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Media Regulations

- PROTECTING UNDER 18s & HARM
AND OFFENCE
Balance - a situation in
 Accuracy - the
                                                        which different
 quality or state of
 being correct or
 precise
                               Glossary                 elements are equal or
                                                        in the correct
                                                        proportions:
Objectivity - A proposition is generally considered          Impartiality -
to be objectively true when its truth conditions are         treating all rivals or
met and are "mind-independent"—that is, not met              disputants equally
by the judgment of a conscious entity or subject.
                                                  Access - the right or
 Representation - the action of                   opportunity to use or
 speaking or acting on behalf of                  benefit from something
 someone or the state of being
 so represented
                                              Privacy - a state in which
Bias - a concentration on or                  one is not observed or
concern in one particular area                disturbed by other people
or subject
                                               Opinion - a view or judgement
             Subjectivity - based on or        formed about something, not
             influenced by personal            necessarily based on fact or
             feelings, tastes, or opinions:    knowledge
Watershed.
• In television, the term watershed means the time
  period in a television schedule during
  which programs with adult content can air.

• a television watershed also serves as a dividing
  line – it divides the time between where content
  for families and/or children has to be aired, and
  where content aimed towards an adult
  audience can be aired Examples of adult
  content include, but are not limited to, graphic
  violence, horror, strong language, nudity, sexual
  intercourse or reference, drug use, and/or
  suggestive themes. In most countries, the same
  set of rules also apply to commercial
  advertisements
Interviews
•   Many interviews in documentaries rely on who they’re interviewing and also
    what the matter is and timing of the interview.



•   Many interviewee's have a biased opinion the subject matter. They hardly
    ever argue for both sides of the story. They almost try and persuade the
    audience to be on the same side as they are, and with supporting evidence
    and archive footage, there is more reason to support their ideas on the
    topic.
Issues facing producers of
  factual programming..
Under 18’s

Under 18s must be protected
from potentially harmful and
offensive material. One of the
main ways of achieving this is
   through the appropriate       Anything unsuitable for any viewers must be
 scheduling of programmes.       shown at nine pm or later. Nothing unsuitable for
                                 children should, in general, be shown before
                                 9pm or after 5.30 am. there should then be a
                                 gradual transition to more adult material,
                                 generally, the more adult in nature a programme
                                 is, the later in the schedule it should appear.
The main way in which under 18s may be protected
from potentially harmful and offensive material is
through the appropriate scheduling of programming.
In practice this means that, as a general rule, the
more adult in nature the content is, the later it should
be broadcast, with the 9pm watershed being the
crucial point in time before which material unsuitable
for children should not generally be broadcast.
parents are expected to take full increasing
responsibility for their children’s viewing.
                                               Parents may need to take into account that by
                                               their children viewing a programme that is
                                               showing from 9pm onwards that this could
                                               have a huge impact on their physical, mental,
                                               and moral development.
Harmful or offensive material includes strong
 language, violence, sexual behaviour etc.. Its
 inclusion must be justified editorially and by             Strong Language
 the context i.e. taking into consideration the
    editorial content of the programme, its
scheduling, the audience’s likely expectations,
any warning should and must be given before
    hand to raise awareness to the viewer         Viewers should be clearly forewarned
                                                  of any potentially harmful or offensive
                                                  material so they can make their own
                                                  informed choices about what they and
                                                  their children watch. This usually
                                                  requires clear on-air pre-transmission
                                                  warnings.
Truth and Accuracy                     Programmes must be true and accurate. It is
                                         the responsibility of programme-makers and
                                          broadcasters to ensure that viewers are not
                                                             misled.




Programmes should not condone or glamorise
  violent, dangerous or seriously anti-social
   behaviour, especially where it is likely to
  encourage others to copy such behaviour
Any discriminatory treatment or
    language e.g. on grounds of age,
 disability, gender, race, religion, beliefs            Programmes including exorcism,
  and sexuality must be justified by the                 the occult and the paranormal
 context. Nothing transmitted should be                   will require careful handling
   purposely intended to stir up racial
    hatred or, taking into account the
    circumstances, be likely to do so.
                                   Programmes should show respect for human
                                     dignity. In news and factual programmes,
                                    showing people in distress and in sensitive
                                  situations requires clear editorial justification.
Representation                   Similarly, in entertainment programmes, careful
                                  consideration must be given to humour based
                                     on the plight or misfortune of individuals.
As far as the programme scheduling goes, the rules apply to all;
including trailers and promotion advertisements.
Depending on the context of the sequence will determine when the
clip will be shown on TV and when it is most appropriate.


