Saturday, 27 December 2014

Understanding the ethical and legal considerations when working in the creative media sector

its important for producers to understand legal considerations in the media industry because of things such as having a law suit on your hands or jail time and so on, there is many reasons why its important that you follow these legal considerations, I will provide some of the considerations you
must follow, why you must follow and whats happened to people who did not follow it.

Libel Law:
Libel Law is when someone writes something about someone or in anyway, like a photo is also under this law, to make it this law it has to be something that is untrue about someone, its false, this can effect producers in many ways, they also have to harm someone in anyway.

For example Russel Brand and Jonathon ross faced this law and many others when they went onto the radio and made untrue statements about Andrew Sachs, they did this through radio, they sent voice messages to his answerphone, they made many false statements such as him wanting to commit suicide and many comments about his grand daughter, this also did not help the BBC they had to pay a fine, the BBC had to pay a fine of £150,000 , Jonathon Ross was suspended without pay  for 12 months in total. The Reason the BBC had to pay such a high fine because of these two ofcom rules which they broken
"Specifically, Ofcom found the following rules of the Code were breached: Rule 2.1 (generally accepted standards must be applied programmes); Rule 2.3 (offensive material must be justified by the context); and Rule 8.1 (the 'standard' requiring adequate protection for members of the public from unwarranted infringements of privacy).
A fine of £70,000 was imposed for the breaches of Rules 2.1 and 2.3; and a fine of £80,000 imposed for the contraventions of Rule 8.1." (Reference)

This is also covers ethics, in this case it is very unethical because of what he has said about his daughter and him, it is not true and it causes offence to him and his family, also people close to him,

http://www.dailymail.co.uk/news/article-1080621/Russell-Brand-Jonathan-Ross-face-prosecution-obscene-air-phone-calls-Fawlty-Towers-actor-78.html



Privacy Law

this law is huge, it gives you the right to be left alone and other things such as being harassed, also so your personal information, such as if you have some files on your computer, which is personal, this would be under this law, if someone got onto your computer and took these files, they would be consequences, such as fines and jail time in some serious cases, this stretches from things such as that and top secret government information.

A group called anonymous, they are a group of hackers, its a huge group, you do not have to be a hacker to be in their group, you just want to have change in the law and so on. well some of them went on to release over 13,000 login information, for a number of companies and sites such as Xbox Live and sites such as amazon, this was not just huge because of the information they leaked, its also all of the accounts had credit card information on them.

They also released a film which was not released, the film was released because of the group hacking into Sony and releasing the film early, this film was not meant to be released at the time because of what the film was about, so it made it a lot worse than what it is.

http://techcrunch.com/2014/12/27/anonymous-leaked-a-massive-list-of-passwords-and-credit-card-numbers/

this is huge when you make reality shows and documentaries because when you go up to someone and you try to ask them questions or get their opinion on something, you may need their permission in some cases to do something such as this, this is why it effects producers, if they do not get permission to do something such as this, they may get sued and a bunch of other things, the reason you need to ask them to talk to them is because they are releasing information to you which may be personal or they might not be comfortable with being recorded and put into a documentary

Copyright and intellectual Law

this is when, you make something or other things such as you write it like a book for example and you copy right it as intellectually yours and this protects you from other people using your stuff without your permission and also people from copying your product or book etc, also this is for logos is well, such as mcdonalds, if someone made a logo that looks significantly like that logo, then that is breaking this law, you may get sued because of this. From what I have seen, this law seems to get broken rather a lot

"Two weeks after the intended wide release of “The Interview,” the tumultuous path of the James Franco and Seth Rogen film has taken another turn. Sony Pictures will be sued for using a Korean pop song in the movie, allegedly without paying the artist."(Reference)


according to this site which I found, they were sued over using a song which they should not have used, according to the management company of the artist which is called FeelGood Music, the artist is called Yoon Mi-Rae, FeelGood Music were in talks with Sony about using the song but in the end they did not sign any kind of contract which allowed them to use the song in the movie, This film is now on sites such as youtube, itunes and many other sites which it can be streamed from.

http://www.washingtonpost.com/blogs/style-blog/wp/2014/12/28/now-a-korean-popstar-is-suing-sony-over-the-interview/

the producers obviously took a huge hit because of this, they used a song which they should not of used, but in this case, it was not that much of a big deal, because the song has not been removed from the film and the film is still being shown, if they simply waited until they got permission to use this song, all this would not of happened.


The Official Secrets Act 1989


                                                                                      To put this into other words, you can not release any kind of information if you do not have lawful authority to do so, you have not got the consent to do so pretty much. this is for people such as the government and the army and so on, if you break this law you can get a lot of years in jail and a fine      

for example, if you were a producer and you were making something such as a documentary about the army or something such as that, and you interviewed a guy which was an officer which was from the army and he released information which he should not of to you, this will backfire on you and him, you because if you release it, you are braking this act and this can mean your career might take a sudden turn for the worse, a fine or prison time, it depends on the measure of it. this is a huge reason why you should take this act into thought before you produce something.


