Lo2 workbook

BTEC ExtendedDiplomainCreativeMedia Production
Unit 7: Understanding the Creative
Media Sector
Learning outcome 2:
Understand ethical and legal constraints
within the media sector
Name: Robbie Hickman

Understand legal constraints in the creative media sector
Use this workbook to help you with this learning outcome. There is some guidance
and further notes which you should read and then remove, replacing it with your own
answers.
Are representations ever realistic?
Media representations define the way different individuals or places are shown in certain
types of media e.g. on TV. Representations should not be considered as realistic because
they are simply a portrayal of someone or something in a particular manner that is not
always a correct depiction. Representations tend to rely on the subject in relation to an
audience and producers tend to portray groups of people to consumers who have little to no
understanding of them whatsoever i.e. they do not know them therefore they might pay
more attention to the way in which they are represented on-screen.
For example, the teenage generation of today is represented in a negative way, most likely
due to the fact that they are considered immature as well as the cause of many problems in
society e.g. vandalism. Therefore, teenagers today are prejudiced against; this is shown by
the fact that producers tend to make assumptions that aren’t based on their own
experiences or reason, but on a generally small amount of reports or incidents that have
occurred involving teenagers in the past. This supports the fact that representations in
general are not realistic, mainly because they do not have a great deal of evidence to
support them apart from solely negative elements as opposed to any positive aspects most
of the time e.g. teenagers might be smart.
What sort of things can influence the representations that we see?
There are various things that can influence the representations we see. Such
representations could include images of a certain location e.g. a nearby town or city, the
characteristics of a gender e.g. females or the lifestyles and attitudes or teenagers. First of
all, consumers tend to have their own ideas about representations based on past
experiences of their own. For example, if a person was bullied as a teenager, that person is
likely to have developed a negative view on teenagers in general. This could explain why
teenagers are represented in a negative way in the media as causing problems in a society,
etc. People might have also lived in a certain place e.g. the outskirts of London like
Croydon which is a dangerous place and, based on their stressful experience in an area
like that; they might assume the whole of London is exactly the same even though they
have only lived in a certain region. London is a big city.
People may have also absorbed a representation at a young age, or one that had a
significant impact on the way they perceived the world around them, so that they assume
the representation they saw is real and that any representation like that would be correct
even if it was false or lacking in evidence. Consumers might also have opinions of their own
on the world and their own fears could be confirmed; for example, how savage, careless or
threatening teenagers can be by something they saw on the news e.g. a riot.
Find an example of representation and explain what you are seeing:

https://www.youtube.com/watch?v=3WmMhircZOc
This is a YouTube video depicting the ‘city-wide spate of riots, looting and arson’ that
occurred in London in Summer 2011. The video shows how the national crisis unfolded
through use of footage of people engaging in criminal behaviour and police forces
attempting to stop the chaos. It highlights the disbelief of people, as well as the anger and
hatred against the police on a severe level. The video could be considered a negative
impression on the city of London, as well as the entire nation. People living in other
countries might assume Britain is a violent place just because of chaos in one city. This
could also be a negative representation of the British in general, or the population of
London. This is clearly a negative representation because all of the negative aspects e.g.
people yelling profanities, cars and houses on fire, bottles being thrown etc. are shown
throughout. Anything positive about London is left out in the video, and there is no mention
of hope that things will return to normal in the city.
The negative representation is created through use of certain forms of imagery e.g. burning
cars, damaged shops and people throwing bottles at police. The video highlights the effects
of the chaos, but it also implies that London is a dangerous place and this is not a good
impression. The language the narrator uses throughout such as ‘midnight chaos’ and
‘increasingly dangerous’ could evoke emotion within those who are watching the video, and
people are likely to believe that the whole of London is not a safe place to live and that the
things appearing within the video are the norm. The representation might have been
created in this way with the purpose of implying the fierce nature of the rioting and the
severe effect the chaos had on areas of London, as well as to gain audience attention.
However, the producers of the video have unintentionally created a negative impression on
London and its people in the process. The producers may have also intended to give
people an idea as to what the chaos would have been like.
How many categories of word do Ofcom have? Explain each one.
Office of Communications (OFCOM) has three different categories for words that could be
considered offensive to many people in various ways e.g. people can react differently to
different words in their own set of guidelines for TV programmes (which OFCOMregulates).
Certain words are required to be shown at certain times of the day e.g. the watershed. The
watershed begins at 9pm and ends at 5.30am.
Category 1: At this category, TV programmes are generally unsuitable for children and may
even be harmful to them. There is a transition to more adult material here e.g. sexual
content, disturbing or graphic imagery or profanity; children are very likely to be distressed
by all of these. Offensive language is allowed at this category, however the watershed does
not mean frequent use of very strong language or strong gory images are allowed in TV
programmes. Things like these are likely to be broadcast later in the evening, and any
programme featuring the aforementioned material is not to be broadcast before 9pm.
Category 2: There are strict rules regarding what can be shown on TV before the
watershed. At this category, programmes can also feature offensive language which would
make them unsuitable for broadcast before the watershed, although some programmes can
still be shown before 9pm. There are exceptions; for example, the least offensive categories
of word are allowed in programmes as long as they are justified by the context of the
programme. Programmes rated as 15 must not be shown before the watershed, however
programmes that are rated as 12A e.g. the Simpsons and Futurama can be shown. This

