BTEC Extended Diploma in Creative Media Production

Unit 7: Understanding the CreativeMedia Sector

Learning outcome 2:

Understand ethical and legal constraints within the media sector

Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

BTEC Extended Diploma in Creative Media Production

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?

This is a way to show how people or places are shown. It is not a real place or a real person it's just a version of them. The positive is leaving anything bad out of it and replacing it with everything good about it. The negative of this is that they would do the opposite and put everything positive out of it and put everything bad in its place. For example if they were creating a film, play or a article.

What sort of things can influence the representations that we see?

 The things that influence the representation that we see are the place that is shown for example if they show a bad place with bad people hen it represents a bad place and people. However if they show a good place for example London and with good people then its representing good place and good people.

Find an example of representation and explain what you are seeing:

An example is a busy, happy place, rich, no crime, clean the place is Monaco. This would be a positive because it is getting read of all the negative points. It is representing the rich and the happy life with great language in which hardly any arguments, swearing etc.

How many categories of word do Ofcom have? Explain each one.

Ofcon has 3 categories which are category A not before 9pm which is the Watershed this means having editorial restrictions, Category B generally not before 9pm but they will only have expectations and Category B pre 9pm but the restrictions still apply to them.

Why does Ofcom have this list of words? Do you think there should be restrictions on when certain words can be used?

BTEC Extended Diploma in Creative Media Production

The reason why Ofcon has these words is to let more viewers to be able to view the program but also not give them a bad influence. They would use them to please viewers if someone doesn't like what they hear/sea or if someone does like what they hear/sea. They also have these words because they can get a wide range of audience to view their program because audience prefer different things and are not all the same so the audience get a verity.

Why does the NUJ produce language guidelines?

They provide NUJ language guidelines for all kind of news reporting. This helps journalists to have the best practice when having a discussion about a wide range of different issues.

Should we protect groups of people by putting in place guidelines on how we talk about them?

Yes because if we didn't put guidelines in then the reporters would say anything about them in which they would respond aggressively if they didn't want to like what they said,. Because they haven't put any guidelines for the reporters. They would be upset, angry, annoyed, upset and no one would care because the publishers would be allowed to write about what they want and how they want. However this would make people hate journalists and the newspaper so t hey wouldn't buy them so they would lose profit and income In which they need to publish and write the articles. They would also get a bad reputation in what they do. However a good point of this would be that they wouldn't have any rules on what they can't or can write/publish to the public. We should protect the groups of people because otherwise other people would feel uneasy about them and do exactly what the papers are doing to them.

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 ways in which broadcaster make it easier for people with a disability is subtitling which is when words appear on the screen as well as the image, signed is when a person who knows signs language appears on the screen and acts what they are saying with their hands, audio description is when a sound track plays what is happening on the screen this will help people with visual impairments.

Who ensures that broadcasters are making their programmes accessible? What are the consequences for broadcasters if they do not meet their accessibility requirements?The regulators who deal with the network make sure that they are making the program accessible to the viewers. All of the networks have an accessibility statement to ensure that their programs can be viewed by a number of audiences. They must apply to the standards.

Why do we have codes of practice?

BTEC Extended Diploma in Creative Media Production

The reason that usually a big media organizations have these codes of practice is that they will know what to work towards. They are also guidelines a way a product should be producing and usually the content of that product as well. It includes harm, offence and religion. They can hold this in a case if a media organisation that applies to these rules have broken them themselves.

Use one code of practice and investigate it in detail:

The cod of practice is for journalists on how to act on events, publishinhttp://www.bbc.co.uk/editorialguidelines/guidelines/g and reporting. An example of this act would be religion this was given in the Racial Religious hatred law in 2006. The BBC have to try and project the venerable and not to cause any harm to them. They also do not write anything threatening, or say anything threatening and display anything threatening.The Metro got a complaint from J MCkillop and they reported that there was a error in accuracy in the headline of an article about the Ebola Virus. They said that there had been no confirmed outbreak in the UK. It was resolved after the PCC negotiated the amendment with the newspaper article.

A quote from this code of practice is "The religious views and beliefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment".http://www.bbc.co.uk/editorialguidelines/page/guidelines-religion-introduction/

What is the Broadcasting Act and what did it do?

The broadcasting Act is when they changed the ownership and how many media outlets are in the UK. it tried to get different people to own different types of media. it also restricted that national newspapers to hold no more than 20% of a television company. It also applies to national radio stations, commercial TV and satellite TV.

