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Unit 1: Task 9
Legal/Ethical Issues and Regulation
Offensive lyrics
Radio edits are made to comply with the censorship regulations of Ofcom as well as
avoiding offending the audience and protecting the under 18s, from certain
profanities within the song, this is done by either rerecording the song by changing
the lyrics or dubbing it over with a tone or sound effect. The impact of profanities in a
song, can effect the younger audience of the breakfast show as artist are seen as role
models to people my imitate the behaviour and the lyrics in the song.
Possible impact on Audiences
Due to the nature of the breakfast show the topics they talk about are heard by millions
and influence the actions and judgment of the audience. As they are a influential part
of the media, the thing they talk about on air and the way is which they are said must
be monitored. As well as they music they play, should be controlled so the lyrics will not
cause offense
Slander
The radio one breakfast show must abide by certain rules at to avoid effecting and impacting the
audience with content that my be offensive or illegal. For example they should refrain from speaking
offensively about another person, celebrity or company, spreading slanderous rumours. Due to the
nature of the breakfast show current celebrities and news stories are often talked about the host
Nick Grimshaw so the context and tone must be carefully delivered on air as starting rumours can
very damaging for celebrities in the media as they have to maintain reputations. And mistakes made
live on air should be corrected 5.4.19
We need to assess the risks when broadcasting live output and take any appropriate steps to
mitigate them. If problems occur in live output, they should be dealt with promptly and sensitively.-
BBChttp://www.bbc.co.uk/editorialguidelines/page/guidelines-harm-live/
Product placement
Because radio one is a BBC channel and they are a public service broadcaster
funded for through the public paying a licence fee. They are not allowed to
endorse any products or companies
Copyright
Any clips or pictures the BBC and Breakfast show use they must have permission
to use, for example any clips used in the new bulletins must have been recorded
by the BBC or, they must have bought the rights to use it or the owner must be
credited.
Possible impact on Audiences
The radio one breakfast show must comply with the relevant broadcasting laws so
radio ones content is fair and inoffensive the particular laws that apply are;
• Copy right law to ensure the content broadcast on the show is owned right fully or
the consent has been given to use the content in particular.
• Obscenity Law
• Libel law; deformation this prevents slanderous comments being made by the
broadcaster and stops and media ‘gossip’ which can be harmful to someone oh
high status or reputation
• Privacy Law When broadcasting a story which contains private information, each
piece of private information will need to be considered separately. If private
information is conveyed by pictures, these will be subjected to special scrutiny. –
BBC on Privacy must be considered when broadcasting newsbeat edited before to
avoid causing offence
Relevant Laws
Relevant Regulatory Bodies
There are certain regulatory bodies that over see the actions of the BBC and regulate its
content, they have guidelines and laws which must be applied to the Radio One Breakfast
Show, the bodies that apply for the BBC are Ofcom which is the communications
regulator
The BBC has a duty, to provide rules and guidelines for its content that is
broadcasting, as it is a Public service Broadcaster. Some of the guidelines that
apply for the Radio One ‘Breakfast Show’ are the libel law and privacy law
Ofcom the communications regulator. They enforce rules and regulation
which ‘The Breakfast Show’ must comply with, for the sake of protecting
the audience and overseeing the broadcasted content.
Quotes from Relevant Regulatory
BodiesLibel law deformation 18.4.1
‘An individual can sue for damage to their
reputation caused by material broadcast
to a third party, including material
published online.
This area of the law is called defamation
or libel. It is the biggest legal pitfall
relating to the BBC's output, with serious
financial consequences if we get it wrong.
Any living individual or company can sue
as long as they are reasonably
identifiable from what is said and the
material is defamatory of them. This
means that it would tend to lower them
in the estimation of right-thinking people
generally.
The claimant (or pursuer in Scotland)
does not need to show that they suffered
any actual damage, nor that what was
said was false. On the contrary, the
defendant (or defender in Scotland)
generally has to prove that it was true.