category generally features programmes that can be considered as slightly offensive so that
they offend a small amount of people e.g. those who are very sensitive to language, though
they aren’t considered offensive enough to be shown after 9pm. To avoid this, offensive
language must not be frequent.
Category 3: Programmes at this category are pre-9pm, although restrictions do apply.
Programmes featuring the most offensive profanities are allowed, however these must be
edited or bleeped out, or even have the sound dipped completely. The speaker’s mouth
may also be obscured as well, and any instances of nudity are required to be pixelated to
obscure them also. In the most ‘exceptional circumstances’, profanity can be included in
children’s programmes. A word like ‘bloody’ is allowed because it is inoffensive and unlikely
to offend others e.g. children before 9pm.
Why does Ofcom have this list of words? Do you think there should be restrictions
on when certain words can be used?
OFCOM possesses these three different categories of word because they have a purpose:
to protect children or those who are sensitive to offensive language, violence etc. from
material on TV and Radio that could be considered harmful and offensive towards them.
This is the most important duty of OFCOM; to ensure programmes are suitable and that the
public is not offended in any way. They may also have them because it allows people to
identify what they deem suitable for their children or themselves to watch e.g. programmes
before 9pm that are generally suitable for children.
I agree that there should be restrictions regarding when certain uses of offensive language
should be used. The presence of the watershed means that a certain group of people e.g.
adults can view content that would be offensive towards children at a certain time rather
than have their children accidently coming across material that would be harmful to them at
an early time e.g. the morning or afternoon. In essence, TV is ‘safer’ in many ways.
However, I disagree with the fact that the strongest terms e.g. the c-word should be
broadcast later in the evening (hours after 9pm). It is obvious that programmes can be more
offensive after 9pm in general and that people understand what kind of things they are likely
to come across at that time. In my opinion, people should be careful after 9pm on TV
programmes as any instance of profanity (as long as this is not frequent and is also
justified) can be included after 9pm. Based on research I have undertaken, the c-word has
the highest potential to cause widespread offence due to its severity, and religious
exclamations like ‘Jesus Christ’ etc. could cause serious offence, especially if they are
supplemented with the f-word.
Based on this research, it is obvious that a wide range of people can be offended easily.
This necessitates the presence of the watershed or the requirement to bleep out swear
words to ensure the well-being of the millions of people who watch programs, and also to
avoid criticism against companies like OFCOM. Therefore, it is important that we have
these restrictions.
Why does the NUJ produce language guidelines?
The National Union of Journalists (NUJ) stands for the high journalistic standards of the
NUJ code of conduct and aims to take a stand for ethical journalism. It is a trade union for
journalists based in the United Kingdom and Ireland and it is quite large, having 38,000
members. The union has a democratic structure and it is also a decision-making body. The
National Union of Journalists is a member of the International Federation of Journalists, a
global union federation aiming to protect the rights and freedom of individuals, support

human rights and solidarity, and end corruption and poverty.
The NUJ is required to provide guidelines for many different types of news reporting. The
reason for this is because journalists may imply, though unintentionally, that different
groups of people e.g. those with a specific disability are negative in some way. For
example, when discussing a wide range of issues they might refer to people with severe
mental disorders and imply that they are criminals, when in actuality they are in need of
help. They are not bad people. They may also refer to people with disability issues
negatively e.g. deaf and dumb, in a wheelchair. The main aim of the International
Federation of Journalists is to promote solidarity and protect the rights of individuals. As a
member of this global organization, the NUJ are required to ensure these are fulfilled. To do
so, they require that journalists be careful with how they describe others whilst discussing
issues on TV. This helps to protect the rights of people.
Should we protect groups of people by putting in place guidelines on how we talk
about them?
In my opinion, it is important that companies provide specific guidelines for journalists when
it comes to talking about or referring to individuals and/or places. Many problems can arise
if a group of people assume they are being referenced in a way that is unfair; or if they feel
prejudiced against while watching a television programme. Companies will be required to
deal with complaints from certain groups of people e.g. those with disabilities. The danger is
that other people might watch a news report that implies the wrong things about immigrants
(for example, through use of terms like illegal or criminals), and may be influenced and
mislead to believe those things are true and that group of people is inadequate and do not
have equal rights. This supports the fact that journalists must not describe people
negatively, even if they do not intend to, because they would be doing this on live TV with
millions of people watching.
Representations can be influenced by the language journalists are using on news
programmes. For example, if a journalist uses words like ‘developing’, ‘judgemental’,
‘reluctant’ or ‘clumsy’, a negative representation of teenagers would be created as this
group is regarded as weaker than others e.g. adults. A false impression is created of
teenagers being a nuisance, causing problems in society etc. and people may even agree
with this, especially if they have experienced problems with teenagers themselves.
Using certain forms of language e.g.
emotive is wrong because people could
interpret it in a way that would lead them to
dislike certain groups of people. For
example, using emotive language against
immigrants can be very damaging and in
my opinion, it is a way of attacking a group
of people. This article is a good example of
how people reference immigrants in a
negative way. The headline: “British Towns
Being Swamped by Immigrants” can be
considered offensive because it implies that people all over the country are getting
impatient and do not welcome people who are actually refugees fleeing across Europe
because they want to escape the conflict in their own country. Although this won’t be
entirely true (i.e. the British government does not think in this manner), the headlines of
articles and news reports on TV suggest something that can offend a large group of people,
even if they do not intend to.