        The transition of the more ‘adult’ like programmes begin by the adverts.
        The adverts gives an insight to the audience especially if children are
        watching too.
        The advertisements builds up to the programme as if it’s an introduction,
        this is called a gradual transition.




                    If it is not picked up on then almost always a ‘flag up’ will have been
                    given, to give and inform the viewers about what they should expect
                    from this up coming programme.
Expectations of channels

All TV channels are there to represent itself but sometimes, hardly ever, a miss
                           understanding may occur.
          Many TV channels have given a reputation for themselves!
                             Examples of these are:
                                 BBC1 and MTV.
 You would expect to see factual programmes on BBC1 with appropriate media
language used, whereas, MTV have a reputation for there reality TV shows and
                            the use of bad language.
       However both these TV channels are aimed at different audiences!
Secret Filming



                                                     Producers must set out in
Before any secret filming is                         writing their justification for
undertaken,                                          covert filming/
there are detailed guidelines you                    recording. It must satisfy the
must                                                 provisions of
                                                     Section 8.13 of the Code.




                         Individuals must not normally be
                         filmed
                         or recorded secretly for inclusion in
                         a
                         programme unless approved by the
                         broadcaster in advance.
Reconstructions
• All reconstructions must be fair and accurate.
• If there is a risk that viewers might be misled,
  reconstructions should be labelled as such to
  avoid confusion.

• Where there is risk of causing distress by
  reconstructing actual events, appropriate
  parties should be informed.
Payments
• Do not make payments to sources or contributors without
  reference to and the approval of the broadcaster.

• You must seek advice from the programme lawyer before making or
  promising to make any payment to a convicted or confessed
  criminal.
• You must not make any payment or promise to make any payment
  to any witness or defendant involved in any kind of legal
  proceedings without the consent of the commissioning editor and
  programme lawyer. Where criminal proceedings are likely and
  foreseeable, again never pay or promise to pay a potential
  witnesses without first consulting with your commissioning editor
  and taking advice from the programme lawyer.
Dealing with Contributors
•   If advertising for contributors, the wording of adverts should be approved by the
    commissioning editor and programme lawyer.

•   Contributors should take part in programmes on the basis of their informed
    consent.

•   Consent should normally be in the form of a signed release form, although
    consent on camera may be satisfactory.

•   Any 'set-ups' or use of deception must be justified by the public interest and this
    must always be agreed in advance by the broadcaster, unless it is intended to
    seek consent of those filmed before broadcast.
•   Letters to key prospective contributors should be approved by the
    commissioning editor and programme lawyer before being sent.

•   Any approach to seek a response (right of reply) in relation to significant
    allegations or criticisms must be discussed and approved in advance by the
    programme lawyer.
•   Any conditions placed on interviews by contributors must be agreed by the
    programme lawyer before programme-makers accept. Programme-makers
    cannot agree to give contributors previews of programmes without the consent
    of the commissioning editor. Editorial control must never be ceded.
- Any attempt to seek an interview without prior arrangement
i.e. a ‘doorstep', must
be discussed and approved by the programme lawyer in
advance.


 - Programme-makers must comply with the rules on
payments.
Interviews must be fairly edited.

- Individuals in distress should not be put under pressure to
  agree to be interviewed or otherwise take part in a
  programme.

- If filming with the police or other authorities, seek advice from
the programme lawyer.

 - If a source seeks an absolute guarantee of anonymity seek
immediate advice from your programme lawyer.
Fairness and privacy
• We must avoid the unfair treatment of
  individuals and organisations in programmes.

• If the programme you are making involves
  criticising or making any damaging allegation
  about any living individual or organisation,
  seek advice from your programme lawyer.

• Any significant infringement of privacy of an
  individual or organisation, in the making or
  broadcast of a programme, must be
  warranted by the public interest
Criminality

Programmes involving criminals or about
criminality require special care and are likely to
be legally contentious
Impartiality

• Programmes dealing with matters of
  political or industrial controversy or
  matters relating to current public
  policy should be duly impartial.
Potentially Offensive Material
• Material with the potential to cause offence
  e.g. strong language, violence, sexual
  violence, explicit sexual portrayal etc. must
  always be justifiable by the context.

• Advice should be given from
  the legal & compliance department at an
  early stage.

• The commissioning editor, on the advice of
  the programme lawyer, will ensure that an on-
  air warning is given to viewers, where
  appropriate
Commercial References
- Programmes should not give undue
prominence to commercial products or services.
Product placement is prohibited.

