Understanding the regulation of creative media sector
How are films given a certification?
Films that are going to be used for theatrical release are normally classified by at least two examiners using the published guidelines. If they see a problem with the film it may be seen by other members of the Board to the Chief Executive and Presidential team. Occasionally they will have to take specialist advice about the legal acceptability of film content or its potential for harm.
For DVD's they are normally seen by one Examiner, mostly when they are viewing the DVD version of a cinema film which has already been classified.
The issues they look for are discrimination, drugs, horror, language, imitable behaviour, nudity, sex, sexual violence, theme and violence when making decisions. The other things they consider context, the tone and impact of a work (eg. how it makes the audience feel)
British board of film classification
The British board of film classification is a non governmental organisation, which is funded by the film industry, that is responsible for the national classification of films within the united kingdom. It has to compulsory classify videos, DVD's and some videos games under the video recordings act 2010. The BBFC theatrically released films, rated videos and video games that forfeited exemption from the Video Recodrings act 1984. This was discovered in August 2009 to be unenforceable until the act is re-enacted by the Video recordings Act 2010. Legally the local authorities have the power to decide under what circumstances films are shown in cinema. Nearly always they choose to follow the advice of the BBFC.
Here are the current ratings:
U - Universal
All ages admitted, there is nothing unsuitable for children over the age of 4
PG - Parental guidance
All ages admitted but certain scenes may be unsuitable for children under 8
12A
This age is only used in cinemas. The film wouldn't be suitable for young people so people who are aged 12 are only admitted if accompanied by an adult, aged at least 18 years old. Films under this category can contain mature themes, discrimination, soft drugs, commonly used milder swear words and moderate violence/sex references.
15
Only those over 15 years are admitted. Younger than 15 cant rent or buy a 15 rated VHS, DVD, Blu-ray Disc, games or watch a film in the cinema with this rating. Usually the films contain adult themes, hard drugs, strong language, moderate strong violence/ sex references and mild non detailed sex activity.
18
Only adults are admitted. Nobody younger than 18 can rent or buy an 18 film. Films in this category do not have limitation on the bad language that is used. Hard drugs are generally allowed and strong/ sex references along with strong sexual activity is also allowed. Scenes of strong real sex may be permitted if justified by the content.
R18 - Restricted 18
Can only be shown at licensed cinema or sold at licensed retailers or sex shops and only to adults, those aged 18 or over. Films under this category have material the BBFC does not allow its 18 rating, violence and sex activity will be stronger in R18 rated VHS, DVDs and films than those rated 18 however, there is still a range of material that is often cut from R18 rating. More cuts are demanded in this category than any other category.
A page on the BBFC is a case studies page. This shows films from A - Z that the BBFC have tried to change. An example of a film is Attack the Block.
Attack the Block
The BBFC wanted to rate the film as a 12 but under the BBFC guidelines its automatically turned into 15+. Attack the Block uses f**** 50 times within the film and the uses of motherf****** is used. Soft drugs were only used which was marijuana
Cloverfield
BBFC distributer requested it as a 12A but the filmed passed for a 15. It contains strong threat and moderate horror which is considered as a 15.
OFCOM
As the BBFC look through the guidelines, OFCOM have to monitor radios and TV. They have to monitor what gets broadcasted and making sure they follow the broadcasting codes and Guidance.
They are licensing company allowing people to TV broadcast programme.
Here are the codes and conducts they go along with to make sure nothing inappropriate is getting broadcasted:
Drugs, smoking, solvents and alcohol
Violence and dangerous behaviour
Offensive
Sexual material
Nudity
Exorcism and the paranormal
The involvement of people under eighteen in programmes
OFCOM are responsible for taking down Radio or TV programmes that may cause problems to the public.
For example, a Top Gear episode had to be taking down after two viewers had complained of the word 'slope'. Clarkson saying "That is a proud moment. But there's a slope on it" The two viewers had said it was offensive. After receiving the complaints, the Producer Andy Wilman said it was " a light hearted wordplay joke referencing both the build quality of the bridge and the local Asian Man who was crossing it" After is not being justified, Wilman took into account that viewers overseas might find it offensive. "We were not aware at the time, and it has sub frequently been ought to our attention, that the word 'slope' is considered by some to be offensive and although it might not be widely recognised in the UK, we appreciate that it can be considered offensive to some here and overseas, for example in Australia and the USA" He then went on to mentioning that if he knew at the time they wouldn't of broadcasted it. This episode was scrpited in advanced but during the post production BBC failed to check whether the word had the potential to offend viewers. In the past Clarkson has been done for other offensive things so now Clarkson revealed that he had been given a warning and would be sacked is he made "One more offensive remark, anywhere, at any time."
IPSO
IPSO is a new independent regulator for the newspaper and magazine industry in the UK. They uphold the highest standards of journalism by monitoring and maintaining the standards set out in the Editors code of practice and provide support and redress for individuals seeking to complain about breaches of the Code. IPSO is committed to working with the newspaper and magazine industry to maintain and enhance the freedom and authority of the press through effective, independent regulation.
The Editors code consists of:
Accuracy
Privacy
Harassment
Intrusion into grief or stock
Reporting suicide
Children
Children in sex cases
Hospitals
Reporting of crime
Clandestine devices and subterfuge
Victims of sexual assault
Discrimination
Financial journalism
Confidential sources
Witness payments in criminal trials
Payment to criminals
Using these techniques in a newspaper or magazine with higher professional standards that members of the press subscribing to the Independent Press Standards Organisation have undertaken to maintain.
Three newspapers were reported to the IPSO for running what are claimed to be inaccurate stories about the European Union.
ASA
The ASA is a UK independent regulator of advertising across all medias. ASA stands for Advertising standards Authority. They make sure that all advertising are legal, decent, honest and truthful.
An example of when ASA bans a Ryanair advertisement for being 'sexist'. This ad for budget airline was likely to cause offence after 11,000 people signed the petition. The advertising watchdog had banned the Ryanair newspaper campaign featuring scantily clad flight attendants, ruling that it linked female cabin crew with sexual behavior and should not appeared in national newspapers. The newspaper featured the flight attendants in there underwear with the headline saying "Red hot fares & crew." The ASA received 17 complaints altogether that the ad campaign was sexist. Ryanair defended the campaign saying that the images used were from the charity calendar that the flight attendants agreed to be in, was not sexist and didn't objectified women.
The main issue of regulation:
Protection of public order and the security of the state.
Maintaining respect for the public.
Respecting human rights of expression and protection from insult and prejudice.
Preventing by the way of harm to children and young people from undesirable content.
Consumers choice refers to the decisions that consumers make with regard to products and services. When we study consumer choice behavior, we examine how consumers decide which products to purchase or consume over time. The factors that influence consumer choice are personal factors, social factors, economic factors, psychological factors and environmental factors.
Sources
http://damenexample.blogspot.co.uk/2011/10/regulation-of-media-sector.html