LEGAL ISSUES IN THE MEDIA INDUSTRY

THE MEDIA INDUSTRY HAS TO INCORPORATE VARIOUS LAWS AND LEGISLATIONS INTO ITS WORK FORCE

These laws and other codes of practice are referred to constraints. There are 2 types of constraints ones where they are backed by actual law and then those backed up by the actual practice.

EMPLOYERS LIABILITY • Employer’s have to have insurance. There’s no

way around it.

• If one of their employees were injured and it was caused on a work site or caused by the company they need to be able to cover any lawsuit that comes their way.

• It also is to be able to cover any compensation settlements.

• It also leads to another type liability – Public Liability.

PUBIC LIABILITY

• Keeps the same aspects as Employer’s except it refers to the actual public.

• On location shoots can cause problems when you don’t have crowd control and you may get people getting in the way and even hurting

• With this will come lawsuits and compensation and you may not have the money for that.

• More and more people are trying to get compensation for nearly any accident you have seen the various compensation adverts

THIS REFERS TO A PART OF EMPLOYMENT LEGISLATION; THESE ARE LAWS THAT PROTECT BOTH EMPLOYERS AND THEIR WORKERS FROM UNHEALTHY, UNSAFE WORKING CONDITIONS OR SITUATIONS.

ISSUES APART FROM EMPLOYMENT LIABILITY ARE EMPLOYEE’S RIGHTS, HEALTH AND SAFETY, EQUAL OPPORTUNITIES (RACE, GENDER, AGE ETC…)

EMPLOYEES RIGHTS• In every work place, every single worker has equal rights that can

should not be undermined. This includes rights to pay, holiday, job hours, sickness and time of work.

• These are guaranteed by law but you have to actually know your rights since employers will play on the fact that you don’t know.

• Just recently paternity leave has been extended to the same length as maternity leave. Which leads into equal opportunity.

EQUAL OPPORTUNITIES

• Everyone is the same and should be treated equally in the workplace.

• Since 1975 more laws have been put in place to cement this view into the UK’s eyes.

• Gender, race and disability are now no longer an issue in the industry and employer’s are now no longer allowed to discriminate or dismiss people for any of those reasons.

• Some of the laws in place are; Sex Discrimination Act 1975, Race Relations Act 1976, Equal Pay Acts 1970 and 1983, Disability Discrimination Act 1995, Human Rights Act 1998

CONTRACTS

Exclusivity

Confidentiality

Solely working for one party and not for anyone else for the time of the project and maybe until the project is broadcasted

Some productions will want you to sign a contract to make sure you keep secret everything that is happening in the production for various reasons. (non-disclosure agreements)

INTELLECTUAL PROPERTY AND COPYRIGHT

IP refers to creations of the mind from an idea, to piece of a music to a photograph. But just your Word alone will not justify that the actual product/piece/idea is yours. You need to Copy right it.

If you create an idea that has no relation whatsoever to your place of paid employment. Then you will own the copyrights towards the thing that one has created.

You will need proof that you actually own the copyright including a hard copy.

Your copyrights can also be bought and sold, once you sell the IP it is no longer yours and you have no further rights towards it.

CODES OF PRACTICE • Even in this industry there are certain expectations from employers and other workers.

These ‘Codes’ are not legally binding but used to so that unethical actions are stopped by forming an agreement.

• Producers have to deal with a variety of different issues when dealing with this industry, disability, race and sex discriminations are part of the several different laws that producers have to learn to work within to keep a production running smoothly in an appropriate way.

ETHICS• The moral principles that define how any person or groups act. Television producers have

to deal with various issues. These issues can span from : trust, truth, privacy and serving the public interest.

• Most programs related to documentary and factual programs have to be able to stick to these issues , for obvious reasons including the fact that the message they are trying to portray is the truth.

