Legal and Ethical Issues

Copyright, Designs and Patents Act 1988.

The law gives the creators of literary, dramatic, musical, artistic works, sound recordings,
broadcasts, films and typographical arrangement of published editions, rights to control the
ways in which their material may be used. The rights cover: broadcast and public
performance, copying, adapting, issuing, renting and lending copies to the public.

This is a CIVIL law not a CRIMINAL law.

This means it is not a criminal offence to break the law, which could result in a fine or jail
sentence. Instead, the person who owns the copyright has to sue the person they believe
has broken the law. The case is then heard in a civil court and if the person is found guilty of
breaking copyright law then they will have to pay damages to the owner of the copyright.
The amount of damages is set by the court.

APPLICATION

I will use my own script, logo and slogan when creating and recording my radio advert. If i
use any sound effects i will take these from sites that allow you to use their own material. I
will not use any scripts or recordings that are not my own.

Equality Act 2010

This law legally protects people from discrimination in the workplace and in wider society. It
is against the law to discriminate against anyone because of:

● Age
● Being or becoming a transsexual person
● Being married or in a civil partnership
● Being pregnant or on maternity leave
● Disability
● Race including colour, nationality, ethnic or national origin
● Religion/belief or lack of religion/belief
● Sex
● Sexual orientation

This is a CRIMINAL law.

Therefore anyone who is considered to be breaking the law could be arrested. It would
result in a criminal trial which if found guilty could result in a fine or jail sentence.

APPLICATION
I will make sure not to breach this law and not discriminate against anyone in my radio
adverts and radio show. In the advert for fitness is a men and women only fitness group, I
am not discriminating.

Intellectual Property

Intellectual property is having the right type of intellectual property protection helps you to
stop people stealing or copying:

● the names of your products or brands

● your inventions
● the design or look of your products
● things you write, make or produce
Copyright, patents, designs and trademarks are all types of intellectual property protection.
You get some types

of protection automatically, others you have to apply for.

You own intellectual property if you:

● Created it and it meets the requirements for copyright, a patent or a design

● Bought intellectual property rights from the creator or a previous owner
● Have a brand that could be a trade mark e.g. a well known product name
● If you believe anyone has stolen or copied your property you would sue them in civil
court.

Types of Protection

The type of protection you can get depends on what you’ve created. You get some types of
protection automatically, others you have to apply for.

Automatic Protection

TYPE OF PROTECTION EXAMPLES OF INTELLECTUAL PROPERTY

Copyright writing and literary works, art, photography,

films, TV, music, web content, sound
recordings.

Design right Shapes of objects

Protection you have to apply for

 Type of Protection Examples of Intellectual Time to allow for
Property application

Trade marks Product names, logos, 4 months

jingles.

Registered designs Appearance of a product 1 month

including shape, packaging,
patterns, colours and
decoration.

Patents Inventions and products eg- around 5 years

machines and machine
parts, tools and medicines.

APPLICATION: The adverts I will be creating will be completely my own creation. I will not be
copying anyones existing adverts as it is on radio intellectual property such as logos are not
relevant to radio production.

Trespass

This is a civil law. Trespass to land consists of any unjustifiable intrusion by a person upon
the land in possession of another. Civil trespass is actionable in the courts.

APPLICATION: I will record my adverts in the Priestley College Radio Room as i have
permission to use the room to record my adverts.

Privacy
The introduction of the Human Rights Act 1998 incorporated into English law the European
Convention on Human Rights.

Article 8.1 of the ECHR provides an explicit right to respect for a private life:
Article 8 protects your right to respect for your private life, your family life, your home and
your correspondence (letters, telephone calls and emails, for example).

● Privacy Law is a law which deals with the use of people’s personal information and
making sure they aren't intruded upon. These laws make sure people can't have their
information wrongly used without permission.
 ● Anyone who believes their right has been broken can make a civil claim in the courts
against those they believe have invaded their privacy.
●
● When applying the legal principles the court will balance the claimant's right to
privacy against the right to freedom of expression.

● If the claimant is proved to be correct this could result in an injunction banning

publication of information; damages; and return or destruction of the material
gained from the intrusion.

APPLICATION: I will not break this law as I will not give away any sort of personal
information about the people who have joined the enrichments. The only information I will
be giving is the information about the enrichment , the time of enrichment , date the
enrichment is on, the room the enrichment will be held in and teachers name which is
already on the Priestley College website which will then be shared onto the radio show.

Defamation Act 2013

This Act reformed defamation law on issues of the right to freedom of expression and the
protection of reputation. It also comprised a response to perceptions that the law as it stood
was giving rise to libel tourism and other inappropriate claims.

The Act changed existing criteria for a successful claim, by requiring claimants to show actual
or probable serious harm (which, in the case of for-profit bodies, is restricted to serious
financial loss), before suing for defamation in England or Wales.

It also enhanced existing defences, by introducing a defence for website operators hosting
user-generated content (provided they comply with a procedure to enable the complainant
to resolve disputes directly with the author of the material concerned or otherwise remove
it), and introducing new statutory defences of truth, honest opinion, and "publication
on a matter of public interest“.

LIBEL- A written, published false statement that is damaging to a person's reputation.

APPLICATION: As I am promoting two enrichments and do not want to misrepresent what

they offer, I will make sure the adverts are factual and give a realistic idea of what happens
during the enrichment so i can also advertise it on my radio show and talk more in depth
about the enrichments the college has to offer to the students.

Ethical Constraints
REPRESENTATION

The only model in my advert is white but it also doesn't represent multicultural Britain. If I
was doing my adverts to a professional standard I would use models from different
ethnicities such as, black people, chinese people and pakistani people. Also, as I am
advertising second hand clothes from a charity shop that are in a good condition and look
good, so I will not make out that the clothing is better than it is.

Regulatory Bodies

What is OFCOM?
OFCOM is a government approved regulatory body for telecommunications and postal
industries.

OFCOM regulates the TV and radio sectors, fixed line telecoms, mobiles, postal services, plus
the airwaves over which wireless devices operate. The role of Ofcom is establishing the
policy and strategic direction including the resourcing framework for the operation of
Ofcom; ensuring that the highest standards of corporate governance are observed at all
times;and ensuring that Ofcom operates within the limits of its statutory authority and that
the staff operate within the limits of delegated authority.

ASA
ASA regulatory bodies for adverts in the UK are truthful, honest and legal if for any reason
these adverts aren’t the ASA regulatory bodies team will resolve the problem and sort out
anything such as backlash they might get from the certain advert. If ASA agrees with the
complaint about the specific advert they will either: remove the advert, change it or make it
better for the public to see it.

APPLICATION:
My 2 adverts follow the rules ASA regulations have in place. By making sure my adverts
follow the ASA rules I will make sure that they are truthful, honest and legal as I wouldn't
want to advertise something that isn't true and give other people false information.