REGULATORY AND PROFESSIONAL BODIES WITHIN THE CREATIVE MEDIA SECTOR

Task 3 Understand the Regulation of the Media Sector

Louise Maher

British Board of Film Classification (BBFC)The BBFC works as an independent, self financing, non for profit media content regulator with the responsibility for the national classification and censorship which involves classifying videos, DVD’s and some video games under the Video Recording Act 2010, protecting the public from content which may cause harm or risk. When classifying films there are a number of issues considered such as discrimination, horror, language, nudity, sex and drugs as well as taking into consideration the context and the impact the piece of work will have on the audience, with their decisions being based on the BBFC’s published and regularly updated guidelines which detail what Is acceptable at each age category from U to R18.

In order to ensure that the BBFC’s classification standard are in line with what the public expects, the BBFC conducts a major public consultation to find out what the public think and what they think is acceptable for each range, therefore any changes in the publics attitude is taken into consideration and will result in the BBFC’S adjusting their criteria and standards

Pan European Gaming Information (PEGI)PEGI is an age rating system which was set up in 2003, replacing a number of national age rating systems and was established to help ensure that consumers make informed decisions when purchasing a computer game. To do this PEGI ensure that games clearly labelled by age depending on the content of a particular game therefore confirming that the game is suitable for a players over a specific age. This particular system is supported by the major console manufacturers, including Sony and Microsoft.

Film Distributors AssociationThe film distributors association is a trade body for UK film distributors. Established in London 1915 and works with many individuals, organizations and companies.

Video Standards Council (VSC)Due to government concerns regarding the video industry the video standards council was established in 1989. A code of practice was designed in order to promote high standards within the video industry, therefore ensuring that videos and DVD’s are presented to the audience in a responsible manner. In 1993 these high standards were also extended to video games.

Office for Communication (Ofcom)◦OFCOM is a government approved communications regulator

which regulates the TV and Radio, sectors, fixed line telecoms, mobiles, postal service and wireless device airwaves. OFCOM oversees the working of broadcasters and telecoms providers, ensuring that people in the UK get the best from their communications and operates under the Communications Act 2003 which is a detailed act of parliament spelling out exactly what OFCOM should do.

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◦OFCOM's main legal duties are to ensure that:◦ - "A range of high quality television and radio programmes are

provided, appealing to arange of tastes and interests"

◦ - "People are protected from being treated unfairly in television and radio programmes and from having their privacy invaded

◦ -"People who watch TV or listen to the radio are protected from harmful or offensive material"

Press Complaints Commission (PCC)The press complaints commission is an independent body which administrates the system of self regulation for the press, by dealing with complaints, framed within the terms of the Editors' Code of Practice by the newspaper and magazine industry which deals with issues of accuracy and privacy in reporting and how journalists are expected to behave when gathering news, taking into consideration the editorial content of newspapers and magazines (and their websites, including editorial audio-visual material) and the conduct of journalists. Aiming to protect the rights of individuals whilst also preserving appropriate freedom of expression for the press, advertising their services in order to reach out to people who may be in need of the PCC’s help whilst promoting high standards and offering training and advice to editors and journalists.

Advertising Standards Authority(ASA).

The Advertising Standards Authority (ASA), is the UK's in independent regulator of advertising across all media. Their role is to act on complaints, ensuring that advertisements do not lie and make false claims about the product or service being advertised,  and making sure that the advertisements complies with their advertising standards codes, which specify that: - "Before distributing a marketing communication for publication, marketers must hold documentary evidence to prove all claims, weather direct or implied, that are capable of objective substantiation"- "No marketing communication should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise" 

alongside the CAP the ASA also works with the industry ensuring that their advertisements are right before being published, once the advertisement is published if a consumer feels that they are misleading, harmful or offensive they have the right to complain to the ASA, in which case the ASA will act on this by determine weather or not the advertisement has breached the advertising standard codes and if this is the case it may result in the authority telling the company to change or remove the advertisement. 

The "Ford SportKa Evil Twin Promotional Advert" received a number of complaints due to the fact it featured a pigeon being whacked by a car bonnet. As a result this advertisement was taken of air. 

Case Study: BBC Jonathon Ross/Russell Brand Fine 2008http://www.youtube.com/watch?v=uAxPkcnlyNMThe BBC were fined in 2008 when broadcasters Russell Brand and Jonathon Ross left a series of messages on the answer phone message of Andrew Sachs making offensive remarks regarding his granddaughter on Radio 2. After many complaints to OFCOM (Office of Communications) and after investigating thy found that not only did this breach privacy laws and broadcasted confidential information about Georgina Baillie without their consent but was also gratuitously offensive, humiliating and demeaning. Ofcom also found that their was very serious failures of the BBC’s compliance systems including:

- No senior manager at Radio 2 listened to the pre-recorded programme of 18 October 2008 in its entirety before broadcast;- There was a failure to obtain the informed consent of Andrew Sachs;- There was no attempt at all to obtain consent from Georgina Baillie as required by our Code and the BBC’s own Editorial Guidelines; - And the failure to complete and submit the compliance forms for Russell Brand before the broadcast on 18 October 2008.

As a result Ofcom fined the BBC with a total of £150,000,

-With Ofcom fining the BBC £70,000 for the breaches of Rules 2.1 and 2.3 (generally accepted standards must be applied programmes & generally accepted standards must be applied programmes)

- And a £80,000 imposed for the contraventions of Rule 8.1 (the ’standard’ requiring adequate protection for members of the public from unwarranted infringements of privacy)

References……..

http://www.bbfc.co.uk

http://www.pegi.info/en/index/

http://www.ofcom.org.uk

http://www.asa.org.uk