If involved in an action for defamation
there are a number of possible defences
but, generally, broadcasters will need to
have good evidence to back up what they
say.’ – BBC on slander
‘The Breakfast Show’ and presenter must be aware off
possible offense that can be taken from the comments
that are made on the show. The nature of ‘The Breakfast
Show’ is chatty and light hearted, the presenter often
talks about people in the media and other celebrities,
sometimes jokey remarks are made, however if they are
talking about a news story they have a right to inform and
talk about people if they are in the media. However the
comments that are made must not case damage to the
reputation of the person or company which prevents
slanderous comments being made by the broadcaster and
stops and media ‘gossip’ which can be harmful to
someone oh high status or reputation.
Offensive language on
radio
‘Ofcom has a statutory duty
to ensure that: under-
eighteens are protected;
and generally accepted
standards are applied to
the contents of television
and radio services so as to
provide adequate
protection for members of
the public from the
inclusion in such services of
offensive and harmful
material. These are
fundamental aspects of the
Code and of Ofcom’s
regulation of standards in
broadcasting’. - Ofcom on
Offensive language on radio
Quotes from Relevant Regulatory
Bodies
The Music that is played on ‘The Breakfast Show’ must
be edited to be of the appropriate standard to be
broadcasted. For example any profanities or
inappropriate language must be edited or dubbed over
or the artist must record an edited version of the song
with lyric changes. This law was create to protect
listeners under eighteen as it can influence the younger
audience, for example they may think if it is acceptable
to be broadcasted on the radio, it is acceptable to
replicate the language. And as the majority of the
Breakfast Show audience are under 18, it is the duty of
the BBC to protect their audience.
Product Placement14.4.1
‘Product placement is the
inclusion of, or a reference
to, a product or service in
return for payment or any
consideration in kind. The
taking of product placement
for licence fee funded
services is prohibited under
the terms of the BBC
Agreement.
The BBC must not
commission, produce or co-
produce output for its
licence fee funded services
which contains product
placement. All programmes
made by the BBC or an
independent producer for
broadcast on BBC licence fee
funded services must be free
of product placement’- BBC
on Product Placement
Quotes from Relevant Regulatory
Bodies
The BBC is a public service broadcaster and is
funded by the public as they pay a licence fee,
therefore all BBC channels do not have adverts
or product placement. If one the breakfast show
a particular brand is mentioned, the host must
inform the listeners of other products available
to show that it is not a sponsorship. When The
Breakfast Show is streamed live in the BBC
website or photographs are being taken then any
branding or logos on the presenters or guests
clothing must ne covered.

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Task 9

  • 1. Unit 1: Task 9 Legal/Ethical Issues and Regulation
  • 2. Offensive lyrics Radio edits are made to comply with the censorship regulations of Ofcom as well as avoiding offending the audience and protecting the under 18s, from certain profanities within the song, this is done by either rerecording the song by changing the lyrics or dubbing it over with a tone or sound effect. The impact of profanities in a song, can effect the younger audience of the breakfast show as artist are seen as role models to people my imitate the behaviour and the lyrics in the song. Possible impact on Audiences Due to the nature of the breakfast show the topics they talk about are heard by millions and influence the actions and judgment of the audience. As they are a influential part of the media, the thing they talk about on air and the way is which they are said must be monitored. As well as they music they play, should be controlled so the lyrics will not cause offense Slander The radio one breakfast show must abide by certain rules at to avoid effecting and impacting the audience with content that my be offensive or illegal. For example they should refrain from speaking offensively about another person, celebrity or company, spreading slanderous rumours. Due to the nature of the breakfast show current celebrities and news stories are often talked about the host Nick Grimshaw so the context and tone must be carefully delivered on air as starting rumours can very damaging for celebrities in the media as they have to maintain reputations. And mistakes made live on air should be corrected 5.4.19 We need to assess the risks when broadcasting live output and take any appropriate steps to mitigate them. If problems occur in live output, they should be dealt with promptly and sensitively.- BBChttp://www.bbc.co.uk/editorialguidelines/page/guidelines-harm-live/
  • 3. Product placement Because radio one is a BBC channel and they are a public service broadcaster funded for through the public paying a licence fee. They are not allowed to endorse any products or companies Copyright Any clips or pictures the BBC and Breakfast show use they must have permission to use, for example any clips used in the new bulletins must have been recorded by the BBC or, they must have bought the rights to use it or the owner must be credited. Possible impact on Audiences