There are 3 ways in which a broadcaster can make it easier for people with a
disability to access its programmes. What are they?
BBC (British Broadcasting Company) sometimes repeats programmes at a certain time
during the day; in these repeated programmes, OFCOMservices for consumers who have
a certain disability e.g. deaf or hard or hearing or sight problems appear on-screen. These
are:
Subtitling: this is defined as text shown on-screen to represent speech and sound effects
within a TV programme. The service would apply to those who have hearing impairments
and speech and sound effects within programmes would not be audible to them. The text
and sounds are usually synchronised as closely as possible to what appears on the screen,
therefore ensuring people who are deaf or hard of hearing can enjoy a programme without
expressing frustration at inaccuracy of the subtitles. TV broadcasters are required to
provide subtitles for the most popular programmes which are prioritised. However, a broad
range of programmes that appeal to a variety of different viewers are also focused on.
Signing: Signing, also known as sign-language, comprises the use of gestures, facial
expressions, body language etc. in an effort to convey what people on a television
programme are saying as best as possible. Sign language is the method deaf or hard of
hearing people use as their own way to communicate with or understand others due to the
fact that they cannot hear properly. This service is very common in that there is such thing
as ‘signed programmes’. These appear 5% of the time on a TV channel and take the form
of repeated programmes from different times of the day, but with a person shown at the
bottom corner of the screen providing deaf-sign language. This is evident through repeated
use of gestures and facial expressions by the person. Signed programmes appear at
certain times during the day and not at all times; in this case, distraction could be caused to
those who have no impairments and do not wish to see the signer whilst watching a
programme.
Audio Description: Audio description takes the form of an additional commentary heard
throughout the course of a TV programme, usually from a narrator in the background
providing a voice-over. The narrator describes the narrative and action within a film or TV
programme in a formal manner, and even though the commentary is taking place, people
who have sight problems are still able to enjoy whatever they are watching because the
soundtrack of the programme can still be heard as the narrator is speaking. This service
applies to people who are blind or partially sighted, and is necessary for people with
conditions of this nature to still enjoy the programme they are watching even though they
can’t see the action taking place. The commentary would help to create a picture within the
mind of the blind/partially sighted person.
Who ensures that broadcasters are making their programmes accessible? What are
the consequences for broadcasters if they do not meet their accessibility
requirements?
Regulatory organizations are responsible for regulating the content and output of
broadcasters as well as other companies. They do their job by ensuring that media
companies do not break the law or mislead, harm or offend the public in any way. Such
regulatory bodies include the Advertising Standards Authority (ASA) and the Office of
Communications (OFCOM) which regulate Adverts and TV/Radio respectively. They each
have their own set of responsibilities; for example, the key responsibilities of OFCOMare to
ensure broadcasts and TV programmes appeal to a wide range of audiences, protect
audiences from being targeted and treated unfairly e.g. prejudice, and deal with audience

complaints. As stated, OFCOMis responsible for ensuring broadcasting companies are
making their programmes accessible to everyone, including those with disabilities like sight
or hearing problems through use of services like audio description and subtitling. This could
also apply to programmes featuring adult content e.g. violent themes which will not be
suitable for everyone, therefore necessitating the presence of the Watershed (9pm).
If television/radio broadcasters are not meeting their requirements (including accessibility,
answering complaints and avoiding unfair treatment of audiences), OFCOMwill be able to
punish them in various ways as they impose strict rules and take any breach against these
rules very seriously. For instance, OFCOMmay provide a fine to a broadcasting company
and issue penalties such as license revocation and even imprisonment. These are
examples of the legal powers OFCOM has which allow them to enforce the law.
In one such case of punishment by OFCOM: (see here: http://uk.businessinsider.com/ee-
ofcom-complaint-fine) the British mobile network operator and internet service provider EE
Limited was issued a £1 million fine in 2015 for failing to handle audience complaints
efficiently; one of the requirements of broadcasters. According to OFCOM, EE “mishandled
customer complaints that should have been referred to a special alternative dispute
resolution (ADR)” for a considerably long period of time (2011 – 2014). In other words, EE
failed to respond to the grievances of consumers which should be heard as the ADR
Scheme is a free initiative that anyone can access. In this case, consumers weren’t able to
access all the information they needed and deserved whilst pursuing complaints. This was
considered a ‘serious failure over an extended period of time’ by OFCOM who had
launched an investigation over EE’s issues in complaints handling.
Why do we have codes of practice?
Professional codes of practice are defined as the way media producers work and follow a
certain set of rules. Codes of practice tend to cover professionalism, self-regulation, and
setting penalties and consequences for breaches in rules. They are, in essence, the
framework that governs the commissioning of TV content and information about
agreements over the production of programmes. The reason why we have codes of
practice is to ensure relations between companies are fair. This is accomplished through
negotiations regarding rights, tariffs, programme pieces, payments etc. For example, the
BBC Code of Practice ensures fair relations between the British Broadcasting Company
(BBC) and other independent media companies, as well as including information about
license periods, exclusivity, distribution etc. The code has been approved by OFCOM and
states that the BBC will deliver content that has been funded by its compulsory license fee
to its audiences, ensure content commissioned in accordance with the code of practice will
remain vested in the producer who created it, and grant a license of public service rights
towards audiences.
Use one code of practice and investigate it in detail:

