The document discusses various legal issues that media companies have to consider, including employer's liability, public liability, employment legislation, employee rights, health and safety, equal opportunities, contracts, intellectual property, codes of practice, ethics, and BBC editorial guidelines. The BBC guidelines cover accuracy, impartiality, harm and offense, fairness to contributors, privacy, conflict of interest, and interacting with audiences. Media companies must comply with various laws and regulations to protect both employees and the public.
2. 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.
3. 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.
4. 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
5. 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…)
6. 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.
7. 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
8. CONTRACTS
Confidentiality
Some productions will want you to
Exclusivity sign a contract to make sure you keep
secret everything that is happening in
Solely working for the production for various reasons.
one party and not for (non-disclosure agreements)
anyone else for the
time of the project
and maybe until the
project is
broadcasted
9. 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
Your copyrights can also be bought one has created.
and sold, once you sell the IP it is You will need proof that
no longer yours and you have no you actually own the
further rights towards it. copyright including a
hard copy.
10. 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.
11. 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.
12.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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
18. 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.
19. 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.