand over a written document containing information on
the following aspects of your area.
In January 2010 a new Video Recording Act came into force (original was
created in 1984). The VRA act was created so that videos have to be (by law)
rated within the categories of U,PG,12A,12,15,18, cut or banned/not allowed to
be viewed. It also made distribution of unrated films illegal and watching a
film over your age rating illegal. The only time a film does not need to be rated
is if it is designed to inform, educate or instructive or are concerned with sport,
religion or music. Qualifying elements that go into age ratings are: strong
language, activities involving or implying drug usage and violence. If you want
a full list you can see it in the picture below.
Copyright gives the creator some type of media rights to control how their
work is used and/or distributed. The things that can be copyrighted are music,
books, videos and software.
When you buy something that is copyrighted, copyright law forbids that you:
The law that governs copyright in the UK is called Copyright, Deigns and
Patents Act 1988.
Source:
http://www.bbc.co.uk/schools/gcsebitesize/ict/legal/2copyrightrev1.shtml
Who does it protect?
Copyright protects original works of things such as music, videos, books,
artistic works, movies and many other things. It protects everyone with
original work small or big.
What happens if it is broken?
If you use someones copyrighted work, you can receive an email or letter form
the creator to remove their content from your website, if it is on YouTube they
can take your ad revenue for the video with their content on it. Another thing
that could happen is that your video, website etc could be taken down. You
could also face penalties of more than 100,000 for each infringed work.
Furthermore you could go to jail, the punishment really depends on what type
of infringement it is.
Find examples of when it has been broken and outcome
One example was when Russian films from the Soviet were being sold on
iTunes when the original creators did not give Apply permission to do so. The
result was that iTunes took down the videos.
Another example was when a pub landlord showed a Premier League game to
everyone in the pub using a foreign satellite card authorised only for private
use. The outcome was that he had to pay 65,000 in legal costs.
Another example was when Google published links to a Belgium newspaper
without permission. The outcome was that Google was fined 25,000 for
breaking Belgian copyright law for every day since an initial ruling in
September. This equalled to a total fine amount of 3.45 million.
What is the Films Act?
Representation of gender
Source:
http://www.theguardian.com/film/2015/sep/27/sexismfilm-industry-stories
2.
Explain what the following bodies do and why they are important (choose the ones related to your
media sector only)
Do not just cut and paste their about us page please read it and put it into your own words.
Add links to their pages
Distinction grade learners will find cases
3.
Then discuss the issues that these regulatory bodies may face with regard to
Consumer choice
Freedom of information
Censorship
that the majority of the people would like and teach something that people want to learn.
Furthermore they need to have diversity in their workshops so that lots of different types of people
can attend and learn something that they are interested in. A positive to the BAFTA listening to
consumer choice is that in their events they can get more people involved. However a
disadvantage to this is that in things such as their award events their choice for who wins may be
influenced by who the audience wants to win rather than who should actually win at a technical
stand point. In conclusion I believe that consumer choice is something that the BAFTA should take
into account however I do not think that they should only use this to structure their events such as
the award ceremony. An example of consumer is the BAFTA kids vote were people are allowed to
vote for the BAFTA kids vote.
The issues that the FDA may face with regard to consumer choice are as follows. The FDA when deciding what films
should be shown or banned they need to keep in mind how the majority of people in the UK will react to the film. The
FDA need to keep in mind if a film will offend people and to do this they need to now the different consumer choice in
the UK and how different people will react. They also have to keep in mind that they should distribute a verity of films
across the UK so that consumer choice is available for the public. When distributing film across the UK they need to
give a choice to what people can watch in their area, this means that they should not allow some films in some areas
and allowed in other areas as consumer choice needs to be available all around the UK. Furthermore when banning a
film they need to make sure that they are not limiting the consumer choice of people in the UK. This means that
sometimes instead of banning every movie that isnt suitable for public viewing they could get them edited and then
released just so that the public have a wider verity of choice. The positives of consumer choice in the FDA is that it
means that there would be a greater verity of films available around the UK. However the down side to this is that they
may not ban a lot of films that should be banned due to the fact that they want consumer choice. This could mean that
a lot of films that should be banned would be available for public viewing. In conclusion I believe that the FDA should
consider consumer choice when deciding what films to distribute, however it should not influence their decision to ban
a film dramatically. I have been unable to find an exact example of consumer choice in the FDA.