• An example of a company having to comply with these standards is the BBC. When being one of the biggest media company’s in the world it is very important that they keep within the expected profile of the industry. So they create their own charter and guidelines for anyone working under the BBC name.

• The guidelines specifically state how BBC employees have to work when dealing with realism.

BBC EDITORIAL GUIDELINES • The principles of the BBC guidelines are stated in the guidelines the BBC give themselves, producers

have to be able to live up towards these principles

• In section 3 Accuracy of the actual editorial guidelines It states that everyone must do all they can to ensure accuracy and as appropriate towards the subject nature it must be well sourced and its evidence must be correct and honest so they avoid unfounded speculation. So they have to keep everything honest and make sure all their evidence and sources are backed up.

• To enable this they also have practices to which they stick towards one example is finding contributors – here they explain how producers can actually back up themselves and enable to work in their chosen field. There are things such as finding truthful sources and not paying actors to take up that position for various reasons including the fact that this will not be truthful and you are lying to the audience once it has been broadcast. It further goes on to state how appealing for contributors is also a tricky subject. BBC guidelines state that they should never appeal for contributors unless it is as a less resort and all other research methods have been a waste. Also all advertising have to be worded correctly to avoid disputes.

• They also state in the process of note taking so that records can be kept of accurate information for double checking through written evidence and electronic copy’s. These are for starting a basis for the entire project.

BBC GUIDELINES – IMPARTIALITY • Principles here are that the BBC do everything they can so that controversial subjects are handled in an impartial

method/way.

• All news broadcast have to handled with due impartiality and give even sides to arguments and opinions. Also the news has to provide a wide range of subject matter so that no bias views are being portrayed. So all producers have to keep this in mind when creating their programs .

• Practices – when dealing with controversial subjects that may apply to all matter of different viewpoints such as religion, society, science, finance and culture there must be a wide spectrum of dealing with these subjects while creating such programs. Starting from knowing whether or not the subject is controversial and what level of public awareness's the issue has and if it will start major debates. It again brings up the point of showing various viewpoints to give a balanced program with clearly distinguished opinions and facts. Again here producers when finding the subjects will keep a balanced program whatever the cost and not implement their own views.

• It also states the process of ’Major Matters’ – where issues are a matter of political or industrial or public policy. In a decisive moment in these matters again a wide range of significant views are expected and these have to be reflected in a ‘clearly linked’ series of programs or single program. Basically that means that all views have to be clearly stated to fully show the true intentions of that view point to not upset other views.

• Impartiality also effects drama, entertainment and culture programs. – The guidelines state how when a program of this nature broadcasts a particular episode where a controversial subject is the center of the subject it must be clearly ‘signposted’ so it has to be made aware to the audience before the broadcast of what they are about to view.

BBC GUIDELINES – HARM AND OFFENCE• Here we have the rules of how to keep the public and the BBC members safe. It means that in one section of their

guidelines they may not show any imagery that might implicate them towards physical, mental or moral development of children and young people. But that only applies towards Television that is screened before the 9pm Watershed. Plus any material for broadcasting must also be checked and observed to ensure the material is appropriate for that timing and is suitable for children. They also must put clear information for the audience on what the program contains for they their own precaution of their children.

• This does not effect what the producers create but only when it can actually be broadcasted and what times it can which also means they may get graveyard slots.

• Take for example Violence. The practice here shows how the violence must be viewed or debated on how far it can go. This means striking a balance between realism and unjustified distress except this is mostly concerned with real life violence and how far real violence can be shown on television I mean you wouldn’t broadcast a suicide on the TV at 3pm. Also fake violence must not glamourize the violence in any way or any violence that could be shown to influence others unless it is clearly justified.

• Influencing others mainly include children and also children can be distressed during animal abuse so there must be clear indications that no animals were harmed in the scenes.

• Another practice is when the BBC are concerning themselves with sex onscreen. Now this is where every type of this scene has to be justified and also be stuck to watershed rules. Another detail is where no under 16 portrayal of sexual scenes will be promoted or broadcast as it is illegal. Also pre watershed must also include educational purposes when concerning sex incase children are known to be part of that audience.

