Understanding the Creative Media Sectors

Understanding the regulation of the creative media sector

The college media mill is looking to produce an online information guide for prospective students who want to find out more about the creative media sector. I have been commissioned to produce the third chapter for the online information guide. The purpose of this is to explain the regulation of the creative media sector when working as a producer in the creative media sector.

The creative media sector needs to be regulated for many reasons, one of these is so that businesses can't get there own way and therefore make a bigger profit than they would do if there was rules in the way to stop them. For example, recently in the news EE have been fined £2.7 million pounds by Ofcom ( Ofcom is the Office of Communications and handles regulation in the TV, radio, On-demand services and telephone communication companies). They got this fine by overcharging tens of thousands of customers. The following text has been copied off https://www.ofcom.org.uk/about-ofcom/latest/media/media-releases/2017/ee-fined-2.7m-for-overcharging-customers 

The penalty is the result of an investigation into the mobile phone provider, which found that the company broke a fundamental billing rule on two separate occasions.1

First, EE customers who called the company’s ‘150’ customer services number while roaming within the EU were incorrectly charged as if they had called the United States.

This mistake saw customers charged £1.20 per minute, instead of 19p per minute. As a result, at least 32,145 customers were overcharged around £245,700 in total.2

Ofcom’s investigation found that EE’s carelessness or negligence contributed to these billing errors.(3) In addition, while it did not set out to make money from its billing mistake, EE had decided not to reimburse the majority of affected customers until Ofcom intervened. EE wrongly decided it couldn’t identify the people it overcharged and was proposing to give their money to charity, which would have left them out of pocket.

Second, despite making it free to call or text the ‘150’ number from within the EU from 18 November 2015, EE continued to bill 7,674 customers up until 11 January 2016. In total, these customers were overcharged £2,203.33, although EE did take prompt action on this occasion and issued full refunds to those affected.

If we didn't have Ofcom to regulate these kind of things then it would mean big companies such as EE would get away with this and therefore they would carry on doing it and there customers wouldn't have any idea it was happening to them. 

There are many regulatory bodies in the creative media sectors - these are BBFC ( British Board Of Film Classification ) , Ofcom ( Office of Communications ) , IPSO ( Independant Press Standards Organisation ) and the ASA ( Advertising Standards Authority ). The BBFC regulate the film industry, they are a non governmental organisation funded by the film industry and are responsible for the national classification of films within the United Kingdom. There are 7 ratings possible for the BBFC to give out to the film companies who are making the film, these are:

• U - Universal, All aged admitted, there is nothing unsuitable for children over 4.
• PG - Parental Guidance, All ages admitted, but certain scenes maybe unsuitable for children under 8.
• 12 - Nobody younger than 12 can view this film, usually has infrequent use of strong language, brief nudity, discreet sexual activity and moderate violence.
• 12A - Anyone under the age of 12 can go and see this film as long as they have a parent or guardian over the age of 18.
• 15 - Only those who are 15 years old or older are allowed to view the screenings.Films in this category can contain adult themes, hard drugs, sexual content and strong violence throughout the film.
• 18 - Only adults are allowed to view or buy these films, films in this category do not have limitation on swearing that is used. Hard drugs are usually allowed, strong violence / sex references along with strong sexual content is also allowed. Scenes of strong real sex maybe allowed if justified by the context.
• R18 - Restricted 18 - Can only be shown at licensed cinemas or sold at licensed retail shops or sex shops and only to adults. More cuts are demanded from this category than any other category, the BBFC do not allow the 18 rating to be put onto these films due to the sexual content.

The BBFC can also make the film producers cut certain scenes out of the movie to get the age rating they want and they can also refuse a film to be put onto the cinema screens. For example the BBFC refused the film ' Hooligans ' to be allowed to be broadcast onto cinemas in the UK as well as a DVD - this was due to it promoting football hooliganism.

The following paragraph is from BBFC.co.uk - ' Films for theatrical release are normally classified by at least two Examiners using the published Guidelines. In most cases the decision is ratified by a Senior Examiner, but if the Examiners are in any doubt or fail to agree, or if important policy issues are involved, the work may be seen by other members of the Board up to, and including, the Chief Executive and Presidential team. Occasionally it is necessary to take specialist advice about the legal acceptability of film content or its potential for harm. DVDs are normally seen by one Examiner, particularly when they are viewing the DVD version of a cinema film which has already been classified. However, opinions from other Examiners may be required for more difficult works.

