Legal and Ethical Considerations in Media
Chapter 2: Understanding the ethical and legal considerations when working in the creative media sector
Legal considerations:
Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more.
Why is it important for producers to understand the legal considerations when working in the creative sectors?
There are 3 different types of legal considerations to think about when working in the creative media sector:
Privacy Law:
- Privacy law is a regulation that protects a persons rights to be left alone
- People are allowed to lead their lives without public scrutiny
- The right to privacy
- The right to be left alone. this comes under harassment and data protection.
Copyright:
- Intellectual property is something that is unique to you if physically created i.e an idea is not your intellectual property but the words you write are.
- Copyright is a type of intellectual law that protects your work.
- By knowing your right and having the right type of protection you can stop people stealing or copying:
Different types of copyright:
- The names of your products or brands
- Your inventions
- The design or look of the products
- Things you write, make or produce
Rogers was a photographer and took a picture of this couple hold the dogs. Koon then used the image to create a model. The original picture was used to greeting cards. The photo that was taken on the left would have had copyright issues on it to stop other people using it. Koons didn't take this in to consideration and made the models out of the picture. He sold several of these structures and made a large amount of profit. Roger then discovered it had been copied and sued Koons for copyright fraud. Koons then responded by claiming fair use of the picture. The outcome was that Koon's defense was rejected under the argument that he could of used more of a generic source, without copying Rogers work. Koon's was forced to pay monetary settlement to Rodgers.
Libel law:
- To publish something which is not true or could harm that persons reputation and may bring hate or scorn towards them.
- In Libel it must be a statement which claims to be fact and is not clearly identified as an opinion. When that opinion gets around people reputation could be affected and may be affect there life depending on what type of comment was made.
Obscene publications act 1959
The is a law that makes an offence to publish. For those who hear, read or contained in it can take offence to what had been published. For example 'The Human Centipede' would be in breach of the obscene publications.
The BBFC rejected this film and decided not to supply it anywhere in the UK. The first film was a mad doctor who kidnapped three people and decided to sew them together. They then decided to make a second film out of it but with a man that was obsessed with 'The Human Centipede'. He had the first film recordings who wants to put the centipede into practice. Unlike the first film the sequel contains images of sexual violence, forced deification, torture and mutilation. The first film didn't reach the obscene publication act as it was a revolting medical experiment, with the focus on whether they would escape or not, this is why this didn't reach the obscene act. http://www.bbfc.co.uk/about-bbfc/media-centre/bbfc-rejects-human-centipede-ii-full-sequence
Official secrets act 1989
It is illegal to disclosure confidential information regarding national security. For example if a newspaper published a story about the short comings of England's latest warship. This could then threaten the country and therefore endanger national security. An example of this would be when Metropolitan police are seeking a court order to make Guardian reporters disclose their confidential sources about the phone hacking. This was under the official secrets act 1989
Why its important for producers to understand Ethical considerations when working in creative sector
Ethical considerations:Ethics is what morals someone has to something. Moral conduct. Rules of conducts, responsibility (not the law). If you break an ethical code you may be forced to the ethical disprove from your peers or professional.
Media Ethics
Media ethics is the subdivision of applied ethics dealing with the specific ethical principles and media, including broadcast media, film, theatre, the arts, print media and the internet.
Digital Ethics
Digital Ethics is the study of how to manage oneself ethically, professionally and in a clinically sound manner via online and digital mediums. Every psychologist who uses the Internet or a cell phone (which amounts to nearly all of us) must look at issues
Adhering to the professional body codes of practice
Here are a few example of someone that goes against peoples ethics:- Russell Brand was going against the Ethics as he was calling about Sachs daughter, things that were inappropriate to talk about. He used words such as "Slut" and Brand also revealed her name on air, also just in general being a bit harsh. The whole production team were shocked to what they came out with
Offensive Language
Offensive language is used in the voice message. He uses "Slut" in the voice message which is offensive. Children may have been listening to the broadcast which could be a bad influence.
Privacy
They mentioned the girls name and Russell Brand didn't want to let people know what her name is.- Frankie Boyle and Katie Price. Frankie Boyle had made jokes referring to Katie Prices son Harvey. He had used inappropriate language towards Harvey. He mentioned this on a Comic Relief give it up gig. He said "Apparently Jordan ad Peter Andre are fighting each other over custody of Harvey, well eventually one of them'll lose and have to keep him. I have a theory that Jordan married a cage fighter cause she needed someone strong enough to stop Harvey from f***ing her."
The offensive language used in this is the subject of f***ing her with the cage fighter stopping him. This was also mentioned at a charity event. Although he has a reason to make comedian jokes but he went to far and Katie was offended with the remarks towards her son.
- James Franco
He was harassing the girl by asking her question after question.
- Offensive Language
- Shes over the age of consent
- Could be for a little publicity, as he was bringing out a film at the time
- Its a bit creepy that fact of the age difference and he's messaging like that. One message after another. Could come across as obsessive.
Social issues and sensitives
This includes representation of gender, representation of religious beliefs, accessibility etc...Producers have to be careful with this kind of ethical point of view. This is what people are referred to such as their race, gender, gay prejudice. For example if you showed something to do with homosexuals it could offend gay people. This is something you don't want to come across as it can be a sensitive subject to some people.
Here below is a show that used to be on the TV all the time and most people know what TV show it is. The things they say in TV show is a little inappropriate which could offend some viewers. I don't think this is shown any longer on TV due to the fact it could still offend people.
Offcom
They regulate the TV and radio sectors, fixed line telecoms and mobiles, plus the airwaves over which wireless devices operate. They try to make sure that they get the best from the communications services in the UK.BBFC
The British Board of Film Classification is responsible for making sure that the content that is shown on a film, TV programme, adverts and video games. It is also responsible for the age classifications that are set for the right films. They look at the things such as discrimination, sex, drugs, horror, theme, violence, nudity and language when looking at what should and shouldn’t be shown.I found these sources off different websites.
http://metro.co.uk/2013/03/07/frankie-boyles-top-10-controversial-gags-from-katie-price-to-madeleine-mccann-3530889/
http://www.bbfc.co.uk/about-bbfc/media-centre/bbfc-rejects-human-centipede-ii-full-sequence
http://www.bbfc.co.uk/about-bbfc/media-centre/bbfc-rejects-human-centipede-ii-full-sequence
No comments:
Post a Comment