Regulation in the Creative
Media Sectors
Why does the creative media
sector need to be regulated?
The creative media sector needs to be regulated because some things in the media sectors are not suitable for everyone to see them. So people regulate these things by putting age resections on them which means only people that are suitable to see the things that need to be regulate can see them and for the people which aren't suitable to view them can't until they are old enough. Also they are something in the creative media sectors that shouldn't be seen by anyone so people cut them parts out of the films, TV shows and radio so that people don't know about them.
British Board of Film
Classification (BBFC)
The BBFC was set up in 1912. The BBFC is an independent,
non-government organisation and it is responsible for the censorship and
classification of videos and films in the UK. The BBFC also has the power to
cut or reject any work that is not suitable for public viewing. Since the BBFC
is independent and non-government they are funded by the film industry.
The BBFC has to consider whether material submitted for
classification has broken the law, and/or has the potential to harm either the
viewer or society through the viewer's behaviour. When the BBFC are decideing about if they should cut anything out of the film or TV show they have to consider the legal considerations. The legal considerations are indecent images of children, animal cruelty, obscenity, racial hatred and human rights.
When the BBFC find something in a film or TV show that they think shouldn't be in their then they have consequences for them. The consequences are:
If a work is found to contain material which falls foul of UK law, then it will be cut from the work. If the work as a whole is found to be in breach of the law, then it may be denied a certificate and rejected.
BBFC are also the ones that started the age classifications. The purpose of the age classifications are to protect children from unsuitable and even harmful content in films and TV shows.
To give consumers information they might need about a particular film or video before deciding whether or not to view it.
This independent scrutiny prior to release ensures the highest possible level of protection and empowerment.
The age classifications are:
U Universal - A film that is rated U is suitable for all ages so anyone can watch the film. U films are suitable for audiences aged 4 and over. If the film has a U rating then the film should not upset anyone that watches the film. U films should offer reassuring counterbalances to any violence, threats or horror in the film and it should also be set within a positive framework. If the U film is suitable for pre-school children then it will be indicated be the BBFC insight.
PG Parental Guidance - PG films are for general viewing, in the PG film there may be some scenes that may be unsuitable for young children. A PG film should not unsettle a child aged 8 or older. Children of any age can watch PG films if they are unaccompanied by an adult but parents are advised to consider whether the content in the PG film may upset younger, or more sensitive children.
12A/12 - 12A/12 films are suitable for anyone aged 12 and over. Films that are classified as 12A/12 contain material that is not generally suitable for children aged under 12. If someone younger the 12 wants to watch the 12A/12 film they can't unless they are accompanied by an adult. But the adults that are planing to take children under 12 to watch a 12A/12 film then they should consider whether the film will be suitable for the child. If they can't decide then they can check the BBCF insight in advance. Also no one younger then 12 can buy or rent a 12A/12 DVD.
15 - 15 films are only suitable for anyone aged 15 and over. Anyone younger than 15 can watch a 15 film in the cinema and they can't buy and rent a 15 film.
R18 - R18 films are only to be shown in specially licensed cinemas, or supplied only in licensed sxe shops and only adults can buy them. The R18
R18 - To be shown only in specially licensed cinemas, or supplied only in licensed sex shops, and to adults only The R18 category is a special and legally-restricted classification primarily for explicit works of consenting sex or strong fetish material involving adults. Films may only be shown to adults in specially licensed cinemas, and video works may be supplied to adults only in licensed sex shops. R18 video works may not be supplied by mail order.
Office of
Communications (OFCOM)
The Office of Communications commonly known as Ofcom, is the government-approved regulatory and competition authority for the broadcasting, telecommunications and postal industries of the United Kingdom.
Ofcom has wide-ranging powers across the television, radio, telecoms and postal sectors. It has a statutory duty to represent the interests of citizens and consumers by promoting competition and protecting the public from harmful or offensive material Some of the main areas Ofcom presides over are licensing, research, codes and policies, complaints, competition and protecting the radio spectrum from abuse.The sectors that Ofcom regulates are TV, Radio, Fixed Line Tele Communciations, Mobiles, Postal Services and Airwaves-WIFI.
