Producer guidelines and regulatory body

Producer guidelines are the guidelines used to direct producers into not breaking any legal or ethical constraints, when first being employed to work for channels such as BBC, ITV and channel 4 they are made to know what the guidelines are for these programmes so they don't end up doing anything wrong and so they know what is appropriate and what is not to use on the programme.

Regulatory body

PCC

The PCC, which is the Press Complaints Commission deals with complaints about the editorial content of newspapers and magazines and also their websites. The PCC was founded in 1953 however in the late 1980's many newspapers breached the standards of the PCC and others were not satisfied with the council, some of them believed that it would be preferable to enact a law of privacy and right of reply as well as to set up a statutory press council wielding enforceable legal sanctions. The press need to be careful about what they publish they need to make sure of accuracy they cannot publish anything inaccurate, misleading or distorted information including images also they need to be careful of opportunity to reply as a fair opportunity for reply to inaccuracies must be given when reasonably called for, also privacy is a major issue that should not be broken everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications.

         Ofcom

Ofcom is a communications regulator, they regulate TV and radio sectors, fixed line telecoms, mobiles, postal services plus the airwaves over which wireless devices operate. Ofcom was formed 29th December 2003 created by Office of communications Act 2002, the headquarters are in London, United Kingdom and the chairman is Colette Bowe. The creation of Ofcom was announced in the Queen's speech in the UK parliament in June 2001. Ofcom launched on 29th December 2003 formally. In July 2009 David Cameron warned in a speech attacking the proliferation of quangos that Ofcom as we know it will cease to exist if his party came to power. In July 2011 the news interational phone hacking scandal, Ofcom came under pressure to launch an inquiry into whether the parent company of News International, News Corporation was still fit and proper owner of a controlling stake in the satelitte broadcasting company British Sky Broadcastin.When problems occur Ofcom has the powers to step in and take action for the benefit of citizens and consumers. This can involve encouraging competition or resolving regulatory disputes between communications providers. We also enforce consumer protection law, protect and manage the radio spectrum, and ensure viewers and listeners are protected from offensive and harmful material and treated fairly.





BBFC




The BBFC which is the British Board of Film Classification is independent, non governmental body which has classified cinema films since it was set up in 1912 and video's/ DVDs since the video recording act was passed in 1984.


The classifications include:
Suitable for all
Parental guidance
Cinema release suitable for 12 years and over
Video release suitable for 12 years and over
Suitable only for 15 years and over
Suitable only for adults 18+
Adults works for licensed premises only

Examiers look at issues such as discrimination, drugs, horror, irritable behaviour, language, nudity, sex, sexual voilence, theme and violence when making decisions.
The board was founded in 1912 then titled the British Board of Film Censors. The orgins of the BBFC lay Health and Safety as early as film stock, and limelight which was used in projecting early films, were both fire hazards. Local Authorities were originally given power to license cinemas with reasonable restrictions, and could rate film. The BBFC was then set up by the film industry to standardise the ratings and give uniform film classification to all films in the UK. It is an independent, non-governmental body funded through charged fees. This means film distributors have always paid a fee to have their works rated. The BBFC is a not for profit organisation.

If when making a film and the BBFC checks it if it does not reach their standards the film will be not legal to show in the UK such as the Human Centipede 2.




The Advertising Standards Authority is the UK’s independent regulator of advertising across all media. We apply the Advertising Codes, which are written by the Committees of Advertising Practice. Our work includes acting on complaints and proactively checking the media to take action against misleading, harmful or offensive advertisements.

In 1961 the advertisting association folling disussions with the other industry associations, agreed that it was important that advertisements were welcomed and trusted by consumers in non-broadcast media too.As a result, the industry (agencies, media and advertisers) came together to form the Comittiee of advertising practice) and produced the first edition of the British Code of Advertising Practice.
Our mission is to ensure that advertising in all media is legal, decent, honest and truthful, to the benefit of consumers, business and society.

Their aim is:

• Making  a success of regulating online ads
• Being an effective part of the response to societal issues shown to be affected by advertising
• Placing more emphasis on prevention rather than cure
• Being more efficient and in tune with consumers, business and society

The Advertising Standards Authority (ASA) is the UK’s independent regulator of advertising across all media. We investigate and adjudicate on potential breaches of the Advertising Codes, and monitor compliance with the rules.

legal issues and the areas of law that apply to the creative media sectors

Why is it important for producers to have an understanding of the legal constraints?

It is important for producers to have an understanding of legal constraints so that they don't run into breaking one of these law's when producing work as it could end up with prosecution or even worse, they need to know if broadcasting or publishing something untrue, that can damage someone's reputation can end up getting them sued for alot of money by the person that it was about. They also need to know that they can not produce anything that is likely to deprave and corrupt as they cannot produce something that lawyers havent checked over before being released incase of to much sexually explicit, violence or drug taking as if it is and it is broadcasted the film can be banned from the country and also the producers can be took to court. They also need to make sure they don't publish anything that will break the privacy (Human rights Law) as this can lead to the producers company being shut down. Also making sure they do not copy any work from other producers without permission as they other producers can take them to court and get them sued for not having copyrights. The last thing they need to know is not to publish information from someone's phone or hack into something that is private and none of their business as this could lead to company closure also.


OBSCENEITY LAW

The definition of this is content that is "likely to deprave and corrupt" the audience for which it is intended. Lawyers may need to hceck whether a production breaks this law before it is released. Content such as sexually explitcit, violent and/or drug taking is reviewed for suitability. Decisions are made dependent on factors such as age range of the audience, the time a production is broadcast.

An example of this is the Human Centipede 2 was band in the UK for being related to sexual violence, graphic gore, breach of law relating to obscenity.


LIBEL LAW

You can be sued for damages if you publish or broadcast things about a person which are untrue and damage their reputation (defame them) The law was created to protect individuals or organisations from unwarranted, mistaken or untruthful attacks on their repuatation.

An example of this is Lord McAlpine as someone tweeted that he was part of a paedophile ring which targeted children at a care home in Wrexham, he pursued Sally Bercow wife of commons speakers John over comments she made on a social networking site.

PRIVACY LAW HUMAN RIGHTS ACT 1998

If a media company publishes information about someone which is information that should be considered private, that is to say, information in respect of which you had a 'reasonable expectation of privacy', then legal action for misuse of private information can be brought under the Human Rights Act 1998.

An example of this is a french magazine breaking a law as they put a picture of the Dutchess of Cambridge in their magazine and she was topless sunbathing.

OFFICIAL SECRETS ACT

It is a criminal offence to obtain or publish any information froma serving or former member of the securtiy and intelligence services or from certain categories of civil servants or public contractors where that disclosure would be damaging.

An example of this would be News of the World phone hacking scandel were they hacked into Millie Dowler's phone.

COPYRIGHT AND INTELLECTUAL PROPERTY LAW

This law exists to protect people's creative endeavours so that they can properly benefit from their work. If such protection didn't exist and people were able to copy or sell or profit from another's work, there would be little incentive for people to create in the first place. Programme-makers are responsible for ensuring that all necessary clearances (copyright, trademarks etc.) have been obtained for their programmes.

An example of this would be Itunes film breaking the copyright law as Russian films are being made available through Apple's Itunes service without the consent of the copyright holders, the films were old favourites Gentlemen of fortune, Assa, The diamond arm, Kin-dza-dza and Cheburashka despite their age the films and cartoons are still protected by copyright.