Legal & Ethical Constraints affecting Factual Television

Production

Constraint Describe the details of constraint Explain how the constraint will directly impact on your documentary

Filming in public ‘If you want to film on public land you will need permission from the appropriate local authority or council.’ (1) If I’m filming on the highway or imitating a police officer or items then I need to inform the police and get written consent. In addition I do not need permission from people passing whilst I’m filming. Also if I am interviewing anyone and they want to preform stunts then I am responsible for their health and safety.

In order for me to film at the London MCM expo I needed permission to from either the people that own the building or MCM expo since it is their event. They do not specify on the website therefore I have to phone them. I won’t be being filming on the highway therefore the people won’t be involved.

Clearances and permissions (Copyright Law)

‘Copyright is one of a range of rights, known as Intellectual Property. Other forms of Intellectual Property are trademarks and patents. ’(2) Copyright protects people’s original ideas from theft and distribution. This allows the creator to make a living from what they have created. This law lasts for the entire amount the person is alive and 70 years after their death.

There will be music played that does not belong to me. However at the very start of the documentary I will put a disclaimer saying ‘I don’t know any of the music being played and this is a non-profit documentary.’ Furthermore I will try and take all of the photos so they belong to me. If not I will ask for permission and credit them in the documentary.

Media Privacy Law ‘To ensure that broadcasters avoid any unwarranted infringement of privacy in programmes and in connection with obtaining material included in programmes. ’ Using any material that delves into any one’s private life then consent is needed from that specific person. Additionally if a person is suddenly being interviewed then the producer needs to explain what they are doing and what they are trying to create. This law is needed to protect people under the age of 16 and vulnerable people.(3)

They asked not to reveal their names and some do not feel comfortable giving out their email therefore I gave them mine. Therefore as a result they gave the names of the characters they were cosplaying. Also I explained what I was doing and what purpose they would serve on my documentary.

Libel and defamation Law

‘Defamation is any published material that damages the reputation of an individual or an organisation.’ ‘Libel law protects individuals or organisations from unwarranted, mistaken or untruthful attacks on their reputation.’ (4) This means I can’t not attack a person just because I don’t like them otherwise I will be sued.

Meaning everything I say in this documentary has to be right or true. Also I cannot damage the reputation of people at the MCM expo including the interviewees. Therefore I have to do my research along with getting my wording right.

BBC editorial guideline 1 - Children and Young People as Contributors

‘People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.’ (5) This guideline is needed to protected child under the age of 18 that are participating a filming. For children under the age of 18 to participate in filming there has to be parental consent.

At the London MCM expo there were a lot of young people. However as stated above they are just passing by therefore I don’t need their permission. I only asked for permission from their parent or guardian if I was interviewing a specific person.

BBC editorial ‘The Human Rights Act 1998 gives protection to the To maintain the interviewee’s privacy I did

Legal & Ethical Constraints affecting Factual Television

Production

guideline 2 - Privacy privacy of individuals, and private information about them, but balances that with a broadcaster's right to freedom of expression.’(6) This is where an individual has the right to keep information about themselves to themselves. There has to be a balance of privacy and the right to broadcast information for the public interest. The Data Protection Act regulates how personal details are collected, obtained and used.

not ask for their names just the name of the character they were dressed up as, and if they had any problems I gave them my emails so they can contact me. However if I know the person then I will ask if I can mention their name in the documentary.

BBC editorial guideline 3 - Fairness, Contributors and Consent Introduction

‘ The BBC strives to be fair to all - fair to those our output is about, fair to contributors, and fair to our audiences. BBC content should be based on respect, openness and straight dealing.’ (7) Contributors have the right to be presented in a fair way and a right to withdraw their information if they don’t like the outcome. The producer has to keep in mind if there are inaccuracies in the way that people are represented or the way the opinions are portrayed then this is considered unfair.

To make sure I was able to film at the MCM expo I phoned up the people in charge of the event and asked if I had to film in that area. They said yes if only I wasn’t making profit from this documentary. Then with interviews I asked for their signature and made sure they understand what I was doing. If there were any problems then the interviewees could email me.

Ofcom Guideline 1 – harm and offense

‘Since programmes before the watershed should, as a rule, be suitable for children, warnings of the type given above should not be necessary’ Programmes that have offensive material should not be shown before watershed unless justified. However there should be a warning so the audience know what to expect, this is where ‘flagging’ is used in advance.

This documentary is supposed to be shown before watershed on a popular broadcast (BBC). Meaning I must show child-friendly content yet sticking to the target audience. This is to make sure I do not damage the broadcaster’s reputation.

Ofcom Guideline 2 – under 18s

‘“Material unsuitable for children (those under 15) should not, in general, be shown before 9pm or after 5.30am.”’ The programs not suitable for children are watershed so children are not placed under distress. If there is a small section of material within the programme that is not suitable for child, the broadcasters should ‘flag’ this up so the audience understand what is being shown.

According to the guide this program will be shown at 8pm and the target it audience is aimed for 16 to 24 year olds. I will make sure that there are no distressing images or content within the documentary which is fine because this documentary is intended to be child friendly.

Ofcom Guideline 3 – under 18s

‘The Code contains a number of rules specifically aimed at protecting those young people who are involved in the making of programmes e.g. interviewees, actors etc.’ This is in regard for people that are under 18 that are participating in my documentary.

As stated above if the interviewee is under 18 I have to ask for parental consent. However if there is a problem of passers by being filmed I can block out their faces yet that would cause a problem. On the other hand I had permission to film in that area.