some notes on

Media regulation - legal and ethical issues

Legal Issues

Defamation laws (civil and criminal)

Libel - when an unjustified attack is written, published or broadcast in some way.
Most media producers, particularly journalists need to be aware of this.

Slander - a verbal defamation

The media can justify their output

if it can be proved to be a complete fact.

If something is deemed to be fair comment, in good faith.
If something is in the greater public interest and is protected like parliamentary reporting.

Contempt of court - acting so as not to prejudice the outcome of a trial by not naming
individuals protected by the law. Producers/reporters must check with other sources or those
who can provide appropriate checks that this has not happened

National Security - producers most be aware of laws such as The Official Secrets Act
1911 and The Prevention of Terrorism Act.

Copyright
Part of intellectual property law. Originators of material such as books, plays, songs,
photographs etc. have automatic ownership of that piece of work - although its advisable to
obtain legal protection. You cannot copyright an idea, only the application of that idea.

Such work cannot be used or copied without the permission of the originator , usually with
some form of royalty or payment.

A difficult area to regulate. (see songwriting challenges).

Discrimination
It is illegal to discriminate against anyone on grounds of sex, age, disability or ethnic origin
when recruiting or in the workplace. How such groups and issues are presented in the media are
often representational. (e.g. stereotypes)
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Ethical issues
Issues of morality, what is right or wrong. Issues such as exploitation, sensationalism,
offensive material (watershed), privacy etc. are not usually enforced by law.
Regulatory bodies and codes of practise exist often within the industry.

Representational issues are to do with the re-presentation of people,facts,opinions and

events. The process of mediation.

Media regulation
The trend is away from publicly owned companies towards privatisation (lightly regulated
organisations) has continued since Thatcher like policies of the 1980’s not just in this country.

In England the 1990 Broadcasting Act - aimed to keep broadcasting services as independent
as possible. Regulatory bodies such as the ITC (independent television commission) were set
up. As were Channel 4 , S4C and about 50 independent local radio stations.
Channel 3 ITV, was released from its obligation to act as a public service.(C 4 still has this role)

BBC required to commission 25% of broadcast material from independent producers.

Led to ‘producers choice’ the increased use of outside production facilities. (cheapest)

Direct Consequences of the Act on Broadcasters

* Production base of BBC and major channel 3 companies has shrunk

* British Broadcasters make some types of programmes with co-production deals (often
with overseas broadcasters

* More small independent companies

* Broadcast staff more likely to be freelance or employed on fixed term contracts.

Regulatory bodies and codes of practise

There are a number of bodies who have been appointed to oversee the regulatory framework
within which the UK Media operate. These include;

ITC & Radio Authority , British Board of film classification (BBFC), Monopolies and Mergers
Commission, Press Complaints Commission (PPC) Advertising Standards Authority (ASA)

ITC - set up by the 1990 broadcasting act

Awards licences to independent broadcasters inc. cable and satellite. Regulates content.
The Radio Authority does much the same thing for Independent radio.
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The British Board of Film Classification

An independent, non government body which establishes the classification of films.

It is local authorities who decide whether to show a film in their area, although they usually
follow the BBFC,s advice.
Some important laws have to be adhered to incl. the Obscene publications act , The
Cinematograph Film (Animals ) act (1937) , blasphemy, libel and the Protection of Children
Act 1978.

Issues of censorship

- Who censors ? the board, individual, parents, government. ? cultural factors

- Why censor ? do we need censorship , in what areas.
Issues of freedom and public interest

Issues rarely clear cut. see areas of propaganda, new media, individual preference.

The competition commission (1999) (replaced the monopolies & mergers commission)

Set up to ensure that no company has too much control over the sensitive media industries.
Becoming increasingly important, due to trends in cross media ownership.

Press Complaints Commission

Created by the newspaper industry itself in 1991, replaced the press council. following criticism
over intrusions of privacy.
Its role today includes the following areas; (based on the 1993 Code of Practise)

the right to reply - gives people or organisations the right to reply to criticism in the press.
Although this is not enshrined in law.

chequebook journalism - to do with bribing people to give exclusive stories to newspapers

Other areas include - printing inaccurate, misleading or distorted material.

Newspapers are expected to distinguish between comment, conjecture and fact.

Other issues include privacy , use of listening devices , misrepresentation , harassment,

discrimination and the interviewing and photographing of children.

Advertising Standards Authority

The ASA code demands that advertising is Legal, Decent, Honest and Truthful.