- Where programmes contain viewer
  competitions and/or premium rate telephone
  lines for viewers to call, seek advice from the
  programme lawyer.

- Sponsored programmes must not contain
  promotional references to the sponsor, its
  activities or products or services.

- Advertisements or clips from advertisements
  used within programmes will require strong
  editorial justification.

- Always seek advice from your programme
  lawyer.
Aileen.
Aileen directed by Nick Broomfield.
This documentary is a well known successful factual documentary, it is hugely successful for the way
the documentary is exposed to everyone and also the content in which filmed.

Through the use of the codes and conventions, Nick Broomfield stuck to a strict schedule by only
showing the documentary after 9:30pm to 5:30am. This is ideal as it protects the viewers from harmful,
offensive material.
By adding in the certificate of 16A it also informs the audience that the content that will be shown
throughout the documentary is only suitable for 16yr olds and over.

If anyone decides to ignore the certificate given and is disturbed by the footage shown it is only their
fault as they were warned and decided to purposely ignore all the information they would have
benefitted from. They watched the programme at their own risk.
All the information that was shown on the documentary is all factual based, it is important that the
audience are not miss led.
Another factor was that the documentary did not condone or justify the violence for sawn, as this could
lead to others copying such behaviour as they believed their actions are justified. In addition the
programme shows respect for people in distress and sensitive situations, this is shown and justified
editorially.
My 9 minute Documentary…
                     My nine minute documentary will be suitable for people under the
 Under 18’s
                     age of 18 however it would be only be shown from 9pm and after.



                     There is a possibility that strong may be used throughout my
 Strong Language     documentary. But because it will be shown after 9pm it shouldn't
                     matter as much, but if young children are going to be watching it
                     will therefore be the parents responsibilities about what their
                     children hear and see.


Truth and Accuracy
                       My documentary is going to be very truthful. We cannot
                       promise that nothing will be set up purely for the audiences
                       entertainment but it will be a reality factual documentary.
We intentionally will not be using the technique of secret
 Secret filming             filming in our documentary however we can not promise
                            anything. Secret film maybe set up for the viewers
                            entertainment.



                            My peers and myself will not be reconstructing an
 Reconstruction
                            original ghost story. The footage that we film we not be
                            acted out.


           Payments         We will not be getting paid for a class 9 minute
                            documentary.


                                Every advertisement that is released about our nine
Dealing with contributors       minute documentary will have to be approved by the
                                contributors before it is out in the public eye.
If our programme is uncomfortable for some
Fairness and Privacy
                             audience members to watch then it would
                             be best to seek advice from the programme
                             adviser..




Criminality                  There will be no criminal based material
                             throughout our 9 minute factual programme.




                              - We’re dealing with the superstition of ghost
Potential Offence Material      occurring in the Henley college basement.
                              - This could potentially offend any non religious
                                groups of people and also