The ITC Programme Code is a code of broadcasting practice in the United Kingdom. It
rules that certain programmes (those containing adult themes) must be shown after the
Watershed (9pm) as they are not suitable for children. The code is responsible for ensuring
offensive material e.g. racist jokes are subject to regulation, as well as making
considerations regarding the suitability of other content e.g. violence on TV programmes.
This code of practice therefore applies to young audiences e.g. children or individuals who
are sensitive to violence and ensures that the public isn’t offended, harmed or mislead in
any way. It applies to children specifically due to the fact that they are at the age where they
would be most vulnerable to things they see on TV. In other words, they would be too
young to comprehend what is real and what isn’t. This necessitates the reason why certain
programmes are shown after the Watershed; the code is responsible for deciding which
programmes should be shown after 9pm so as to ensure children are protected from their
violent content which could be otherwise disturbing and/or distressing towards them.
The ITC Programme Code has specific guidelines and rules. First of all, they provide the
editorial standards which audiences are entitled to expect from television programmes
within the UK. It also ensures that requirements covering the content of programmes e.g.
offensive material such as violence are met, thus ensuring creativity, development and
innovation within television programmes today. Within the UK, all television operators must
possess a valid license provided by the ITC, and these license holders must comply with
the Programme Code by ensuring their programmes and services operate within its
framework. The ITC monitors the content and output of programmes and deals with
complaints from members of the public. If the code is breached in any way, the ITC can use
sanctions against license holders. All members are required to report to the ITC the manner
in which they deal with audience complaints as they receive them. The ITC takes all
complaints very seriously and will be forced to take action if they feel a complaint needs to
be justified in some way, with the licensee concerned.
A good example of one such case involving the ITC can be found here:
http://www.ofcom.org.uk/static/archive/itc/itc_publications/complaints_reports/programme_c
omplaints/show_complaint.asp-prog_complaint_id=405.html. On 3rd
– 4th
June 2015, a
series of complaints arose from the presence of substance use and sexual abuse in a
scene from a TV programme on Channel 4 which was considered to ‘glorify such actions
and lead to emulation’. A total of 12 viewers issued complaints towards the ITC as they
were concerned about the ‘portrayal of rape’ within the scene which could harm and/or
offend many people as it is highly disturbing. The ITC recognised this also, however they
defended the programme and its nature. They highlighted the fact that the drama explored
the lives of four men who were ‘at a crossroads in their lives’ and ‘indulged in drugs which
led to degradation and violence’ whilst considering the area of sexual violence. They further
defended the programme by stating that it was shown at a suitably late time (long after 9pm
at midnight) and that pre-transmission warnings on Channel 4 had signalled the nature of
the drama. Also, the producers of the programme did not intend to glorify the actions of
these men; instead, they wanted to evoke sympathy within the audience towards the
characters who were ‘emotionally scarred and paid with their jobs and relationships’.
Furthermore, the ITC highlighted the fact that the scene was not presented in a gratuitous
way, but rather in a way that could make the audience feel sorry for the main character who
will have been thinking ‘What have I done?’ as well as to build tension within the audience
to a certain extent of what was to come after. The actual scene involved the character
discovering a videotape and viewing what he and his friends had done (he had forgotten
afterwards). The playback of the video within the programme was ‘brief, grainy and
unglamorising’ so as to convey the savage nature of what the characters did and highlight it
as an act of brutality. In other words, nothing positive was implied by the scene and all the
negative aspects were put forward. The part of the code involved will have been the

statement that programmes must not feature sequences of highly disturbing and offensive
content unless ‘justified by their content’. The scene clearly was justified because the ITC
highlighted the nature of the program and confirmed that it wasn’t glorifying crime of that
nature.
The outcome was that the ITC concluded that the drama was not in breach of the
Programme Code in any way. This proves that the Code defended the nature of the scene
and highlighted its significance within a programme depicting the desperation, confusion
and hopelessness of ordinary individuals. The ‘generally excessive behaviour’ of the
characters was indeed justified and not a way of encouraging the viewer to emulate the
same thing.
What is the Broadcasting Act and what did it do?
The Broadcasting Act 1990 is a law provided by the British Parliament which is often
regarded as a ‘quintessential example of Thatcherism’ i.e. it represents the most perfect
example of the conservative politics, leadership and philosophy of former British Prime
Minister Margaret Thatcher. The terms characterized by Thatcherism are ‘monetarism,
privatization, and labour union reform’. This indicates that the Act is regarded in a fairly
positive manner by both its supporters and its critics. The primary motivation of the Act was
to reform the structure of broadcasting within the United Kingdom; previously, television
within the country had consisted of ‘restrictive practices’ as described by Margaret
Thatcher. The Act was highly influential because it helped to pave the way for drastic
changes in ownership and availability of media outlets, as well as the creation of Channel 5,
which at the time was considered the ‘fifth analogue television channel in the UK’. It also
stipulated that the British Broadcasting Company was to source 25% of the content and
output from independent production companies, as well as for the launch of three
independent commercial radio stations (two on the medium wave frequencies and the other
on the FM frequency).
The Act led to the abolishment of the Independent Broadcasting Authority, thus allowing for
the creation of different companies (as well as stations for radio) at a national and regional
level.
What is the Official Secrets Act?
The Official Secrets Act is a piece of law based in the United Kingdom, India, Hong Kong,
Malaysia and Ireland. It is legislation that allows for the protection of state secrets and
official information, mostly national security of countries. In the UK, people who work with
sensitive information are required to sign a statement to indicate that they abide by the
restrictions of the Official Secrets Act, which is a law that individuals are bound to, even if
they have not signed anything. Those who sign do so because they are under certain
obligations e.g. their employment involves access to information from MI5 or MI6 and that
they promise not to expose any information whatsoever.
Find an example of when it has been used and explain why it was used and what the
outcome was.

