REGULATORY AND PROFESSIONAL BODIES WITHIN THE CREATIVE MEDIA SECTOR

BY DANIEL HOPKINS

Task 3 Understand the Regulation of the Media Sector

BRITISH BOARD OF FILM CLASSIFICATION (BBFC)

The BBFC (British Board of film classification), regulates films and videos within Britain. In order to protect children from unsuitable and harmful content in films and videos and to give consumers information they might need about a particular film or video before deciding whether or not to view it, the BBFC examines and age rates films and videos before they are released. This independent evaluation prior to release ensures the highest possible level of protection and empowerment. This is to protect children from being exposed to violent things within movies, including issues such as discrimination, drugs, horror, dangerous and easily imitable behaviour, language, nudity, sex, and violence. A graphic film may be based on true events or feature educational and religious events. This may help decide whether or not to change it.

A member of the bbfc will award a film or video with a rating, once it has passed the regulatory bodies strict criteria. The bbfc does not only protect children and if a film is deemed to be particularly offensive it will be awarded an 18 rating, possibly along with the body releasing a statement. The adverts for the film or things such as posters may also be required to issue warning to the specific area in which they offend. The BBFC also issues ratings to DVD’s, with the rating for a film in a cinema and a film on home release possibly differing. This is because an adult buying a dvd may have less discretion and think a 12 rating for a film isn’t bad for a young child. So, the bbfc may increase a 12 film in a cinema to a 15 film on DVD. The bbfc regularly asks the general public what they think of their ratings system, with the answers then possibly deciding whether they may ease or tighten the ratings system. A example of a recent rating introduction is 12a. This allows children under 12 to view a 12 rated film, if they are in the company of an adult.

PEGI

The Pan-European Game Information (PEGI) age rating system was established to help parents throughout Europe to make informed decisions on buying computer games. It was launched in spring 2003 and replaced a number of national age rating systems with a single system now used in 30 European countries.

The PEGI labels appear on front and back of the packaging indicating one of the following age levels: 3, 7, 12, 16 and 18. They provide a reliable indication of the suitability of the game content in terms of protection of minors. Ratings such as the ones to the right specify exactly what offensive things feature in the game. The age rating does not take into account the difficulty level or skills required to play a game.Most games when advertised in Europe will feature a PEGI rating before being advertised. This may allow some parents to decide whether or not to allow their children to view the advert. There are three committees within PEGI, a criteria committee, a legal committee and an enforcement committee. The game will firstly be assessed by a board, who will see gameplay and documents from the publishers on the video game detailing what is in it. It will then be checked if some parts of a game are legal or not and if they should be removed to allow a preferred rating. The rating will then be enforced by PEGI, who will make sure the games are published with their selected rating.

FILM DISTRIBUTORS ASSOCIATION

The Film Distributors Association (FDA) is the trade body for theatrical film distributors in the UK – the companies that release films for UK cinema audiences.

Originally established in London, the FDA liaises and works with many individuals, companies and organisations. FDA's Council, or board, comprising a senior representative of each member company, normally meets six times a year and considers only matters of generic interest to film distributors. The FDA provides a voice for UK-based film distributors and is a huge supporter of the UK film industry, encouraging young film makers. They represent and consult with the UK Film Council, the government and other trade organisations.

The Film Distributors’ Association (FDA) is effectively a trade association for the promotion of the sector and delivering services on behalf of its members. Whilst it is not directly involved in film distribution, its 25 member companies accounted for around 97 per cent of cinema-going in the UK. FDA is represented on a number of key film industry bodies, including: The All Industry Marketing for Cinema (AIM), The Cinema Marketing Agency, The Federation against Copyright Theft (FACT), The British Screen Advisory Council (BSAC) and The Advertising Viewing Committee.

VIDEO STANDARDS COUNCIL (VSC)

The VSC is a non-profit making company established in 1989 in response to Government concerns about the video industry. The council upholds and manages conduct in all forms of distribution within films on home release.

It was established as a Code of Practice designed to promote high standards within the video industry and to ensure that videos and DVDs that are provided to the public are done so in a responsible manner. In July 1993 the Code of Practice was extended to promote high standards within the video games industry. The VSC supports the anti-piracy activities of the Federation Against Copyright Theft (FACT) and The UK Association for Interactive Entertainment (UKIE).VSC is the statutory body of PEGI, which is a regulatory body mentioned in a previous slide.

The VSC has established Staff Training Guidelines for retailers and others responsible for supplying videos, DVDs and video games to the public. The Guidelines have been approved by the trading standards authorities and place an emphasis on responsible trading and the duty to not supply products that have an age rating to anyone under that specified age. It also involves observing all ethical and moral conduct within the world of videos and DVD’s, ensuring that no inappropriate content is published for consumption.

OFFICE FOR COMMUNICATION (OFCOM)

Ofcom is the communications regulator in the UK. They regulate the TV and radio sectors, telecoms, mobiles, postal services and the airwaves over which wireless devices operate. They ensure that UK residents get the best from their communication services and are protected from inappropriate things within the industry such as scams and malicious practice. The organization works on behalf of the government and works under a number of acts of parliament, namely the Communications Act 2003. The main aim of the company is to promote and further the interest of UK citizens and consumers.