Examiners look at issues such as discrimination, drugs, horror, language, imitable behaviour, nudity, sex, sexual violence, theme and violence when making decisions. They also consider context, the tone and impact of a work (eg how it makes the audience feel) and even the release format (for example, as DVDs are watched in the home, there is a higher risk of underage viewing). '

One film which was flagged by the BBFC was ' Chronicle ', it was decided from the BBFC to be a 12A rating, Chronicle was on the borderline between a 12A and a 15 rating, this was due to the fact that there were quite a few bloody moments which included violence, as well as the themes of bullying, domestic violence, teenage alienation and the terminal illness of a parent ( cancer ) which were also discussed and shown in the film. The video below shows one of the scenes in Chronicle where quite a bit of violence is shown.

BBFC - Rate a Trailer

The Jungle Book - PG as there are only mild parts of violence e.g. the tiger attack and running after the child.

12 Years A Slave - 15 as there is many racial parts in the film and also some violence however it shouldn't be rated any higher as it is based on a true story and many of them things actually happened.

Ofcom have legal duties they have to consider when any kind of programme is aired onto any TV network across the UK.They make sure that people in the UK get the best from their communication providers and make sure they are protected by scams and sharp practices. Ofcom operates under the Communications act 2003. Ofcom is funded by fees from the industry for regulating broadcasting and communication networks, and grant-in-aid from the government. 

Ofcom - 10 Broadcasting Code

1.  Protecting the under-eighteens - The point of this is to make sure under eighteens are protected e.g. Sachsgate scandal.
2. Harm and Offence - To make sure that generally accepted standards are applied to the content of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful/and or offensive material.
3. Crime, disorder, hatred and abuse - To ensure that material likely to encourage or to incite the commission of crime or to lead to disorder is not included in television or radio services.
4. Religion - To ensure that broadcasters exercise the proper degree of responsibility with respect to the content of programmes which are religious programmes. To ensure that religious programmes do not involve any improper exploitation of any susceptibilities of the audience for such a programme. To ensure that religious programmes do not involve any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.
5. Due impartially and due accuracy - To ensure that news in whatever form is the most accurate it can be.
6. Elections and Referendums - To ensure that the special impartially requirements in the Communications Act 2003 and other legislation relating to broadcasting on elections and referendums, are applied at the time of elections and referendums.
7. Fairness - To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes.
8. Privacy - To ensure that broadcasters avoid any unwarranted infringement of privacy in programmes and in connection with obtaining material included in any programmes.
9. Commercial references on TV - To ensure that broadcasters maintain editorial independence and control over programming (editorial independence).To ensure that there is distinction between editorial content and advertising (distinction).To protect audiences from surreptitious advertising (transparency).To ensure that audiences are protected from the risk of financial harm (consumer protection).To ensure that unsuitable sponsorship is prevented (unsuitable sponsorship).
10. Commercial communications on radio - To ensure the transparency of commercial communications as a means to secure consumer protection.

One of the most important rules of Ofcoms broadcasting code is protecting the under eighteens. A prank call on The Russell Brand Show in 2008 involved a series of voice messages left by comedian Russell Brand and TV presenter Jonathon Ross on the answering machine of the actor Andrew Sachs. BBC Radio 2 decided it would be okay to allow it on an episode of The Russell Brand Show. In the episode, Brand and Ross called Sachs as a guest to interview on-air when Sachs failed to answer the phone, they're heard leaving a series of messages on his answering machine which included comments about Russell Brand's relationship with Andrew Sachs' granddaughter Georgina Baillie. It then came out in the news reported from The Mail on Sunday on the 26th of October 2008, both Russell Brand and the controller of Radio 2 ( Lesley Douglas ) resigned from the BBC. Jonathon Ross was suspended without pay for 12 weeks on the 30th of October and the BBC was fined £150,000 by Ofcom. Both presenters were criticised by a number of members of Parliament, including the Prime Minister at the time being Gordon Brown. 