The Official Secrets Act was developed in 1911 (see here:
http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7422). It has been
amended many times throughout the years as different sections involving offences were
established. For example, Section 2 of the Act states that categories including security and
intelligence, defence, international relations etc. must be protected at all costs. This part of
the Official Secrets Act was established in 1989. The Act was has been used due to the
presence and growth of international espionage. In some cases, this was highly severe. A
good example of when the Act was used is the controversy involving British newspaper
employees who utilized phone hacking as a means of collecting illegal information. One
specific newspaper who used phone hacking is the News of the World.
News of the World engaged in phone hacking, police bribery and improper influence
exercises (https://en.wikipedia.org/wiki/News_International_phone_hacking_scandal) in
their own pursuit of stories. Such individuals affected by these illegal methods were Prince
Charles of Wales, Steve Coogan (English actor and impressionist), Milly Dowler (a murder
victim whose case was a mystery), and relatives of British Army Soldiers. Early
investigations by the Act were carried out in the 1990s, and others were carried out on the
phone hacking scandal in 2011 after it occurred in 2005-2006. The Act will have prioritized
these investigations because it is responsible for ensuring privacy, especially within
government companies and celebrities. The phone hacking scandal revealed information
about the aforementioned individuals and massive public pressure ensued as a result. The
phone hacking was widespread and there were revelations of wrongdoing which had the
potential to cause significant harm to those affected.
The Official Secrets Act conducted its investigations successfully, along with the Press
Complaints Commission. The investigations allowed for the Act to identify whose
information was exposed and who was affected by the illegal phone hacking. On 6 July
2011, British Prime Minister David Cameron announced that the phone hacking and police
bribery would be looked into, and following this, a number of arrests and convictions
occurred. Rupert Murdoch, the chairman of News of the World, was accused of being unfit
to ‘exercise the stewardship of a major international company.’ The Newspaper was closed
and is as of now defunct. The Press Complaints Commission was changed into the
International Press Standards Organization (IPSO).
Should we have an Official Secrets Act?
In my opinion, it is important that we have an Official Secrets Act as well as other services
of a similar type e.g. ones that control MI6 and MI5 because they are vital for preventing the
disclosure of information, especially that of the government. The fact that the Act exists is
also vital for ensuring no chaos takes place to an extent similar to that of the News of the
World Phone Hacking Scandal in which many people had personal information exposed
and their rights to a private life violated. People have the right to decide what they reveal
about themselves and should not be judged because of this. They also have the right to live
without any form of interference from the government. The Official Secrets Act is there to
ensure the wellbeing of citizens through the prevention of information getting disclosed
without authority, as well as to investigate and prevent spying. Under Section 1 of the Act,
‘a person commits the offence of spying if they enter a prohibited place, make a plan,
sketch, model or note which is calculated to be useful to an enemy; or communicate a plan,
sketch, model or note calculated to be useful to an enemy for any purpose prejudicial to the
safety or interests of the state’.
http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7422

What is the Obscene Publications 1959 and what is its definition of obscenity?
The Obscene Publications Act 1959 is an Act of Parliament which amended the law relating
to the publication of obscene material through the protection of literature and the
strengthening of the laws surrounding things like pornography. The Act reformed the laws
relating to obscenity; in other words, the level of offensive and/or disturbing material that is
allowed on television, in films and in music was considered strongly for the sake of ensuring
the public wasn’t offended in any way. The definition of obscenity by the Act stresses that ‘it
is an offence to publish, whether for gain or not, any content whose effect will tend to
"deprave and corrupt" those likely to read, see or hear the matter contained or embodied in
it.’
Give an example of a recent case involving the act (1990 onwards). What happened,
who was involved and what was the outcome?
An example of a case involving the Obscene Publications Act is the response to the 2011
Dutch Horror Film The Human Centipede II by the British Board of Film Classification. The
BBFC had deemed the film ‘just too horrible to show’ because it contained ‘brutality,
degradation and mutilation which posed a real risk to cinemagoers’. The film was denied an
18 certificate, effectively banning it in the United Kingdom and making supply of the film in
any format illegal. It was not only believed that the nature of the film would offend a large
number of people or cause them to emulate the violence within it; the BBFC actually
thought that the Human Centipede II ‘posed a real, as opposed to a fanciful, risk that harm
is likely to be caused to potential viewers’ and therefore took the rare move of ‘refusing to
classify the film and explaining that no amount of cuts would allow them to give it a
certificate.’ The Obscene Publications Act was involved because it was believed the Human
Centipede 2 would fall foul of it due to the fact that ‘There is little attempt to portray any of
the victims in the film as anything other than objects to be brutalised, degraded and
mutilated for the amusement and arousal of the central character, as well as for the
pleasure of the audience’ as stated by the BBFC.
The film focuses on the fantasies of the central character on the torture he inflicts on his
kidnapped victims in an attempt to recreate the concept of the Human Centipede, after
viewing the first film (the sequel is based in ‘real life’ and involves a ‘film within a film’). The
director of the Human Centipede films, Tom Six, defended the nature of his films, especially
the sequel. He even went as far as to criticize the BBFC over the rejection of his works. Six
even stated that he had given a warning before the release of the second film; he said that
part one would be "My Little Pony compared with part two".
However, the BBFC’s decision was refuted and censors accepted to provide a rating to the
movie after compulsory cuts were made. The overall result was that the British version of
the sequel appeared ‘heavily butchered’ thus implying how many offensive scenes were
present in the film. These offensive scenes consisted of ‘the death of a new born baby,
teeth getting hammered out’ etc. and the censoring of these scenes proved vital for
ensuring the film could be rated as appropriate for adult audiences to watch. The film
seemed ‘quite choppy in some places, but still watchable’.
What is the Video Recordings Act? Why was the Video Recordings Act introduced?