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Media regulations

  • 1. Media Regulations - PROTECTING UNDER 18s & HARM AND OFFENCE
  • 2. Balance - a situation in Accuracy - the which different quality or state of being correct or precise Glossary elements are equal or in the correct proportions: Objectivity - A proposition is generally considered Impartiality - to be objectively true when its truth conditions are treating all rivals or met and are "mind-independent"—that is, not met disputants equally by the judgment of a conscious entity or subject. Access - the right or Representation - the action of opportunity to use or speaking or acting on behalf of benefit from something someone or the state of being so represented Privacy - a state in which Bias - a concentration on or one is not observed or concern in one particular area disturbed by other people or subject Opinion - a view or judgement Subjectivity - based on or formed about something, not influenced by personal necessarily based on fact or feelings, tastes, or opinions: knowledge
  • 3. Watershed. • In television, the term watershed means the time period in a television schedule during which programs with adult content can air. • a television watershed also serves as a dividing line – it divides the time between where content for families and/or children has to be aired, and where content aimed towards an adult audience can be aired Examples of adult content include, but are not limited to, graphic violence, horror, strong language, nudity, sexual intercourse or reference, drug use, and/or suggestive themes. In most countries, the same set of rules also apply to commercial advertisements
  • 4. Interviews • Many interviews in documentaries rely on who they’re interviewing and also what the matter is and timing of the interview. • Many interviewee's have a biased opinion the subject matter. They hardly ever argue for both sides of the story. They almost try and persuade the audience to be on the same side as they are, and with supporting evidence and archive footage, there is more reason to support their ideas on the topic.
  • 5. Issues facing producers of factual programming..
  • 6. Under 18’s Under 18s must be protected from potentially harmful and offensive material. One of the main ways of achieving this is through the appropriate Anything unsuitable for any viewers must be scheduling of programmes. shown at nine pm or later. Nothing unsuitable for children should, in general, be shown before 9pm or after 5.30 am. there should then be a gradual transition to more adult material, generally, the more adult in nature a programme is, the later in the schedule it should appear.
  • 7. The main way in which under 18s may be protected from potentially harmful and offensive material is through the appropriate scheduling of programming. In practice this means that, as a general rule, the more adult in nature the content is, the later it should be broadcast, with the 9pm watershed being the crucial point in time before which material unsuitable for children should not generally be broadcast. parents are expected to take full increasing responsibility for their children’s viewing. Parents may need to take into account that by their children viewing a programme that is showing from 9pm onwards that this could have a huge impact on their physical, mental, and moral development.
  • 8. Harmful or offensive material includes strong language, violence, sexual behaviour etc.. Its inclusion must be justified editorially and by Strong Language the context i.e. taking into consideration the editorial content of the programme, its scheduling, the audience’s likely expectations, any warning should and must be given before hand to raise awareness to the viewer Viewers should be clearly forewarned of any potentially harmful or offensive material so they can make their own informed choices about what they and their children watch. This usually requires clear on-air pre-transmission warnings.
  • 9. Truth and Accuracy Programmes must be true and accurate. It is the responsibility of programme-makers and broadcasters to ensure that viewers are not misled. Programmes should not condone or glamorise violent, dangerous or seriously anti-social behaviour, especially where it is likely to encourage others to copy such behaviour
  • 10. Any discriminatory treatment or language e.g. on grounds of age, disability, gender, race, religion, beliefs Programmes including exorcism, and sexuality must be justified by the the occult and the paranormal context. Nothing transmitted should be will require careful handling purposely intended to stir up racial hatred or, taking into account the circumstances, be likely to do so. Programmes should show respect for human dignity. In news and factual programmes, showing people in distress and in sensitive situations requires clear editorial justification. Representation Similarly, in entertainment programmes, careful consideration must be given to humour based on the plight or misfortune of individuals.
  • 11. As far as the programme scheduling goes, the rules apply to all; including trailers and promotion advertisements. Depending on the context of the sequence will determine when the clip will be shown on TV and when it is most appropriate. The transition of the more ‘adult’ like programmes begin by the adverts. The adverts gives an insight to the audience especially if children are watching too. The advertisements builds up to the programme as if it’s an introduction, this is called a gradual transition. If it is not picked up on then almost always a ‘flag up’ will have been given, to give and inform the viewers about what they should expect from this up coming programme.
  • 12. Expectations of channels All TV channels are there to represent itself but sometimes, hardly ever, a miss understanding may occur. Many TV channels have given a reputation for themselves! Examples of these are: BBC1 and MTV. You would expect to see factual programmes on BBC1 with appropriate media language used, whereas, MTV have a reputation for there reality TV shows and the use of bad language. However both these TV channels are aimed at different audiences!
  • 13. Secret Filming Producers must set out in Before any secret filming is writing their justification for undertaken, covert filming/ there are detailed guidelines you recording. It must satisfy the must provisions of Section 8.13 of the Code. Individuals must not normally be filmed or recorded secretly for inclusion in a programme unless approved by the broadcaster in advance.
  • 14. Reconstructions • All reconstructions must be fair and accurate. • If there is a risk that viewers might be misled, reconstructions should be labelled as such to avoid confusion. • Where there is risk of causing distress by reconstructing actual events, appropriate parties should be informed.
