Thursday, 8 January 2015

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

Understanding the ethical and legal considerations when working in the Creative Media Sector

Legal

It is important for the producer to understand the Legal Considerations when working in the Creative Media Sector because if you don't understand all the Legal Laws then you could affect you and your production and you could be jailed or you can get sued and fined and your production will have be shut down also it would be hard to find work in that particular Media Sector for example if you are working in the TV Sector and you broke any of these law besides from your production getting shut down, it will be hard to find another job or another show to produce because you broke the Law this could happen if the Producer does not understand any of these Laws below

  • Privacy Law -Privacy Law is the right of the individual to determine when or how and also what he/she will release personal information and the only way this right can be violated is when the Government had permission from a Judge to record him/her private communications but only if the judge is convinced that a crime has been or being committed and the private communication is used as evidence of the crime committed for example  The Doctor who secretly took pictures and filmed of his patients without the patients knowledge.

  • Libel Law - To published in Print whether it's pictures, Radio, Broadcast, Writing the untruth of another individual which will do harm to that person or damage their reputation and this can be open as a lawsuit if that person can prove that the statement about him/her was a lie. For example the libel news about Ryan Giggs having an affair with another women. 

  • Obscene Publications - The Obscene Publications Act mostly applies to Film and TV which covers obscene things like for example the film The Human Centipede got banned for years because of the obscene scenes that was in that movie. Obscene is not just sexually explicit material in films or in TV but also Violent material and sometimes drug taking and also it could also lead to harm and offence under the Ofcom Broadcasting Code and also The Communications act 

  • Copyright and Intellectual Property Law -Copyright is something you create and once you create it and write it down it is already your work so nobody else can potentially steal or take your idea and use it for their own work. the only way they can put your work into they research or work is if they ask permission from you and you accept and then you can use your work for their work. If you breach Copyright laws you can get sued by people who you copied of and then you could potentially lose money because you have to pay for your own Legal Fee's and Court Appearances.For example Apple sues Microsoft in 2012/2013 for infringing on it patent in the new iPhone 5

  • Official Secrets Act - Official Secrets Act is for legislation which provides protection of all the secrets of the country or state or all of the official information and like people who work in the government or in the army have to sign a contact which once they have signed they cant anyone any of the secrets if they get caught they will be jailed and maybe fined money and fired from their job which could be hard to find work.


  • Health and Safety - Health and safety act is to protect the public and employers, employee's from work activities. Everyone has a duty to follow the Act so nobody gets injured or hurt. this is why in movies and show you have to fill in an Risk Assessment form to stop you from getting sued. The workers must have experience with the tools and must know how to correctly hold them or carry them and make sure materials or chemicals are stored correctly and to look after the health and safety of others for example the public or fellow employee's;

 For example if you are working producing a movie the Producers should ensure, so far as is reasonably practicable, that persons working with and for them are not exposed to risks to their health and safety. An example of what may be considered reasonably practicable would be if location filming was taking place in a warehouse with poor lighting. It would be appropriate to ensure that extra lighting is used and that all sharp or otherwise hazardous equipment is made safe for everyone so that they is no danger and nobody gets hurt.

Ethical

As a media producer you need to aware of the Ethical Issues when working in the Creative Sectors and you need to follow these Guidelines otherwise you break these guidelines without knowing and then your show could be cancelled and you could be fined money and because of that it will be also hard to create another show because you have already broken guidelines. So producers need to aware of the following guidelines:


  • Harm and Offence - Harm and offence is one of the Ethical Issues and you need to be careful that you don't do any harm or offend anyone in the audience and the people watching a home. If you break this guideline then your show or movie could possibly get cancelled and you could get fined by of-com for breaking the guideline and also it will be hard to produce another show because you have broken the guidelines before so they may not allow you to produce another show. For example Frankie Boyle made a disturbing joke about Katie Price's son Harvey and his show got cancelled and he faced lots of consequences because of that because he broke loads of guidelines including Harm and Offence and also because her son is a minor therefore the guideline Protecting Minors and Vulnerable People was also broken and he had to apologise to Harvey and Katie Price for making that joke.

  • Privacy - Privacy Law is the right of the individual to determine when or how and also what he/she will release personal information and the only way this right can be violated is when the Government had permission from a Judge to record him/her private communications but only if the judge is convinced that a crime has been or being committed and the private communication is used as evidence of the crime committed for example  The Doctor who secretly took pictures and filmed of his patients without the patients knowledge. For example if BBC or itv were interviewing someone if the person didn't want to be seen on air then the company would have to blur her face to protect her privacy.

  • Protecting Children and Vulnerable people - This Broadcasting cod is to protect minors from any harm and offence which is for kids under 15 also vulnerable people like Katie Price son Harvey is disabled and Frankie Boyle made a joke about his disability and Katie price and Frankie Boyle broke this broadcast code aswell as harm and offence also its to keep explicit material away from them if its not suitable for them for example programmes that have sexual material or violent material and bad Lagrange which is unsuitable for young minors
  • Issues of Fair Representation - is there to To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes. "This section and the following section on privacy are different from other sections of the Code. They apply to how broadcasters treat the individuals or organisations directly affected by programmes, rather than to what the general public sees and/or hears as viewers and listeners.

    As well as containing a principle and a rule this section contains "practices to be followed" by broadcasters when dealing with individuals or organisations participating in or otherwise directly affected by programmes as broadcast. Following these practices will not necessarily avoid a breach of this section of the Code (Rule 7.1). However, failure to follow these practises will only constitute a breach where it results in unfairness to an individual or organisation in the programme. Importantly, the Code does not and cannot seek to set out all the "practices to be followed" in order to avoid unfair treatment." - REFERENCE

                                                                                                    Producers Guidelines are Guidelines that help you think of what you are saying so you don't harm and offend someone or effect someones privacy or break any of the rules set by OFCOM

BBC's Editoral codes have a higher expectation standards for the BBC and are expected to be aware of them and follow all the producers guidelines which is a public statement which allows the BBC Programme makers be aware of all the guidelines and make sure they follow all of the guidelines