1. BTEC Extended Diploma in Creative Media Production
Unit 7: Understanding the Creative
Media Sector
Learning outcome 2:
Understand ethical and legal constraints
within the media sector
Name: Amy Addison

2. BTEC Extended Diploma in Creative Media Production
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?
It depends on how they are shown e.g. If something is photographed it could be
represented for the worst by showing a bad side to the place/person. It could also be
represented in good way to show the better side of a place/person. So to choose an
answer I would say no as they are mostly staged. Everything in the media is a
representation, the decision process over what is to be represented and what is to be
rejected. An example of this would be paparazzi taking photographs of celebrities who
are walking around the street. They could then submit these photographs to the
newspaper to either talk and look at them in a negative way (which is most of the time)
or a positive way depending on the picture.
What sort of things can influence the representations that we see?
The media is really big on representations as they do it a lot, mostly in newspapers
e.g. Daily star and/or Daily express and this is mostly negative usually about
migration. There are other sectors of the media that do this too e.g. television/music
videos and photography/newspapers especially with women. They can be shown in a
negative way and a positive way. Again this is how they are shown. In a music video
they can be shown to be really pretty where as in a newspaper they can be shown to
be ‘fat’ or ‘ugly’ as words have been used to describe before.
Find an example of representation and explain what you are seeing:
Stereotypes are a big representation in the media. Men, women, children, teenagers,
parents, pensioners, class and ethnicity are all spoken about in a stereotypical way.
Depending on the age and gender depends on how they are spoken about. E.g.
Teenagers are mostly spoken about being bad/up to no good. It is rare that a story in
the news is about teenagers doing any good. The image underneath shown stories of
what teenagers are doing, have done or just talking about teenagers. 4 out of 5 stories
are negative but not all teenagers are like this. They are putting the youth out there to
be getting worse and worse every year. This is a negative representation.

3. BTEC Extended Diploma in Creative Media Production
How many categories of word do Ofcom have? Explain each one.
They have three categories.
Category A
Category B
Category B
Category A is the one that is taken more serious than the two B categories. It is all
to do with language in the media, when it is allowed to be spoken and what is not
allowed to be spoken at all. A is very strict and the words included are to only be
spoken after 9pm (watershed) this is so children do not hear what is being said so
they do not pick up on them and start to speak them their selves.
Category B (the first one) is a little less strict and includes words that are also not
supposed to be spoken before watershed but some have exceptions
Category B is the least strict and certain words (most words) are allowed to be
spoken before watershed.
Why does Ofcom have this list of words? Do you think there should be
restrictions on when certain words can be used?

4. BTEC Extended Diploma in Creative Media Production
Ofcom have these lists of words/categories so minors do not hear what is being said
and the use of unsuitable language. Unsuitable language can include everything from
sexual content, violence, graphic imagery and swearing. For example, the
most offensive language must not be broadcast before the watershed (9pm) on TV or
on radio, when children are particularly likely to be listening. Frequent use of offensive
language must be avoided before the watershed, and must always be explained by its
context.
Why does the NUJ produce language guidelines?
NUJ (National Union of Journalists) produce language guidelines because they
believe that the development of racist attitudes and the growth of fascist parties pose
a threat to democracy, the rights of trade union organisations, a free press and the
development of social harmony and well-being.
Should we protect groups of people by putting in place guidelines on how we
talk about them?
I think we should, I think it is wrong that people talk bad mannered about others
especially through journalism so in newspapers and magazines where many people
can read all this. It makes them become a stereotypical group if phrases and words
are used a lot and it can make them feel negative when spoken wrongly about and
knowing many people can read this.
There are 3 ways in which a broadcaster can make it easier for people with a
disability to access its programmes. What are they?
Audio description – Talking about what is happening
Signed – A person in the lower corner signing
Subtitling – Words at the bottom of the screen to read
Who ensures that broadcasters are making their programmes accessible? What
are the consequences for broadcasters if they do not meet their accessibility
requirements?
Media producers should work to make their products accessible to a range of people,
including those with a disability.
BBC has specific times when programmes are repeated and a signer appears on
screen. These can also be accessed via iPlayer.
Why do we have codes of practice?

5. BTEC Extended Diploma in Creative Media Production
The Code performs a dual function: it gives the industry a firm set of principles to
guide it and it gives the Commission a clear and consistent framework within which it
can address complaints.
Use one code of practice and investigate it in detail:
ITV Network Limited exists as the agent of the Regional Channel 3 Licensees for the
purpose of selecting programmes suitable for the Channel 3 Network service and
acquiring on behalf of the Licensees broadcast rights in those programmes so as to
create a schedule of network programmes capable of competing with other broadcast
and related services.
The purpose of this Code of Practice is to provide guidance on the practices which will
be adopted in relation to access to and the selection and commissioning of
programmes by ITV, together with the outline guidance on the terms on which those
programmes will be licensed by ITV for broadcast on ITV1.
What is the Broadcasting Act and what did it do?
The Broadcasting Act 1990 is a law of the British parliament, often regarded by both
its supports and its critics as a quintessential example of Thatcherism. The aim of the
Act was to reform the entire structure of British broadcasting; British television, in
particular, had earlier been described by Margaret Thatcher as "the last bastion of
restrictive practices". The act came about after the finding from the Peacock
Committee.
What is the Official Secrets Act?
The Official Secrets Act 1989, which came into force on 1 March 1990, replaced
section 2 of the Official Secrets Act 1911, under which it was a criminal offence to
disclose any official information without lawful authority.
Under the 1989 Act, it is an offence for a Crown servant, Government contractor or
member of the public who has, or has had, official information in his possession, to
disclose official information in any of the following categories if the disclosure is made
without lawful authority and is damaging. The categories are:
• security and intelligence
• defence
• international relations
• foreign confidences
• information which might lead to the commission of crime
• the special investigation powers under the Interception of Communications
Act 1985 and the Security Service Act 1989