The Video Recordings Act 1984 is an Act of Parliament of the United Kingdom that was
passed in the year 1984, hence its name. It states that commercial video recordings of any
kind offered for sale or hire were required to carry a classification that has been agreed
upon by the Home Office. The British Board of Film Classification was designated as the
classifying authority of the VRA in 1985. Under the VRA, it is illegal to sell video works to
individuals who are under the age of the designated classification e.g. 18. If a work has
been refused classification, the Act states that it mustn’t be sold or supplied to anyone
regardless of age. The Act also states that video works must not depict violence, sex or
incite a criminal offence. If a video work of this kind is to be classified, the BBFC will require
cuts to be made.
The Video Recordings Act came into force because of the presence of ‘video nasties’ which
sparked moral panic within the United Kingdom. The VRA was, in essence, a legislative
reaction to the presence of highly offensive material that had the potential to harm others.
Before the VRA came into force, there were no regulations whatsoever as to what was
allowed to be made, therefore allowing for anyone to make what they desired no matter
how ‘sick’ it was. There were protests due to the disturbing nature of countless video works,
and something had to be done for the sake of ensuring people weren’t offended. This is
why the Video Recordings Act 1984 was brought in. From 1985 onwards, all video works
had to be submitted to the VRA for classification.
What were some of the films that were prosecuted by the Director of Public
Prosecution?
ABSURD:
This film was directed by Joe D’Amato and starred George Eastman who played the
leading role: ‘a mental patient who’s on the run from his former doctor’. In 1983, the film
was prosecuted by the Department of Public Prosecution due to the presence of highly
graphic and disturbing material such as ‘heads getting stuffed in ovens, hypodermic
needles in eyes, and an axe to the head’ among many other gory scenes. The film was
subject to the BBFC following prosecution and passed for a cinema release following a
series of cuts totalling 2 minutes 32 seconds. However, the disturbing film has ‘not seen the
light of day since then’.
BLOOD BATH:
Also referred to as ‘the Bay of Blood’, Blood Bath was a stalk and slash film made by Italian
director Mario Bava. It revolves around the struggle of a group of relatives as they attempt
to kill each other off so that the last one standing can own a desirable country mansion. The
film was prosecuted by the Department of Public Prosecution for repeated use of graphic
and disturbing imagery such as ‘people getting axes in the face and being repeatedly
stabbed’. The sick nature of the film will have resulted in that it was unsuitable for being
shown at cinemas. It was initially refused a certificate; however it was released following a
series of cuts totalling 43 seconds.
CANNIBAL HOLOCAUST:
Cannibal Holocaust revolves around a search and rescue team which heads into the
Columbian Jungle in search of a missing film crew who were actually killed by cannibal
tribes; the team learns this through the stock of film left behind by the deceased film crew
which depicts their gruesome deaths at the hands of the tribes they encountered. Cannibal
Holocaust was prosecuted by the Department of Public Prosecution and suffered many
outrageous claims, gaining controversy due to the presence of animal cruelty throughout.
The distributors were prosecuted for obscenity by the Department, despite the fact that they

had removed seven minutes from the film; these seven minutes will have encompassed the
most offensive moments from within the film.
What is the equality act?
The Equality Act 2010 is an Act of Parliament in the United Kingdom. It was established
with the purpose of ensuring that all different groups of people (including gender and race)
are treated in an equal way that is inoffensive and fair. The Act encourages the elimination
of discrimination, which is defined as the way someone is treated unfairly due to one of the
nine characteristics (as shown below). It also encourages the progression of the realization
of equality today, especially for people who are disabled. Under the Equality Act, people are
protected against unfair treatment on the grounds of specific laws; this could relate to
disability, discrimination and harassment.
What are the 9 protected characteristics?
Age
Sex/Gender
Race/Ethnicity
Pregnancy/Maternity:
Marriage/Civil Partnership
Sexual Orientation
Gender Reassignment
Disability
Religion and Belief
Can you find an example of a case involving the equality act? What happened and
what was the outcome?
A good example of a case involving the Equality Act can be found here:
http://www.telegraph.co.uk/news/uknews/8698042/Catholic-nurses-use-Equality-Act-to-
protect-their-pro-life-beliefs.html. The case revolves around two Roman Catholic Nurses
who won the right to avoid working in an abortion clinic. They accomplished this by
accusing the NHS of breaching equality laws. This case clearly revolves around one of the
9 Protected Characteristics: Religion and Belief because it highlights the thoughts and
feelings of two individuals who belong to a certain religion and follow certain teachings. In
some religions, abortion is highlighted as wrong because it is ‘like murder’. The nurses were
from overseas and worked at a London hospital to carry out nursing duties. The nurses also
worked at an abortion clinic once a week. At one point, both nurses were required to
‘induce a miscarriage’ using drugs to perform an early medical abortion. Because abortion
is a method used to terminate pregnancy, it is considered to be murder in some religions,
which is among the worst sins. Upon realizing this, the nurses refused to continue with the
work, however the managers insisted that they should despite their uncertainty.
The hospital later backed down when the managers understood that the nurses believed in
the sanctity of life, which was highlighted as a ‘philosophical belief’ which is protected under