What is the Official Secrets Act?

This act is when it protects states secrets and national security so it doesn't go out to the public and doesn't cause any unwanted interruption. They usually sign the act before and after their employment. It has been used before to force journalists to show their sources..

Find an example of when it has been used and explain why it was used and what the outcome was.

BTEC Extended Diploma in Creative Media Production

 A case involving this act is when a" Counter-Terrorism Officer charged with breaching the officials secrets act". She had been accused of leaking out information about the News Of the World of progress about the Scotland Yard's phone hacking. She was charged. She was also arrested by her own work team. Her room was searches for any evidence of the case.

Should we have an Official Secrets Act?

Yes I think we should have this act because otherwise people would be able to get hold of any information and use it in any way of form. However I also say no because journalists shouldn't be forced to show their sources if they don't want to.

What is the Obscene Publications 1959 and what is its definition of obscenity?

A piece of work taken as a whole must be deprave and corrupt. Its related to music which includes music lyrics and the album cover. Also films but it was originally used for literature.

Give an example of a recent case involving the act (1990 onwards). What happened, who was involved and what was the outcome?

 R V Walker was the prosecution of an English civil servant named Darryn Walker, of publications of written material on the internet under the section 2 of the act. He wanted to sue the act to precedent persuade the use of web fiction. It was questioned because it was a real persons fiction. He was not guilty of publishing a Obscene article.

What is the Video Recordings Act? Why was the Video Recordings Act introduced?

BTEC Extended Diploma in Creative Media Production

It is was brought in because it needed to watch the home growing video market. You have to have DVD'S and Blue-rays which is the classification before they can be sold. The system that was in place was not being carried out in small production companies.

What were some of the films that were prosecuted by the Director of Public Prosecution?

Some films that were prosecuted by the director of public prosecution were Blood Bath, Axe and the Faces Of Death.

What is the equality act?

The equality act is when no one is discriminated against anything and this applies to everyone. It could affect if you are bullied at work/school, parent at work, old or young and being disabled.

What are the 9 protected characteristics?

 They are age, gender, race, religion and belief, sex, disability, marriage and pregnancy .

Can you find an example of a case involving the equality act? What happened and what was the outcome?

After a fight in the playground between a white and Asian pupil. The school limits the time the Asian boy can spend during the playground but doesn't effect the white pupil.

What protects people from journalists invading their privacy?

BTEC Extended Diploma in Creative Media Production

 The NUJ protects them in their code of conduct. Which says that journalists cannot enter anybodies private life, grief or distress. They can only do this if they are given permission to. Or they can disrupt the private life if they intend to do it by the publican interest but they must prove that they are doing it in this way.

http://en.wikipedia.org/wiki/R_v_Walker#Outcome

Find a privacy case and explain who was involved, what happened and what the outcome was.

This case was used by when a premier footballer didn't want teh4 Sunday sport publishing him about his affair. The Judge carried out temporarily injunction.

http://en.wikipedia.org/wiki/A_v_B_plc

What areas does the Copyright and Intellectual Property law cover?

 It covers literary, drama, musical and artistic works that right to control the way their work is being used. they also cover patents, trademarks, designs and copyright. Depending on the content you have created will determine on what law you will need. For example if you created a artistic work you would need the designs act and maybe the copyright act.

Why is copyright important to the creative media sector?

A case involving copyright is when photographer Art Rogers took a shot of holding a couple of puppies in a line and used it for greeting cards and similar products. However the image he created was already sued by another artist called Koons and he resonated and said that it "fair use of parody. So it is important to have this law in the media sector so that other people cannot make money out of what you have created and so that they will not be successful than you because they have copied your work.

What is libel? What must you be able to prove to win a libel case?

 Libel is when someone writes, prints words or pictures that can be damaging. Libel is when you write something to intend to damage someone's reputation with some sources that isn't true. To prove that you have been libel you must show the sources that states something untrue or damaging about you in which the journalist hasn't properly researched it.

Find an example (not the one you were given in the lecture) of a libel case.

BTEC Extended Diploma in Creative Media Production

Afghan Refugee wins 'Taliban' libel case. The afghan refugee was accused by the newspaper of being a member of the Taliban. He had a four year battle with the Home Of Office. But then the Daily Express described him as 'suspected Taliban member' which the High Court was informed. The newspaper had agreed to pay him damages and to pay his costs.