6. BTEC Extended Diploma in Creative Media Production
Find an example of when it has been used and explain why it was used and
what the outcome was.
The Official Secrets Act has been thrust back into the spotlight again recently with the
Metropolitan police’s attempts to force The Guardian newspaper to disclose their
sources in relation to the recent phone-hacking scandal.
Should we have an Official Secrets Act?
Yes, it’s right for everyone in the media to have privacy but in consideration certain
things shouldn’t be kept secret and it depends on who gets their hands on these
secrets.
What is the Obscene Publications 1959 and what is its definition of obscenity?
The law makes it 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. This could include images of extreme sexual activity.
The Obscene Publications Act 1959 applies to television and covers material which is
obscene, whether it is in a person's possession or it is published or broadcast. The
definition of obscene is "likely to deprave and corrupt" the audience for which it is
intended and includes not only sexually explicit material but material relating to
violence and drug taking. This offence is more likely to apply to research material than
material actually transmitted because of the stricter tests relating to harm and offence
under the Communications Act 2003 and the Ofcom Broadcasting Code.
Give an example of a recent case involving the act (1990 onwards). What
happened, who was involved and what was the outcome?
A male escort accused of distributing obscene DVDs has been found not guilty by a
jury at Southwark Crown Court.
- http://www.bbc.co.uk/news/uk-16443697
A man named Michael Peacock sold obscene DVD’s to an undercover police officer.
This took place in January 2009. The outcome to this had Mr Peacock found not guilty
as said in the report the acts within the film were not illegal themselves and people are
no longer shocked by what acts were in the film therefore not depraved or corrupt by
it.

7. BTEC Extended Diploma in Creative Media Production
What is the Video Recordings Act? Why was the Video Recordings Act
introduced?
1. The Video Recordings Act 1984 is an Act of the Parliament of the United Kingdom
that was passed in 1984. It states that commercial video recordings offered for sale or
for hire within the UK must carry a classification that has been agreed upon by an
authority designated by the Home Office.
What were some of the films that were prosecuted by the Director of Public
Prosecution?
Alison Saunders is the director of public prosecutions.
What is the equality act?
The Equality Act 2010 legally protects people from discrimination in the workplace and
in wider society. It replaced previous anti-discrimination laws with a single Act, making
the law easier to understand and strengthening protection in some situations.
What are the 9 protected characteristics?
The nine main pieces of legislation that have merged are:
 the Equal Pay Act 1970
 the Sex Discrimination Act 1975
 the Race Relations Act 1976
 the Disability Discrimination Act 1995
 the EMPLOYMENT Equality (Religion or Belief) Regulations 2003
 the EMPLOYMENT Equality (Sexual Orientation) Regulations 2003
 the EMPLOYMENT Equality (Age) Regulations 2006
 the Equality Act 2006, Part 2

8. BTEC Extended Diploma in Creative Media Production
Can you find an example of a case involving the equality act? What happened
and what was the outcome?
A case i have thought of is the same sex marriage. It was until recently that for same
sex couples it was illegal to be married. In many countries now it is legal for both men
and women to be married to their same sex partner. England, Wales and Scotland all
made the same sex act legal around March 2014. Northern Ireland will not let this act
take place as they still say same sex couples are treated as civil partnerships. This is
against the equality act as they are not involving and treating same sex couples as
mixed sex couples would be treated.
What protects people from journalists invading their privacy?
There is a law that is in place called the privacy law. Journalists cannot go against this
and this law contains of looking in to others work and stealing it or copying it to
journalists watching, filming, writing about and taking photographs that are not in a
public area e.g. their house or somewhere that is in public but is very private e.g. a
funeral.
Find a privacy case and explain who was involved, what happened and what the
outcome was.
UK intelligence agencies spying on lawyers in sensitive security cases
- http://www.theguardian.com/world/2014/nov/06/intelligence-agencies-lawyer-
client-abdel-hakim-belhaj-mi5-mi6-gchq
A few men were abducted when found out they had been looking in to and spying on
lawyers in very sensitive cases. The information contained could have been exploited
unlawfully and used by the agencies and in court cases in which they are involved in
themselves.
What areas does the Copyright and Intellectual Property law cover?
The areas it covers contain
Trademarks
Patents which in themselves contain;
- Utility patents
- Design patents
- Plant patents.
Why is copyright important to the creative media sector?

9. BTEC Extended Diploma in Creative Media Production
Intellectual property law covers 4 different areas. It is designed to protect work that
people have created or invented.
The 4 areas that are covered are:
Patents
Trade marks
Designs
Copyright
The type of legal protection you need depends on what you have created. The two
areas most relevant to the print industry are Copyright and Trade marks.
Copyright is important to creators like writers and artists as well as those such as
publishers that own rights, as it provides them with a legal right of ownership of the
work that they produce.
What is libel? What must you be able to prove to win a libel case?
Libel is the act of damaging the good reputation of someone by written or printed
words or pictures. To prove that you have been libelled you must show that the
statement about you is not true.
Find an example (not the one you were given in the lecture) of a libel case.
A US federal judge in Los Angeles has dismissed David Beckham's claim for libel and
slander against a celebrity magazine that alleged he slept with a prostitute.
Beckham's lawyer, Richard Kendall, said the former England captain would appeal.
Beckham, 35, who plays for Los Angeles Galaxy, began the legal action in September
after In Touch magazine published a story that he had an affair with Irma Nici, 26,
described as a former prostitute. Beckham has denied the allegation, and was seeking
$25m (£15.5m) in damages.