the Equality Act. Any attempts to pressure the nurses to continue working in the clinic would
be illegal, therefore the nurses were allocated to other duties. However, by invoking the
Equality Act 2010, the nurses could have been given greater protection because trying to
pressure someone to commit something against his/her beliefs can be considered
‘discrimination, victimization or harassment’ and it interferes with the 9 Protected
Characteristics, therefore it also interferes with the Equality Act 2010.
The case is a good example because it represents ‘a rare example of equality laws’ for
Christians. It also has a fairly high level of severity as courts had ‘failed to protect religious
freedom’ as stated by the Act.
What protects people from journalists invading their privacy?
The Independent Press Standards Organization (IPSO) is an independent regulator of the
newspaper and magazine industry and it ‘exists to promote and uphold the highest
professional standards of journalism in the UK, and to support members of the public’. It
appears to operate in association with the Editor’s Code of Practice. This Code of Practice
is responsible for dealing with accuracy, invasion of privacy and intrusion into grief or shock
and harassment, whilst IPSO highlights concerns within newspapers and magazines
regarding editorial content as well as the conduct of journalists. This also highlights the
presence of the National Union of Journalists (NUJ).
There is such thing as Privacy Protection, which is provided by the Editors’ Code of
Practice as a key section of the Code. There are three aspects of privacy protection. They
are:
The right to a private life: this is defined as the human right to live peacefully without
interference from the government.
Privacy of Family Members: family members of celebrities who are famous have the right
to privacy i.e. just because they are related to someone who is well-known doesn’t
necessarily mean that they should be well-known as well. The actions of family members of
celebrities should not be considered within the interests of the public.
Super Injunctions: this is defined as a way of preventing information from being publically
enclosed. It can be considered as a directive approach to preventing the disclosure of
information on a specific issue.
This proves that the Independent Press Standards Organization, the Editor’s Code of
Practice, and the National Union of Journalists are all responsible for preventing the
unnecessary and possibly damaging invasion of privacy posed by journalism.
In addition, the National Union of Journalists must not intrude into anyone’s life unless
justified by the consideration of the public interest that would be overriding.
Find a privacy case and explain who was involved, what happened and what the
outcome was.
There are other Acts which relate to and prioritize the protection of privacy; one of which is
the Data Protection Act 1998 which is responsible for the protection of collected data. It
accomplishes his through providing specific ‘Data Protection Principles’. These are defined
as methods taken to protect data and prevent it from getting exposed, damaged etc. All
collected data must be relevant, be processed fairly and lawfully, must not be transferred
out of the country, and be collected for lawful reasons amongst many other principles. The
principles of Data Protection are important because they also ensure fair processing. In

other words, the person collecting the data has the right to inform the individual the
purposes for which the data is being collected, usually through what is known as a Privacy
Notice. There have been some cases where the Data Protection Act has been breached.
One in particular is an incident with SONY over failure to update security software on the
PlayStation Network. The Information Commissioners Office found out that SONY had
allowed a serious breach to occur within the network in April 2011. This facilitated the
exposure of massive amounts of personal information e.g. names, addresses, dates of birth
and credit card information which will have been highly dangerous, bearing in mind that
criminals could find this information. The breach allowed for hackers to break into the
PlayStation’s online store.
According to the BBC, the breach was one of the most serious some had ever come across
as the database was targeted by criminals and multiple attacks ensued. The outcome of
this incident was that SONY was fined £250,000 and received multiple complaints. For
example, someone on the BBC had stated ‘There's no disguising that this is a business that
should have known better’. This implies the disgust against SONY as it had ultimately
failed, despite the access it had to technical knowledge and resources which might have
prevented an incident of such nature from even happening, as well as ensuring the
protection of people’s information. Ever since, SONY has been able to ‘rebuild its service
from the bottom up to be more secure’, thus proving that the company had learned from its
mistakes.
Source(s): http://www.thedrum.com/news/2013/01/24/sony-fined-250k-over-serious-data-
protection-act-breach
What areas does the Copyright and Intellectual Propertylaw cover?
There are 4 different areas that are covered by the Copyright and Intellectual Property Law,
which was designed with the primary intention of protecting work that people have created
or invented. These areas are:
Patents: these are known as licenses or government authorities conferring a right or title for
a certain period of time, mostly with the purpose of excluding other individuals from making,
using or selling an invention until it has become well-recognized.
Trademarks: these take the form of symbols or words that are established by their purpose
of representing a specific media product, whether it is a film, a book, a character etc.
Copyright law ensures that trademarks are not stolen with the intention of representing
something else.
Designs: these can be defined as plans that are produced to present the
functions/workings of a product before it is made. This could refer to the pre-production
process or concept art in particular, of a media product. Intellectual law would cover the
designs of a media product before it is made publically available.
Copyright: copyright allows those who own a certain work to control how their own
product/material is used. The areas covered by copyright law are music, books, images,
videos, software, film etc.
Copyright can last for up to 50 years after a product that is made becomes publically
available; at that point, the copyright would expire and the property would be in the public
domain i.e. it is no longer covered. There are some media products that will never expire
e.g. Mickey Mouse. Copyright and Trademarks are the two areas that are most relevant to
the print industry. If a company has licensed content to someone else, for example, to hand
over the rights to make a film adaptation of a novel, then the former company would be paid