  • 4. The radio one breakfast show must comply with the relevant broadcasting laws so radio ones content is fair and inoffensive the particular laws that apply are; • Copy right law to ensure the content broadcast on the show is owned right fully or the consent has been given to use the content in particular. • Obscenity Law • Libel law; deformation this prevents slanderous comments being made by the broadcaster and stops and media ‘gossip’ which can be harmful to someone oh high status or reputation • Privacy Law When broadcasting a story which contains private information, each piece of private information will need to be considered separately. If private information is conveyed by pictures, these will be subjected to special scrutiny. – BBC on Privacy must be considered when broadcasting newsbeat edited before to avoid causing offence Relevant Laws
  • 5. Relevant Regulatory Bodies There are certain regulatory bodies that over see the actions of the BBC and regulate its content, they have guidelines and laws which must be applied to the Radio One Breakfast Show, the bodies that apply for the BBC are Ofcom which is the communications regulator The BBC has a duty, to provide rules and guidelines for its content that is broadcasting, as it is a Public service Broadcaster. Some of the guidelines that apply for the Radio One ‘Breakfast Show’ are the libel law and privacy law Ofcom the communications regulator. They enforce rules and regulation which ‘The Breakfast Show’ must comply with, for the sake of protecting the audience and overseeing the broadcasted content.
  • 6. Quotes from Relevant Regulatory BodiesLibel law deformation 18.4.1 ‘An individual can sue for damage to their reputation caused by material broadcast to a third party, including material published online. This area of the law is called defamation or libel. It is the biggest legal pitfall relating to the BBC's output, with serious financial consequences if we get it wrong. Any living individual or company can sue as long as they are reasonably identifiable from what is said and the material is defamatory of them. This means that it would tend to lower them in the estimation of right-thinking people generally. The claimant (or pursuer in Scotland) does not need to show that they suffered any actual damage, nor that what was said was false. On the contrary, the defendant (or defender in Scotland) generally has to prove that it was true. If involved in an action for defamation there are a number of possible defences but, generally, broadcasters will need to have good evidence to back up what they say.’ – BBC on slander ‘The Breakfast Show’ and presenter must be aware off possible offense that can be taken from the comments that are made on the show. The nature of ‘The Breakfast Show’ is chatty and light hearted, the presenter often talks about people in the media and other celebrities, sometimes jokey remarks are made, however if they are talking about a news story they have a right to inform and talk about people if they are in the media. However the comments that are made must not case damage to the reputation of the person or company which prevents slanderous comments being made by the broadcaster and stops and media ‘gossip’ which can be harmful to someone oh high status or reputation.
  • 7. Offensive language on radio ‘Ofcom has a statutory duty to ensure that: under- eighteens are protected; and generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of offensive and harmful material. These are fundamental aspects of the Code and of Ofcom’s regulation of standards in broadcasting’. - Ofcom on Offensive language on radio Quotes from Relevant Regulatory Bodies The Music that is played on ‘The Breakfast Show’ must be edited to be of the appropriate standard to be broadcasted. For example any profanities or inappropriate language must be edited or dubbed over or the artist must record an edited version of the song with lyric changes. This law was create to protect listeners under eighteen as it can influence the younger audience, for example they may think if it is acceptable to be broadcasted on the radio, it is acceptable to replicate the language. And as the majority of the Breakfast Show audience are under 18, it is the duty of the BBC to protect their audience.
  • 8. Product Placement14.4.1 ‘Product placement is the inclusion of, or a reference to, a product or service in return for payment or any consideration in kind. The taking of product placement for licence fee funded services is prohibited under the terms of the BBC Agreement. The BBC must not commission, produce or co- produce output for its licence fee funded services which contains product placement. All programmes made by the BBC or an independent producer for broadcast on BBC licence fee funded services must be free of product placement’- BBC on Product Placement Quotes from Relevant Regulatory Bodies The BBC is a public service broadcaster and is funded by the public as they pay a licence fee, therefore all BBC channels do not have adverts or product placement. If one the breakfast show a particular brand is mentioned, the host must inform the listeners of other products available to show that it is not a sponsorship. When The Breakfast Show is streamed live in the BBC website or photographs are being taken then any branding or logos on the presenters or guests clothing must ne covered.