  • 15. Payments • Do not make payments to sources or contributors without reference to and the approval of the broadcaster. • You must seek advice from the programme lawyer before making or promising to make any payment to a convicted or confessed criminal. • You must not make any payment or promise to make any payment to any witness or defendant involved in any kind of legal proceedings without the consent of the commissioning editor and programme lawyer. Where criminal proceedings are likely and foreseeable, again never pay or promise to pay a potential witnesses without first consulting with your commissioning editor and taking advice from the programme lawyer.
  • 16. Dealing with Contributors • If advertising for contributors, the wording of adverts should be approved by the commissioning editor and programme lawyer. • Contributors should take part in programmes on the basis of their informed consent. • Consent should normally be in the form of a signed release form, although consent on camera may be satisfactory. • Any 'set-ups' or use of deception must be justified by the public interest and this must always be agreed in advance by the broadcaster, unless it is intended to seek consent of those filmed before broadcast. • Letters to key prospective contributors should be approved by the commissioning editor and programme lawyer before being sent. • Any approach to seek a response (right of reply) in relation to significant allegations or criticisms must be discussed and approved in advance by the programme lawyer. • Any conditions placed on interviews by contributors must be agreed by the programme lawyer before programme-makers accept. Programme-makers cannot agree to give contributors previews of programmes without the consent of the commissioning editor. Editorial control must never be ceded.
  • 17. - Any attempt to seek an interview without prior arrangement i.e. a ‘doorstep', must be discussed and approved by the programme lawyer in advance. - Programme-makers must comply with the rules on payments. Interviews must be fairly edited. - Individuals in distress should not be put under pressure to agree to be interviewed or otherwise take part in a programme. - If filming with the police or other authorities, seek advice from the programme lawyer. - If a source seeks an absolute guarantee of anonymity seek immediate advice from your programme lawyer.
  • 18. Fairness and privacy • We must avoid the unfair treatment of individuals and organisations in programmes. • If the programme you are making involves criticising or making any damaging allegation about any living individual or organisation, seek advice from your programme lawyer. • Any significant infringement of privacy of an individual or organisation, in the making or broadcast of a programme, must be warranted by the public interest
  • 19. Criminality Programmes involving criminals or about criminality require special care and are likely to be legally contentious
  • 20. Impartiality • Programmes dealing with matters of political or industrial controversy or matters relating to current public policy should be duly impartial.
  • 21. Potentially Offensive Material • Material with the potential to cause offence e.g. strong language, violence, sexual violence, explicit sexual portrayal etc. must always be justifiable by the context. • Advice should be given from the legal & compliance department at an early stage. • The commissioning editor, on the advice of the programme lawyer, will ensure that an on- air warning is given to viewers, where appropriate
  • 22. Commercial References - Programmes should not give undue prominence to commercial products or services. Product placement is prohibited. - Where programmes contain viewer competitions and/or premium rate telephone lines for viewers to call, seek advice from the programme lawyer. - Sponsored programmes must not contain promotional references to the sponsor, its activities or products or services. - Advertisements or clips from advertisements used within programmes will require strong editorial justification. - Always seek advice from your programme lawyer.
  • 23. Aileen. Aileen directed by Nick Broomfield. This documentary is a well known successful factual documentary, it is hugely successful for the way the documentary is exposed to everyone and also the content in which filmed. Through the use of the codes and conventions, Nick Broomfield stuck to a strict schedule by only showing the documentary after 9:30pm to 5:30am. This is ideal as it protects the viewers from harmful, offensive material. By adding in the certificate of 16A it also informs the audience that the content that will be shown throughout the documentary is only suitable for 16yr olds and over. If anyone decides to ignore the certificate given and is disturbed by the footage shown it is only their fault as they were warned and decided to purposely ignore all the information they would have benefitted from. They watched the programme at their own risk. All the information that was shown on the documentary is all factual based, it is important that the audience are not miss led. Another factor was that the documentary did not condone or justify the violence for sawn, as this could lead to others copying such behaviour as they believed their actions are justified. In addition the programme shows respect for people in distress and sensitive situations, this is shown and justified editorially.
  • 24. My 9 minute Documentary… My nine minute documentary will be suitable for people under the Under 18’s age of 18 however it would be only be shown from 9pm and after. There is a possibility that strong may be used throughout my Strong Language documentary. But because it will be shown after 9pm it shouldn't matter as much, but if young children are going to be watching it will therefore be the parents responsibilities about what their children hear and see. Truth and Accuracy My documentary is going to be very truthful. We cannot promise that nothing will be set up purely for the audiences entertainment but it will be a reality factual documentary.
  • 25. We intentionally will not be using the technique of secret Secret filming filming in our documentary however we can not promise anything. Secret film maybe set up for the viewers entertainment. My peers and myself will not be reconstructing an Reconstruction original ghost story. The footage that we film we not be acted out. Payments We will not be getting paid for a class 9 minute documentary. Every advertisement that is released about our nine Dealing with contributors minute documentary will have to be approved by the contributors before it is out in the public eye.
  • 26. If our programme is uncomfortable for some Fairness and Privacy audience members to watch then it would be best to seek advice from the programme adviser.. Criminality There will be no criminal based material throughout our 9 minute factual programme. - We’re dealing with the superstition of ghost Potential Offence Material occurring in the Henley college basement. - This could potentially offend any non religious groups of people and also

Notes de l'éditeur

  1. Representation Expectations of channels secret filming ReconstructionsDealing with contributorsPaymentsFairness and privacyCriminalityImpartilityPotentially offence materialCommercial refrences
  2. Potentially offence materialCommercial refrences