The Independent Press Standards Organisation ( IPSO ) is the independent regulator for the newspaper and magazine industry in the UK. They hold newspapers and magazines to account for their actions, protect individual rights, uphold high standards of journalism and help to maintain freedom of expression for the press. It is funded by the regulatory funding company ( RFC ) which is funded by member publications. IPSO carries out its work separately 

1. Accuracy - The press must care not to publish the inaccurate, misleading or distorted information or images, including headlines not supported by clear text. 
2. Privacy - Everyone is entitled to respect for his or hers private and family life, home, health and correspondence, including digital communications.
3. Harassment - Journalists must not engage in information, harassment or persistent pursuit.
4. Intrusion into grief or shock - In cases involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively. These provisions should not restrict the right to report legal proceedings.
5. Reporting suicide - When reporting suicide, to prevent simulative acts care should be taken to avoid excessive detail of the method used, while taking into account the media's right to report legal proceedings.
6. Children - All pupils should be free to complete their time at school without unnecessary intrusion. They must not be approached or photographed at school without permission of the school authorities. Children under 16 must not be interviewed or photographed on issues involving their own or another child's welfare unless  a custodial parent or similarly responsible adult consents.
7. Children in sex cases - The press must not, at all even if they are legally free to do so, identify any children under the age of 16 who are victims or witnesses in cases involving sex offences. The child must not be identified, the adult maybe identified, the word ' incest ' must not be used where a child victim might be identified and finally care must be taken that nothing in the report implies the relationship between the accused and the child.
8. Hospitals - Journalists must identify themselves and obtain permission from an executive before entering a non-public area of any hospital to further pursue their enquiries.
9. Reporting of crime - Relatives or friends of persons convicted or accused of crime should not generally be identified without their consent, unless they're genuinely relevant to the story. 
10. Clandestine devices and subterfuge - The press must not seek to obtain or publish material acquired by using hidden cameras or any sort of listening devices ( this is a case of privacy and therefore cannot be over-ruled. )
11. Victims of sexual assault - The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so.
12. Discrimination - The press must avoid prejudicial or pejorative reference to an individual's race, colour, religion, sex, gender identify, sexual orientation or to any physical or mental illness or disability.
13. Financial journalism - Journalists must not use their own profit financial information they receive in advance of its general publication, nor should they pass such information to others.
14. Confidential sources - Journalists have a moral obligation to protect confidential sources of information.
15. Witness payments in criminal trials - No payment should be offered to a witness - or any person who maybe reasonably be expected to be as called as a witness.
16. Payment to criminals - Payment or offers of payment for stories, pictures or information which seek to exploit a particular crime or to glorify or glamorise crime in general, must not be made directly or via agents to convicted or confessed criminals or to their associates - who may include family, friends and colleagues

The editors code is directly from https://www.ipso.co.uk/editors-code-of-practice/

Finally, the last regulatory body which I am going to cover in this chapter is the Advertising Standards Authority ( ASA ).

The image below represents what I believe can be classed as a pyramid into what needs to be in a successful advert and the important factors in the advertising markets. For example, I believe that advertising can draw attention to a product or service is the most important factor because if this wasn't the case then companies wouldn't advertise anymore. Next, I think that 20,000 jobs are created in the advertising industry is important because at the moment there are many people in the country, especially the North East who are out of employment and therefore live on benefits. Jobs can be created from the designers to the third party company who are then making sure there advert is put up to the advertising board where the company has requested and bought therefore making more people see it, for example motorways are a frequent place to put movie posters. Next, I think that advertising helps fund culture and sport as well as media aren't as important as the top 3 however they do play a role in the advertising businesses. Finally I think advertising can be funny but they might not always put the point across therefore I have put this as last on the diamond.

Do you think advertising is necessary? – Yes, I believe that advertising is necessary as it helps both the producers and consumers out, for example it can help the consumer to find out information and it may give the producers money.

What benefits does advertising bring? – Draws attention to the products or services, as well as it gives consumers and companies insight to what products are available and doing well on the market hence why many big companies advertise everyday, making there product the best as it is the first recognizable one on the market.

The image above shows the regulation as a whole what the ASA do.

I think that there are a couple of issues when it comes to regulation, BBFC make it certain that every film which is released either onto your local cinema or on a DVD in your house has a certificate rating on it. I think as long as you're with an adult you should be able to go to the cinemas and watch any film apart from 18 ratings or above, I think this because many people who are 14 years old can't go and view a 15 certificate. If you're with an adult I don't think it should be a problem just like the 12A rule. If this rule was going to appear in all cinemas it would mean more cinemas and film distributors and makers would make more money but it's up to BBFC to decide.

Conclusion

I think that I have covered all topics in this blog post, I also believe that it will help people who want to persue a career in the creative media sectors, I have included all of the following: why the creative media sectors need to be regulated, explain the regulatory bodies in the creative media sectors ( BBFC, Ofcom, IPSO and ASA ), and finally I have talked a little bit about the issues associated with regulation and consumer choice.