Regulation In The Creative Media Sector

Regulation In The Creative Media Sector

Regulatory bodies are organisations set up by the government to control and censor content media content in the UK. These organisations are there to protect the public from content deemed inappropriate for the public and enforce the current laws.

The media is regulated for various reasons including; the protection of the general public, so that media conforms to the rules and laws at the time, to make a wide range of services available to the public and maintain diversity in cultural, social and political terms and the promotion of good quality content for the public.

ASA

The ASA (Advertising Standards Authority), founded in 1962, is an independent organisation whose purpose is the regulation of advertising in all media sectors. They look at the complaints of the public and ensure no content is misleading or offensive. They cover self and co-regulation; non-broadcast and broadcast advertising along with ofcom. If an advert breaches UK advertising codes the advert will either be banned or be re-edited so it is not in violation any longer. Since their purpose is to protect the public from inappropriate content the ASA can act on just one complaint. Consumers have a right to complain about adverts they see which they believe may be harmful, offensive or misleading. They are also responsible for checking whether an advert is misleading or misinforms.
Non broadcast advertisement are adverts like billboards and online etc. They must comply with the 'CAP Code.' Failure to comply with this code can result in all non broadcast advertisement must be pre-checked for up to two years.

Broadcast advertisement are adverts such as Tv shopping. Broadcast adverts must comply with OFCOM's UK Code Of Broadcast Advertising. Repeated breaches will result in possible sanctions by OFCOM. The UK Code Of Broadcast Advertising ha a list of the rules for media owners and advertisers to comply with. http://www.cap.org.uk/Advertising-Codes.aspx

Most of the adverts released in the UK are checked to ensure that they are not in violation of any of the Code's rules. Broadcasters have set up two pre clearance centres to help ensure compliance, Clearcast for TV and for radio The Radio Advertising Clearance Centre (RACC)

Ads That Received A Lot Of Complaints


KFC - 'Mouthful' (2005)

This was one of the most complained about British adverts ever, it received roughly 1,671 complaints on the grounds that it could 'encourage bad manners amongst children.' The ASA decided not to ban this ad as they did not deem it harmful to the public but instead let the ad run and KFC decided that once it had finished the would not show it again.


Phones 4 U - 'Little Girl' (2011)




This advert was unpopular among the British public and received roughly 600 complaints as viewers thought the advert was 'offensive, irresponsible and unduly distressing.' The advert got guidance from ClearCast and despite the complaints the ASA decided they were not in breach of any code and so it did not warrant a ban.


BBFC

Set up in 1912, The British Board Of Film Classification is an independent, non government run organisation that is funded by the film industry itself. The BBFC is the organisation responsible for the classification and censorship of all films in the UK. The BBFC aims to ensure that all film are regulated equally and fairly with nothing deemed too obscene for the public's viewing being broadcast. The BBFC ha the power to stop the release of any film featuring obscene content such as abuse. The BBFC is important as it regulates the conent that films are allowed to release in the UK, this means that they are able to protect minors from harmful content. Films are given certifications to protect children from obscene harmful content within film. Film classifications are also useful for letting a potential audience know what kind of film it is before viewing it. The BBFC will watch the entirety of each film they assess and based on the content award it an age rating. Age ratings are given based on the following considerations; theme, context, tone, language, sex, nudity, threat, violence, impact, drugs, discrimination and Imitable behaviour.
The potential age ratings are as follows:

Universal (U)
 - All ages admitted, there is nothing unsuitable for children over 4.

Parental Guidance (PG)
 - All ages permitted, but some scenes may be unsuitable for children under 8.

12a/12
 - Considered to be unsuitable for very young people, must be accompanied by an adult over 18.
    Films may include infrequent drugs, infrequent use of strong language, brief nudity, discreet
    sexual activity and moderate violence.

15
 - Films under this category can contain adult themes, drugs, strong language, moderate-strong
    violence/sex references and mild non-detailed sexual activity.

18
 - Films under this category do not have limitation on the bad language that is used. Hard drugs
    are generally allowed, strong violence/sex references along with strong sexual activity is also allowed.


Certification Issues

Cloverfield (2008)
A horror film rated at PG-13 in America. The distributor wanted to see the film pass at a 12A, however because of the extended strong threat, unremittingly dark tone, pessimistic conclusion and ceaseless threat to humans it was pushed up to a 15. It was likened to I Am Legend which also had its certification set at a 15 for its similar themes.

Winters Bone (2010)
The film was awarded a 15 rating, in America it was rated at an R, however the BBFC decided that because of the use of mature language and use of drugs it would be certified as a 15.


OFCOM

OFCOM is in charge of regulating radio, TV, tele communications, fixed line, mobiles, postal services and airwaves. OFCOM deals with the complaints issued for a programme after its broadcat however if a person complains about a programme before its broadcast they contact the broadcaster directly to deal with the situation. Since OFCOM deals with complaints about roadcast programmes complaints can be issued to OFCOM by filling in an online complaints form. OFCOM will examine the complaint with The Broadcasting Code to see if the programme is in violation of any of the rules. If a programme seriously breaches the code or does so multiple times then they have the right to impose sanctions, these sanctions can take the form of a large fine or even the removal of their broadcasting license altogether. The Broadcasting Code is applicable to TV and radio and covers standards in programmes, product placement, sponsorship, fairness and privacy.The code was drawn up after extensive research of viewers, listeners and broadcasters.

The ten sections of The Broadcasting Code are as follows:

 - Protecting under 18's
 - Harm and offence
 - Crime
 - Religion
 - Due impartiality and due accuracy and undue prominence of views and opinions
 - Elections and referendums
 - Fairness
 - Privacy
 - Commercial references in TV programming
 - Commercial communications in radio programming

IPSO

Launched on September 8th 2014, IPSO is an independent regulator for the newspaper and magazine industry  in the UK. They maintain standards for journalism as set out in the Editors' Code OF Practise and listen to peoples complaints of breaches of the code. IPSO works with the newspaper and magazine industries to help improve the freedom of the press with regulation.

The Leveson Inquiry
The leveson inquiry into the ethics, culture and practice of the press published its report, some important points were:

 - New self-regulation body recommended. Independent of serving editors, government and business
 - No widespread corruption of police by the press found
 - Politicians and the press have been too close
 - Press behaviour, at times, has been 'outrageous'

Issues With Regulation
Consumer Choice
Consumer choice is letting the audience decide what they want to watch. Since people have different interests, different things appeal to them. What is deemed unsuitable for one person may be enjoyable for another. People as a whole should be able to choose what they want to watch as opposed to everyone having to watch the content deemed appropriate for them. This is caused by the regulators of the media determining what is offensive and harmful to the public themselves and censoring according to that.

Freedom Of Information
This is similar to freedom of speech. In media people will often work their own opinions and view point into their work. They could be talking about an issue that is really big for them and they have a lot of interest in talking about, perhaps favourably for their own side of the argument, this is however usually cut by the regulatory bodies as they want all the information included to be unbiased and impartial.

Censorship
Censoring is when things are cut from the media for example a film that have been deemed inappropriate for the public and so cannot be seen. A common example of censoring that you can actually witness is when someone swears on some shows and it gets censored out, usually with a beep or just by cutting out the sound. The most common reason for censorship is the protection of minors from harmful or offensive content. Censorship is however controversial because it is not only used to protect minors but also keep government and military secrets from the public.






There are several regulatory bodies in control of the creative media sector. Regulatory bodies are organisations in charge of censorship of media in different formats.