The issues that the BBFC may face with regard to consumer choice are as follows. The BBFC when deciding what the
age rating of a film should be need to also keep into account consumer choice. This means that there should be a
verity of films to choose from for all ages. The BBFC need to make sure that enough films are available to the different
age brackets, this means that they need to rate enough films as PG or U so that young ages have choice in movie. This
is the same for all age ranges, no age group should be segregated and all should have a verity of movies available to
them. If the BBFC was to release too many movies 18+ at one time the film market would not have any films for
younger audiences to watch and therefore they would have a very limited consumer choice. This is why the BBFC when
rating films also need to decide when they should be released accordingly. An advantage to the BBFC having
consumer choice is that it means people of all ages will have a verity of films to watch at all times. However a
disadvantage is that consumer choice may result in the BBFC under rating a film so that a younger audience can have
a verity of films to watch. This means that some films that should be for older ages will be available to younger ones. In
conclusion I believe that consumer choice is important for the BBFC however it should not heavily influence the age
rating process rather when films are released. An example of consumer choice in the BBFC is that they have an email
available for people to comment on their decisions and express their views.
The issues that the BAFTA may face with regard to Freedom of Information are as follows. The BAFTA need to allow
people the information on how they choose the winners for their Award Ceremonies. This is because people need to be
able to know the criteria for winning an award. People will be able to know what they need to do to win an award and
also for those just watching the awards whether or not the award given out should have went to the person that it did.
This level of transparency allows people to have more trust in the BAFTA as they can then understand the process
behind the award giving. Having freedom of information also allows people to judge any decisions that the BAFTA make
as they can understand the BAFTA better. Therefore allowing people Freedom of Information also means that people
will know if the BAFTA have made a mistake or done something wrong. The up side to this is that it means that the
public can actually help and highlight problems with the BAFTA and the actions they have taken. However it is also bad
due to the fact that because people know how it works there is no room for errors and if one is made people will most
likely know and therefore the reputation of the BAFTA is easily hurt. Freedom of Information also allows people in the
film industry to aim for awards and also know why they didnt win an award. This means that people will understand
why they didnt get an award and therefore be less likely to complain or thing of it as unfair. In conclusion I believe that
freedom of information is mostly positive for the BAFTA as it results in less upset and gives a good image to the public.
An example of freedom of speech in the BAFTAs is when Steven Fry the host of the BAFTAs swore and the BAFTA
broadcasted it. People were upset that the BAFTAs broadcasted the swearing however the BBC protected them saying
its Freedom of Speech.
The issues that the FDA may face with regard to Freedom of Information are as follows. Freedom of Information would
allow creators of films to see what the boundaries are for getting banned are. This therefore would allow film makers to
work within the lines or understand why they were banned if crossed. Overall this information would help film makers
not get their films banned and act as a content guide. Furthermore as it would allow film makers to know why they
were banned, there would most likely be less upset and would allow people to learn from their mistakes. Therefore
making it less likely to happen again. Freedom of Information however also means that people can argue their case
when banned as they understand what results in the ban. This can be good and bad, good because it means people
can protect themselves from unfair bans. However it can also be negative because it means that people may be able to
get out of a ban when the film should be banned. Freedom of Information for the FDA would also
mean that the film industry could better understand the distribution of film in the UK and therefore
be able to work out an average of how many people will see it and how much money will be made.