BBC GUIDELINES - FAIRNESS, CONTRIBUTORS AND CONSENT• Now when dealing with contributors producers have to be clear and honest about what

they have signed on for for legal matter, safety and confidentiality. Individuals also should be told about the nature of their consent unless there is editorial justification for continuing without their consent. Producers need written consent to proceed with the contribution they have gained.

• A principal here is refusal to take part – as everyone has the right to refuse It does mean having to find different ways of getting the message across. Except a refusal of contribution does not mean that you are not allowed to gain a contributor with a different view. However when the audience are hearing this view it may also be acceptable to explain why the other side could not be there but the terms have to be fair of the presentation of the other side.

• Another principle is where intimidation and humiliation this is where producers treat their contributors with respect during the process of gaining their permission and during the actual contribution so that you are not effecting how the outcome of the participation is to get you desired outcome.

BBC GUIDELINES - PRIVACY• This is where balance comes into play with sowing the public what it needs to know and to also respect

the expectation of privacy from individuals. There are various ways of gaining the truth including the outweighing of the public interest which negates one person’s privacy when it becomes public knowledge. Again when gaining information regarding someone we have to be clear as producers as to what we intend to do with the information.

• One particular practice is when concerning secret recordings – when dealing with secret recordings such as microphones. There are rules for these such as investigative tool with regards to public interest that may cause physical or financial harm. Also to obtain material in other country where laws implicate recordings to be shut down. Also all secret recordings must be sanction by the commissioning officers for various reasons to not implement any drastic measures on the company. Also when note taking these events where it may be unable to actually write the notes they are able to record the events but they are unable to broadcast it; they are only allowed to use it for reference and notes.

• Another practice is tag-along Raids. This is where we accompany police, immigrations etc. They only go usually when there is public interest at heart and after there is editorial and legal issues to deal with including privacy, consent and trespass. Once you are recording you have to make sure people understand you are from the BBC, Obtain consent and stop recording when asked. Finally leave immediately if asked by the owner or person acting under authority. The only exceptions would be if you had reason to believe there were illegal activities going on

BBC GUIDELINES – CONFLICT OF INTEREST• When points of interest of separate individuals can cause bad press on the BBC

company. Except the guidelines state that all views expressed by individuals are solely theirs and do not reflect the company. Neither do any views influence the BBC’s policy’s or views.

• Here practices include Other outputs which also say that all external activities of reporters should not effect how news is presented or undermine the public’s perception of the impartiality, integrity or independence of BBC output. This should not lead the BBC to begin disputes but at the same time in all other areas including entertainment that program makers do not undermine their own integrity and indulge in off the activities that will bring the BBC into disrepute .

• Then Personal Benefits come into play with practices that state that under no circumstances will BBC employees receive personal benefits from suppliers or accept goods or services as inducements. This to make sure it will not under mine the integrity of the BBC name. Also if any suppliers are trying to advertise through their products they are unable to do so and those products should be rejected.

BBC GUIDELINES – INTERACTING WITH OUR AUDIENCES• All audience interaction must be conducted in a way that is honest, fair and legal. So for

competitions the winners will be genuine and not fictional. Also include public value since it is a public funded channel. Also all uses of audience must not be to gain any profit through the actions of the audiences.

• one of the practices include the use of awards, they are able to establish award ceremony's for such things such as sports and music but they may run into conjunctions with outside organizations. Except the subject matter must not compromise editorial independence, impartiality or integrity, clear terms and conditions as well must be added. Also in certain cases some awards can be funded by a non-commercial sponsor.

• Another practice pre recorded programs – all programs must state that this is pre recorded for several cases of situations which involves competitions which may allude them to think that this a live event. Also clear indications that the program is no longer in service for catch up services.