A ministry of Defence Official broke this rule, he released information on January 28th, he was communicating with someone, this information which was released by this person, could be used in harmful ways if it was told to someone which was planning to use this information in a wrong way. He was found guilty, they searched him home, a number of searched happened.

This kind of rule was broken a number of times which is below, what happened here, it does not show what he got, jail time and fine, but for this kind of crime committed it will probably be jail time and a fine.

It has been breached before, notably by Corporal Daniel James, an Army translator who worked for the head of Nato forces in Afghanistan.
Cpl James, 45, an Iranian by birth, was found guilty after sending coded emails to about British troop movements to the Iranian military attaché in Kabul.
In 2010, MI6 employee Daniel Houghton, was also was convicted and jailed for breaching the act.
The IT graduate, 25, helped develop a method of intercepting emails in the secret service, but tried to sell official secrets for £2million to agents from the Netherlands.
In 1997, former MI6 officer Richard Tomlinson was jailed for violating the Official Secrets Act by giving a synopsis of a proposed book to a publisher.
He pleaded guilty to the breach, after apparently giving details of his career in the Secret Intelligence Service, but the book was later published.
In 1983, Foreign and Commonwealth Officer Sarah Tisdall was imprisoned for leaking government documents to the Guardian newspaper. (Reference)

Health and Safety Act

the health and safety act is when you have to have a safe place for your employees to work in this case, your actors and so on, they have to be rules put it in place to stop people getting hurt, you have to provide training for your employees so they take the correct pro-cautions and know what they are doing whilst in the working place.

a big pro-caution which I found on youtube was this, the top gear crew were testing if they could go 0-60 in some kind of warehouse but doing this without hitting the chairs and the chairs would be the audience, this is a pro-caution in a way because they are seeing if it would work or not and it did not work.

this is a example of health and safety gone wrong, they tested if it would work, they took pro-cautions to make sure this would not happen, but it still went wrong, he did it once but it did not work the second time which they tried it, you could tell because of the amount of people which were put into this project that a lot of people put obstacles in the way to stop this from happening, but it still happened, this is a huge of example of why this act has to be put into place




Obscene Publications

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 such as bestiality, necrophilia, rape or torture (Reference)

in other words films that contain nudity, torture and so on, which may go way too far,  and this may cause some of the scenes of the film to get cut out, for example last year the BBFC cut 27% of 1,159 films all these films had a rating of R18


a guy which had given his blessing for a company to use his name for their upcoming film, he let them use it because he thought it would help children follow his footsteps because the story was about an actor which was the name what was used, because the story was actually about the guy who had given the blessing in a way, but in the trailer it shown him kissing a girl in a nightclub, he disapproved of it, he did not know this would happen, he thought it would damage his image and lead children astray to a different kind of lifestyle, it does not say if this scene was cut or not. but as far as this site goes with information about it, the film was still released anyway and it was fine, this could of been worse for the producer. 

Ethical Considerations 

when you are a producer there are many reasons you need to take into account of the ethical considerations, these are things such as making sure you do not offend people in your show or movie you are making, also harming people.

There are many ethical considerations you need to take into account, things such as when you produce, do not offend anyone, try and not to cause harm to anyone, because if people take this serious, they may harm their self or you may face the consequences of it.

They are important for many reasons, such as lets say you are the producer of a live TV show and because its live you need to take more things into consideration, you need to do background checks on who you are letting onto your show, lets say you bring someone onto your show who has an habit of offending people live, then you would probably wanna stay away from that kind of person, why? because if you let them on and that person happens to make a joke, may seem stupid and silly but people may take offence, depending on what kind of joke it is, also if he straight up offends someone, or he offends a large amount of audience, not a direct comment to someone, to everyone, this could cause multiple repercussions.


the kind of repercussions you would be looking at as a producer are a lot, you could be looking at a fine from OFCOM for breaking one of their rules which is causing harm and offence, this can result in a fine and to some extents, depending on the measure of what happened your show could be cancelled, the fine you could be looking at maybe around £60,000-£100,000, this is just for braking one of the rules.


here is an example of what happened when discovery channel broke one of OFCOM rules, they shown a reconstruction of a murder, of a year old boy, I dont want to go into details on this but they shown this as a real life case reconstructed. Which made it worse that it was ran in daytime in summer, when children were off school, it was apart of a documentary which was called "the deadly women". Discovery channel commented on this, they said it was a significant breach of the programmers code and they apologized for doing this, they also said they have now improved their compliance procedures.


Protecting under 18's

when you are a producer, you must always take into consideration people who are younger than 18, you need to make sure they are safe when you have them on set or something such as that, if you are doing something such as an interview then you need to have parental consent for it, because if you do it without that you are braking the law and you may face a fine for doing so.





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