Thursday, 9 January 2014

Identifying regulatory issues

 In the media industry there are organisations known as 'Regulatory bodies' who regulate the media. This is to make sure people within the media follow any guidelines or ethical guidelines which they must depending on what they are producing. In the post I am going to be explaining the issues surrounding regulatory bodies in the media industry.

Definition of monopoly
A monopoly is when a company have ownership over the majority of the media market. An example of this would be Rupert Murdoch's hold over newspapers and media. Due to the fact, he owns so much of the world’s media industry, there is barely any room for other organisations to have a say in what goes on in the media industry. A monopoly can be beneficial if it increases the revenue of a company. This means that the company can then invest in things such as research or better technology. If a company has a monopoly they are less likely to invest in other businesses. It will leave little to no room for any competition which can hinder new innovative companies breaking into the market.

Why is it important no single media producer in the UK has a monopoly
It is important to have a lot of different businesses owning different parts of the media industry. This is because if one producer has control over the whole of a media sector, they gain monopoly. Having one person or company owning a monopoly could be detrimental to the industry. This is due to many reasons, the main one being that there will be no room for competition. Because of the single business having a hold over the industry no other company will stand a chance. The one owner will release products and services which they like instead of putting other people in as well as the one that can help their company gain more power. All in all, it is important to ensure a single producer doesn't have a monopoly. This is in order to maintain diversity within the industry and leave room for other companies.

Why is consumer choice important?
Consumer choice means giving the customers of your product the right of choice in regards to what they purchase. For example when buying a TV box like virgin, sky or free view. Many people will decide due to the price, the content or what else is included in the package for their reasons for picking this. Every different Satellite TV company has different varieties to offer in order to sell their product. This is important as it increases convenience for the consumer. It also ensures the product can fulfil a range of required purposes. This means that sales will increase because more customers will rely on the company, due to the range of choice and convenience. Consumer choice could also apply to a series of different companies.

Definitions of censorship
Censorship is usually done because the product is seen as potentially harmful or offensive. Censorship is controlled depending on what media sector you are working within. For instance, the ASA (Advertising Standards Authority) control the censorship of advertisements in the UK. This would differ from the BBFC (British board of film classification) who regulate censorship in films. The advert above is an example of media censorship in the UK as it was banned. This was mainly down to bad timing, as the London riots were unfolding in Britain upon it's release. Due to this the ASA banned the advertisement as the though it may incite violence or playing with fireworks. Above is a television advert which was banned due to the effects which it had on the public following it's release. Many parents were complaining that overweight children were getting bullied as a result of it.

Why do people think there is a fine line between censorship and protecting the public interest
Without censorship many harmful advertisements could be exposed to the public. This could incite illegal activities depending on the context of the advertisement  Also obscene advertisement could be published which would have a bad influence on the public (generally minors). However censorship also comes with a few disadvantages. For example it can stop effective and innovative advertisements being released due to bad undertones or references. This in a way restricts the public from seeing advertisement in which they may enjoy. This can also be the same for censorship regarding films. If a film is deemed inappropriate and needs to be censored then it might refrain the viewer from seeing an important scene.

Why should under 18’s be subject to particular consideration by regulators
Under 18's have many exceptions to the rules set in place by regulatory bodies. This is because people under the age of 18 are not classed as an adult therefore they need to be protected under many acts. In regards to censorship , minors cannot be shown negatively This is due to discrimination. Also advertisements for alcohol have to be intentionally not aimed at minors. This means young people cannot be used or encouraged to consume alcohol during and advertisement or publication.

In my opinion I believe that explicit censorship should be used for under 18’s under the circumstances of sexual behaviour, and violence. Although a lot of this can be seen on the internet and there are worse things shown on TV shows such as soaps and TV dramas.

regulartory bodies in the creative media sector

Through out this post i will be talking about the different regulatory bodies that have control over the media. What can and cannot be shown to the public and handling the complaints made by the audience members watching.
When working in media there are many laws, rules and regulations that you must follow in order to make your production successful, whether that is a radio show, creating a game,or producing a tv show or film. In this industry their are companies that set the regulations that must be followed, these companies are PCC, OFCOM, BBFC and ASA. Regulatory bodies are a public authority or government agency that are responsible for ensuring production do not harm the audience and cause a controversy. each body has a different set of regulations. 

Press complaints commission are in control of all complaints made in regards to the editorial content of newspapers and magazines as well as the content on websites. The purpose of the PCC is to serve the public by holding any editors to account of the content that has been complained about. The PCC started in 1953 with the aim to maintain high ethical standards of journalism. They have made sure that press in the UK has been subject to self-regulation for over 60 years.  
The PCC can also assist individuals by representing their interests to editors in advance of an article about them being published. they aim to promote high standards by developing clear guidance and practical principles through out rulings, and offering training and advice to editors and journalists
A celebrity took to the PCC when Tulisa Contostavlos, complained about a front page head line stating that she 'stole someones bloke' this outraged the former N-Dubz singer as it was a flase accusation that was damaging her image. The PCC decided that Sufficient remedial action is to be offered.
"In considering whether this offer was sufficient, the Commission therefore had regard for several countervailing factors: the extent to which the dispute related to matters of interpretation; the previous denials published by the newspaper; the clear attribution of the claims to Ms Ward; the steps the newspaper had taken to corroborate the claims before publication; and the delay in making the offer. The newspaper's decision not to seek the complainant's comment prior to publication represented a breach of the Code; however, on balance, the publication of the proposed statement would be a sufficient remedy, in all the circumstances of this case." http://www.pcc.org.uk/cases/adjudicated.html?article=ODY3Mg==
The Consequences of not following the PCC's regulation is that after looking into the case in detail if they come to the conclusion that they agree with the complaint, the subject will be removed and not shown to the public.