This would make planning a films budget and other such things a lot easier. With information of
distribution in the UK film producers could also see how well their film did in the UK and at what
areas it did best and worst. This overall allows the film producers to better understand the UK film
distribution and therefore plan the marketing of a film easier. In conclusion I believe that Freedom
of Information is positive for the FDA as it allows the film industry to better understand the banning
rules and distribution. Making it less likely for a film to be banned and for it to be easier to market a
film in the UK. An example of freedom of information in the FDA is in their website where they show what they do, how
they do and a lot of other information about how they work as a company.
The issues that the BBFC may face with regard to Freedom of Information are as follows. Freedom of Information would
allow creators of films to know what is need to achieve certain age ratings. This is important as it allows film creators to
know what they can and cannot do if they wish to e.g. reach a small audience. It makes it easier for film creators to
target their film to a certain age group. It also lets film creators understand why they got the rating they did and
therefore learn what they would need to do if they wanted to change it (lower or higher). Freedom of Information for
the BBFC would also allow people to challenge ratings. This means that with the information on how ratings work, the
public can see if a film has been wrongly rated and therefore could get it changed. This is good as it would stop films
being seen by people too young. A negative to Freedom of Information is that often when rating a film it is down to an
opinion on what rating it is put under. This means that many people may have a different opinion on what the rating
should be and therefore it would be very difficult for the BBFC to come up with an age rating that everyone can agree
on. In conclusion I believe that Freedom of Information is mostly positive for the BBFC as it allows wrongly rated films to
be corrected and allows film makers to know what they can and cannot do if they wish to get a certain age rating. An
example of freedom of information with the BBFC can be seen on their websites where they show how a classification
of a film is decided and also offers a lot of case studies of classifications in the past.
The issues that the BAFTA may face with regard to censorship are as follows. If the BAFTA refused to allow an award to
go to a film that was deemed e.g. controversial due to it be offensive, it could be seen as censorship which could have
a negative feedback from the public. However if they did give an award to this film then others may be annoyed that
they are promoting an offensive film. It could also be argued that censorship is necessary for events such as the
BAFTARS for things such as language. An example of this was when Steven Fry swore at the BAFTARS and many people
complained that it should have been censored. This could also lead to the award events being only available to an
older audience and therefore the BAFTA could lose much of its popularity. Furthermore if the BAFTA refused to teach a
certain film technic in their workshops or other such learning events. This could also be seen as censorship and may
lead to people being angry as they are not being given a chance to learn something that they may be interested in.
This could lead to the BAFTA loosing support from some members of the public and as it is a charity is a problem.
However if the BAFTA did facilitate the learning of a certain subject that some people believed should be censored,
then it would show the BAFTA in a negative light and would limit their audience. In conclusion I believe that there are
both negatives and positives to censorship in the BAFTA and that it should be carefully picked what is censored what is
not.
The issues that the FDA may face with regard to censorship are as follows. It may be seen as censorship if the FDA do
not distribute a film to the UK due to its content. This may cause people to be angry as they may think that it should
not be up to a company to decide on what they can and cant watch. Furthermore if the FDA only distributes a film to
parts of the UK people may be angry that they were targeted to be censored and could lead to a negative view on the
FDA. However censorship does not just affect the audience but also the creator of the film. If the FDA decided to not
distribute a film in the UK the creator would most likely be angry and could lead to the film not making a profit.
However in many cases people may be glad of the censorship as they do not want to watch certain things. Many
people are happy that there is censorship set in place by the FDA as it can mean that they may feel safer watching
movies as they know if it was something really bad it would be censored. Without censorship people may not feel
comfortable watching films they havent heard of or allowing their children to watch films in general. In conclusion I
believe that censorship is good as it ads security to the those watching
Films however I believe that it can also be very difficult to decide on what should be censored and what should not
because everyone has a different opinion on what is ok to see and what is not. Therefore I think censorship should be a
thing in the FDA however it should be judged by a large amount of people to get a verity of opinions.