Ofcom licenses all commercial television and radio services in the UK. Broadcasters must comply by the terms of their license or risk having it revoked. It also commonly publishes updated criteria for the Broadcasting code. These are an extensive set of rules that all content that is to be broadcast on commercial radio and television must follow. If people believe that offensive material has been broadcast on any of those platforms, they can complain to Ofcom. After receiving a complaint, Ofcom will ask for a copy of the programme from the broadcaster and will extensively review it to see if it has breached its broadcasting code.

Ofcom is responsible for the rules for product placement, regulating what can and can't be shown on TV. Ofcom's broadcasting code contains rules about what type of products can be placed in programmes, where it is allowed and how the placed products can be featured. Programmes that cannot use product placement. These include news, childrens, religious, current affairs and consumer advice programmes made for UK TV audiences.

TRADING STANDARDS INSTITUTE

The Trading Standards Institute represents trading standard professionals in the UK and overseas, working in local authorities, business and consumer sectors and in the central government .Trading standards professionals enforce consumer related legislation which is vast and constantly evolving and changing. The TSI influences much of that evolution through the work of our lead officers, trading standards professionals specialising in different areas of responsibility.

TSI and their lead officers influence by:

• Working with the Government and stakeholders,• Responding to consultations with their expertise and front line knowledge,• Campaigning on issues raised on behalf of consumers and business.

They ensure there are no scams in the market and that everything done is within the law as well as being ethical and in the interests of the consumer or people involved in the trading.

PRESS COMPLAINTSCOMMISSION (PCC)

The Press Complaints Commission (PCC) is a voluntary regulatory body for British printed newspapers and magazines, consisting of representatives of the major publishers. The PCC is funded by the annual levy it charges newspapers and magazines. It has no legal powers – all newspapers and magazines voluntarily contribute to the costs of, and adhere to the rulings of, the Commission, making the industry self-regulating.

The PCC is an independent body, which administers the system of self-regulation for the press. It does so primarily by dealing with complaints, which are often about breaches of certain codes and laws. It also regulates the conduct of journalists and newspapers to see if the things they are doing are within the confines of the law, as well as being ethically right and non-offensive.

It can also assist individuals by representing their interests to editors, while also defending the press at the same time, entitling them to the expression of free speech. It make sure that there is no press discrimination such as in the form of sexism, racism and contains no particularly offensive material that could be harmful to vulnerable people (children, people with learning difficulties etc.)

ADVERTISING STANDARDS AUTHORITY(ASA).

The advertising standards authority (ASA) is the self-regulatory body of the advertising industry in the United Kingdom. They apply the Advertising Codes, which are written by the Committees of Advertising Practice and are a strict criteria an advert must meet if it is to be broadcast. Their work also includes acting on complaints and proactively checking the media to take action against misleading, harmful or offensive advertisements. ASA also aim to ensure that all advertising in all types of media (TV, radio, pre-theatrical, print, online) are all legal, decent, honest and truthful, to the benefit of the consumers, business and society.

ASA plans to make regulating online ads more successful, and being an effective part of the response to issues affected by advertising. They also want to make sure that in the future they wont have to stop adverts once already in the media but, before they have been published. This is their emphasis on ‘prevention rather than cure’. They also strive to be ‘more in tune’ with people by understanding their concerns and needs relating to the advertising industry.

ASA can refer complaints to Ofcom, as ultimately the responsibility for adverts for channels lie with the broadcasters. For example, following more than 1,000 complaints to the ASA about the shopping channel Auction World.tv, ASA referred the matter to Ofcom, which found the company in breach of its licence and fined it. Auction World.tv ended up in administration and went out of business.

THE KINGS SPEECH

This film caused a relatively small amount of controversy as one of its scenes features Lionel Logue urges The King to utter profanities and the scene is prolonged with him (Colin Firth) using many swear words. This resulted in a classification of ‘15’ from the BBFC. This resulted in a lot of controversy as many people believed that the rating was too harshly administered, claiming that it was in a certain non-offensive context. The director responded by saying films that featured graphic torture scenes such as ‘Salt’ and ‘Casino Royale’ only received a ‘12’ rating. This prompted the BBFC to change the rating to a ‘12A’ which means children and young teenagers can watch the film if accompanied by an adult.

CENTER PARCS ADVERT BAN

A ‘Center Parcs’ advert was banned for being misleading and encouraging people to take advantage off an offer take their children on holiday during term time. Many people want to take children on holiday out of term time as it is much cheaper and therefore more affordable. However, it can result in a fine as parents in England and Wales have a legal responsibility to ensure their child attends school, unless they have opted to home educate them.

A Centre Parcs spokesman denied the advert encouraged parents to take children out of school but said they would take on board the ASA's comments and continue to work within their guidelines.

REFERENCES

http://www.launchingfilms.com/

http://www.asa.org.uk/About-ASA/Our-mission.aspx

http://www.travelweekly.co.uk/articles/2014/04/23/47733/asa+bans+irresponsible+center+parcs+ad.html

http://www.bbfc.co.uk/

http://www.videostandards.org.uk/VSC/origins.html

Most of the information I gained was from the organization’s and company websites, under tabs such as ‘About Us’ and ‘History’.