Another regulatory body is the office of communications, more commonly known as OFCOM. OFCOM regulates, television and radio as well as fixed line telecoms,mobiles, postal services and airwaves over which wireless devices operate. The creation of OFCOM was announced in the Queen's Speech to the UK parliament in June 2001 but was launched 2 years later in 2003. 
The act says that ofcoms general duties should be to further the interest of citizens of consumers, meeting these two duties is at the heart of everything they do.
OFCOM took action over the sitcom Hollyoaks in March 2013 when they displayed a train accident as "violent and shocking". the scene shown was of a fight scene that was taking place near a train track to which someone was killed by an on-comming train. In defence to OFCOMs action channel 4 stated that alot of action and consideration was put into place to ensure the sequence complied with TV rules.
Ofcom concluded the scene had the "potential to distress younger viewers as well as raise concerns about the level of violence amongst parents watching with their children regardless of the editorial context presented or the signposting provided". - http://www.bbc.co.uk/news/entertainment-arts-23850778
The consequences of not following OFCOMS regulations is the closure of the production. If a production does not follow the rules when producing a film or TV show OFCOM have the ability to close the production and stop it from airing unless it changes the cause for the closure.

ASA is a self-regulatory organisation of the advertising industry. It is a non-statutory organisation and so cannot interpret or enforce legislation, code of advertising practice broadly reflects legislations in many instances. The ASA apply advertising codes which are written by the committees of advertising practice  They investigate and adjudicate on potential breaches of the advertising codes, and monitor compliance with the rules. It is the ASA act on complaints by pro actively checking the media to take action against misleading, harmful or offensive advertisements are removing them from harm towards the audience. Their mission is to ensure that advertising in all media is legal decent, honest and truthful to the benefit of consumers business and society 
one case where the ASA has been used is when the late 2013 KFC advert was aired.
Complaints were made that felt like the advert was encouraging excessive consumption of food.
"TV ad promoted the KFC "Mighty Bucket For One". A couple entered a KFC restaurant and the male character said, "I'm gonna have a Mighty Bucket For One, how about you?", to which the female character replied, "It's ok, I'll just have some of yours." The male character sighed and said, "Ok, I really like you, but it's a Mighty Bucket For One - you can have your own, if you want. Now, I will share a romantic walk with you, I will even share my innermost thoughts, but my food? Nahhh." A voice-over then stated, "With two pieces of original recipe chicken, hot wings, mini fillets, fries and a drink, the KFC Mighty Bucket For One ain't for sharing" while images of the product were displayed." 
KFC's response to this was that the consumers were very aware that some meals from fast-food suppliers might contain alot of calories and believe that such meals were a treat and to be enjoyed as a part of a balanced and healthy diet. They also stated the the advert displayed a humorous and playful tone of the situation and that it played on the stereotype that when men have a treat for lunch they often dont want to share. With the response and the acusation both taken into account ASA decided that the ad was not upheld.
"The ASA noted the high calorific content of the meal. We also noted that the meal was called the "Mighty Bucket For One" and that the central premise of the ad, although presented in a humorous and light-hearted way, was that the male character could not entertain the thought of sharing the meal with his girlfriend. We considered, however, that the ad only showed one isolated occasion when the man ordered and ate the meal, and there was no indication that he was in the habit of doing so. We also considered that there was no suggestion in the ad that an individual should, or that it would be advisable to, consume the meal on a daily or regular basis. We also noted Clearcast's assertion that if an individual ate the "Mighty Bucket" for either lunch or dinner, they could still eat a less calorific meal and stay within the recommended daily allowance. Therefore, we concluded that the ad did not condone or encourage the excessive consumption of food." http://www.asa.org.uk/Rulings/Adjudications/2013/12/Kentucky-Fried-Chicken-Great-Britain-Ltd/SHP_ADJ_243465.aspx
If you break the ASA regulations it can result in banning of advertisements that cause discomfort and harm to members of the audience.

The final regulatory body is the BBFC. which stands for British board of film classification 
they are a non-governmental organisation, that is  funded by the film industry. Responsible for the national classification of films. It has a statutory requirement to classify videos, DVDs and some videos games under the video recordings act 2010
The BBFC is the organisation which gives films their classifications such as PG, U, 12
This body was set up in 1912 and have never accepted funds off the government to ensure that it stays independent. The video recordings act was passed in 1984 by parliament.
An example of the BBFC taking place is with the film the black swan. Directed by Darren Aronofsky and released in 2010.This production caused many issues for the BBFC when rating it such as drug use, self harm, sex, nudity and masturbation.  They came to that conclusion that the age rating was to be rated 15 and stated this on the film.
"The BBFCinsight for Black Swan notes that it ‘Contains strong sex, strong language and bloody images’. The expanded version gives further information on these issues". -  http://www.bbfc.co.uk/case-studies/black-swan
The BBFC can ban productions if that show content that isnt fit for the age rating shown on the film.


Refrences

http://www.bbfc.co.uk/
http://www.ofcom.org.uk/
http://www.pcc.org.uk/
http://www.asa.org.uk/