The issues that the BBFC may face with regard to censorship are as follows. When the BBFC age rate a film for 18+
people may complain that people under the age of 18 should be able to view the film as well and that it should not be
up to the BBFC to decide what different age group can and cannot see. However people often look at the age ratings as
guide lines to what they should watch or what their children should watch. Many people are happy with this level of
censorship as it means they know what they are their kids can and cant watch. The age rating allows someone to
know if it is suitable to be viewed by them or their family. It also gives you an idea on what the movie will be like e.g.
gory, drug related, sex related and so on. In conclusion I believe that age rating censorship is important as it allows
people to know what is suitable for them to watch or for their families to watch and the age rating acts as a good guide
line. It also stops you from accidently exposing your children to something they shouldnt see e.g. gore as these things
can seriously effect young people.
The issues that the BAFTA may face with regard to taste and decency are as follows. Taste and Decency in the BAFTA is
very important especially in their Award shows. When broadcasting their award show live they need to make sure that
the content has taste and decency. This would mean people are not allowed to swear as that is against good taste
according to Ofcom. This also means there should be no bad taste in humour (according to Ofcom) as it could offend
and be against good taste. The reason why the BAFTA want to keep into account good taste and decency is because if
they do not it can give a negative image on the BAFTA as a whole. This would have a negative impact on the BAFTA
because it would lead to possibly less people attending their learning events and also may lead to big names in the film
industry not going to their award ceremonies as they would not want to be associated with something negative.
Furthermore not following taste and decency could limit their audience as their content could be deemed inappropriate.
However to follow taste and decency can be very difficult as everyone will have a slightly different
or very different opinion on what is considered good or bad taste. This means that to follow it you
have to be super sensitive with the content that you produce or the events you creates. This means
that following taste and decency can limit what you can do as a company significantly. In conclusion
I believe that following taste and decency would have a positive impact on the BAFTA as if they do
not they could damage their reputation for both the public and the people in the film industry.
Although it does limit the content that you can produce it is a small price to pay.
The issues that the FDA may face with regard to taste and decency are as follows. Taste and
Decency in the FDA is important because they need to be careful what they distribute to the rest of the UK. If the FDA
distribute a film that could be considered too offensive or too gory it could damage their image. It could result in people
loosing trust with the FDA and therefore maybe be less likely to watch a film in the cinema in the UK. The FDA need to
keep in account that different people will have different opinions on what is good and bad taste .Therefore it is very
difficult for the FDA to decide what should and should not be distributed in the UK. That is why websites such as Ofcom
offer information on what is considered bad taste at a legal level. This is why it is important for the FDA to stick to good
taste and decency as they could get in trouble with companies such as Ofcom. Taste and Decency is something that
the FDA always needs to think about as they are responsible for distribution of film around the UK. However the
negative of this is that it does limit the films that they can distribute therefore limiting the choice for the public of the
UK. In conclusion I believe that the FDA should have taste and decency as they decide what films are shown in the UK
and therefore there is a lot of trust from the consumer from them not to show anything that should not be seen/bad
taste.
The issues that the BBFC may face with regard to taste and decency are as follows. Taste and Decency is something
that the BBFC has to keep in mind when deciding what rating they should give a film. They need to decide whether it is
appropriate for younger ages. This is very important as if they get a rating wrong it can cause outrage in the public. An
example of this is when The Woman in Black was released as a 12A. This was considered by the public as far too low
and the rating was changed to a 15 in cinema. This sort of mistake leads to distrust something that cannot be
associated with the BBFC. The BBFC also need to keep taste and decency in mind when deciding whether a film should
be banned or not. If they did not care about taste and decency then movies such as Human Centipede 2 would be
able to watch in the UK. This would most likely cause people to be upset as the film could be considered bad taste and
in decent. However it could be argued that it should not be up to the BBFC to decide what the public can and cannot
watch. It could be argued that it should not be up to the BBFC to worry about taste and decency but rather you as an
individual. In conclusion I believe that for the age rating process it is important that taste and decency is taken into
account as age ratings are something people use as a guide to what is suitable for them and the people they are
watching it with. However I believe that they should not decide what should be banned due to taste and decency. It
should be up to people what is bad taste and indecent as each opinion will be different.