The regulator was initially established by the Office of Communications Act 2002 and received its full authority from the Communications Act 2003.
Ofcom is differnt from the BBFC because Ofcom doesn't watch or listen to programmes before they are broadcast. They wait until they are broadcasted and people complain to Ofcom about the sectors that they regulate. People complain about if they thing they have seen or heard is breching the Broadcasting Code Complaints can be made in writing or submitting an online complaints form
and each
complaint is assessed against The Broadcasting Code to see if the programme was in breach.
The Broadcasting code applies to TV and Radio and it covers the standards in programmes, sponsorship, product placement, fairness and privcay. The Code was drawn up following extensive research amongst viewers, listeners and broadcasters – they received more than 900 responses to a public consultation. The broadcasting Code is made up of 10 different sectors and them sectors are:
- Protecting under 18’s
- Harm and Offence
- Crime
- Religion
- Due impartiality and due accuracyand undue prominence of views and opinions
- Elections and Referendums
- Fairness
- Privacy
- Commercial References in TV programming
- Commercial Communications in Radio programming
Advertising
Standards Authority(ASA)
The Advertising Standards Authority is the UK’s independent regulator of advertising across all media. They apply the Advertising Codes, which are written by the Committees of Advertising Practice. Their work includes acting on complaints and proactively checking the media to take action against misleading, harmful or offensive advertisements.
The ASA is important because they make sure that if people complain about adverts they will do something about it like withdrawing the advert or banning the advert if it needs to be banned. Also they make sure that all UK advertising, wherever it appears is legal, decent, honest and truthful.
ASA is split up in to 2 part one is Non-broadcasting and the other is Broadcasting. Non-broadcasting covers Magazine and newspaper advertisements, Radio and TV commercials (not programmes or programme sponsorship), Television Shopping Channels, Advertisements on the Internet, including:banner and display ads, paid-for (sponsored) search, Marketing on companies’ own websites and in other space they control like social networking sites Twitter and Facebook.
The ASA regulates UK advertising across all media and it is a mix of self and co-regulation, non-broadcast and broadcast (with Ofcom) advertising. ASA is an independent organisation that was founded in 1962 and it checks that advertisements do not lie or make false claims about a product in their adverts. But is an advert is seen as in breech of UK advertising codes it must either be withdrawn or amended. In 2012 the ASA considered 31,298 complaints about 18,990 cases which led to 3,700 being changed or withdrawn.
The ASA controls the adverts for Non-Broadcasting and Broadcasting adverts. For Non-broadcasting adverts that the ASA look at are billboards and online adverts and they need to comply with the CAP Code and if the company's doesn't comply then the most serious consequence that they can get is that all of their off-air advertising has to be pre-checked for up to 2 years. But millions of ads are published every year in the UK so it would be impossible to pre-clear them all. The adverts that the ASA check for broadcasting are TV shopping and interactive TV advert and they need to comply with Ofcom. So if an advert breaches one of the rules then it will be referred to Ofcom for sanctioning. Ofcom has a duty to maintain standards of broadcast advertising.
For TV and Radio adverts a vast majority of them are pre-cleared before they are broadcasted and they make sure that they are compliant with the UK code for broadcast adverts. So once an ad has aired on TV or the Radio the consumers have the right to complain about the ads that they have seen or heard that they think are misleading, harmful or offensive but the ASA can act on just one complaint.The sanctions for adverts that is in breach of the codes then the ad will be withdrawn or amended.
The issues that are affecting the ASA
Independent Press Standards Organisation (IPSO)
IPSO is the new independent regulator for the newspaper and magazine industry in the UK. We uphold the highest standards of journalism by monitoring and maintaining the standards set out in the Editors' Code of Practice, and provide support and redress for individuals seeking to complain about breaches of the Code. IPSO is committed to working with the newspaper and magazine industry to maintain and enhance the freedom and authority of the press through effective, independent regulation.