royalties after the latter company gains permission. The main advantages of Copyright and
Intellectual Law are that intellectual property is protected and income use of work is
received by companies.
Why is copyright important to the creative media sector?
In my opinion, copyright law is important to the creative media sector because it allows for a
strong sense of variety within the media. In other words, filmmakers can come up with
things of their own and, when their own works are made public, they can benefit over their
own ideas and feel assured that no one will steal them or attempt to alter them in their own
ways, for better or for worse. Copyright ensures that ideas are original and that the same
thing won’t be emulated over and over. For example, if someone came up with and
produced Star Wars and copyright and intellectual property laws were never put in place,
the media would be quite repetitive and therefore not ‘creative’ after all. It would be very
boring, and there is always the chance of certain individuals expressing great frustration
over work that they value as their own being copied over and over again.
Problems could arise within the media sector and companies might not make money if
people are refusing to see films, play games, or read books. It might get to the point where,
if most products are exactly same as each other e.g. in terms of narrative, characters and
locations, a negative impression could develop within the media in general and people
could refuse to interact with it altogether. Companies, entertainment stores etc. could lose
money. Things would certainly be far more difficult if certain laws and regulations were
never put in place, and everything stated above could show just how effective copyright and
intellectual law can be when it comes to the media sector.
Without them, other problems would most likely arise, mostly due to the fact that companies
will be making money from the ideas of someone else. The person who came up with the
idea would clearly be frustrated and might develop a feeling that they have been ‘thwarted’
in some way. The frustration of this person would only be made worse by the fact that
he/she would have no one to complain to. For example, if I had come up with an idea
during the pre-production process of a new video game and found out that someone else in
the department had stolen it and developed it in his/her own way, I would have been very
disappointed, especially if the idea was put forward by the company and that person had
gained credit for it.
A good example of the frustration that can arise during a copyright case is here:
http://www.theguardian.com/film/2012/sep/18/james-cameron-avatar-copright-case. The
case revolves around the complaints of Elijah Schkeiban, who wrote a screenplay for a film
titled ‘Bats and Butterflies’ towards James Cameron, who wrote and directed Avatar.
Schkeiban accused Avatar of being similar to the concept of his own works in many ways.
For example, the elements including a ‘weak hero’ and a plot twist in which ‘the bad guys
attack the good guys’ were highlighted in both Avatar and Bats and Butterflies. According to
the courts, the screenplay for Bats and Butterflies was ‘not substantially similar’ to Avatar,
highlighting the differences between a children’s book and an action movie as well as the
mood conveyed by Avatar, which was quite distinctive compared to Bats and Butterflies. It
was also stated that ‘bad guys attacking good guys is not copyrightable’.

What is libel? What must you be able to prove to win a libel case?
Libel is the term used to describe the publishing of a lie, whether it be imprinted or
broadcasted, about an individual or company which has the potential to harm their
reputation severely. Other similar terms include defamation and slander, which involve
commenting or lying about a person rather than publishing which also has the potential to
harm someone and their reputation. A person who has been damaged by a statement that
is libellous or defamatory has the right to sue the one who made the false statement. The
damaged person also has the right to claim money to ease the harm they obtained to their
reputation. These are known as damages. If one is able to win a libel case, it must first be
proved that the statements are based solely on fact rather than on personal opinion/or
mixed statements of opinion and fact. If the statements are based on facts that can be
proved, then the one who is trying to prove a libel case will win.
Find an example (not the one you were given in the lecture) of a libel case.
http://www.telegraph.co.uk/news/newstopics/madeleinemccann/11568725/Madeleine-
McCanns-parents-awarded-357k-in-Portuguese-libel-case.html
This is an example of a libel case which was won. The case involves Goncalo Amaral, a
police chief who investigated the disappearance of three year old Madeleine McCann, who
went missing from her family’s apartment in May 2007 on holiday whilst her parents were
out. The ensuing investigation led to multiple dead ends; this will have hampered the efforts
of the police and strained their confidence. The McCanns were cleared; due to lack of
evidence, the police investigation was shelved. Mr. Amaral, the chief who conducted the
investigation, wrote and published a book titled ‘the Truth of the Lie’ which accused
Madeleine’s parents of ‘faking their daughter’s abduction to cover up her death in the
apartment’. This resulted in tremendous damage to the McCanns; it caused emotional and
psychological harm to them. However in 2010, the parents of Madeleine won a court battle
in Lisbon to ban sales of the book. Mr Amaral was accused of libel, as well as breaching
human rights in a severe manner and causing damage to the investigation of Madeleine.
The outcome was that Amaral was forced to pay £357,000 in damages to the McCanns.
Afterwards, he was sacked from the investigation and further sales of his book were
banned. In the years since, Madeleine’s disappearance has become one of the most
famous cases of a missing person of all time. As of today, she has never been found.

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