ramount pictures delays release of kite runn

Paramount Relocated the boys

to Dubai… where they lived for two years;
before returning to Afghanistan.
What is legal isn’t always ethical…
 CHILDREN’S RIGHTS Are protected by
law.
UNITED NATIONS- UNIVERSAL CONVENTION ON THE RIGHTS OF THE CHILD (1990)
Bearing in mind that, as indicated in the Declaration of the Rights of the Child,
"the child, by reason of his physical and mental immaturity, needs special
safeguards and care, including appropriate legal protection…”
 CONSITUTIONAL LAW
Provides for the safety, education, health, social and economic rights of children to
life liberty and happiness.
 Concerning child actors
There are various bodies per region who oversee regulations concerning child actors;

• SAG-AFTRA (USA)
• Child Performers Protection Act (2015) Bill under review (USA)
• Protecting Child Performers Act (2015) (ONTARIO, CANADA)
• Child Performances and Activities England (2014) (UNITED KINGDOM)
• Law of the Peoples Republic of China on Protection of Minors (1992) (CHINA)
Concerning child actors
Commonalities among these regulatory bodies include:

• Definition of a minor
• Education
• Chaperons and Supervision
• Labour Laws
• Moral and Psychological Safety
Conditions stated in the SAG-AFTRA & PPA
(2015) On. CA

NOTE THAT:
• These laws are pretty recent
• The CPPA (2015) has not been passed- And is an amendment of the Fair Labor
• Standards Act of 1938 to revise the application of child labor requirements and
prohibitions with respect to child performers to specify new limitations on the
number of hours such children may be employed at the place of employment.
The section Psychological Stress is included in ON.CA but not in the USA or UK
PSYCHOLOGICAL STRESS PCPA (2015)
CA
“When a child performer is engaged to perform subject matter that could be
psychologically damaging to the child, or results in psychological stress, a psychologist
or therapist who is properly accredited by the applicable College should be hired by the
producer to guide and assist the child to handle the emotional and mental stress of such
subject matter.”
It must be noted that children are
minors and are still answerable to
their parent/s or guardians. Directors
and producers must ensure that
communication between both parties
is maintained and that transparency is
upheld.
Children may not be fully capable of
handling certain things around them
mentally as yet. Therefore, care must
be taken in order to safeguard their
innocence and not allow them to be
exposed to a world of drugs and
sexual abuse.
The type of audience and
environment must always be
considered before allowing children to
role play certain scenes.
Dakota rape
Kick ass
Kids (1995)
Many are of the belief that the Hollywood stardom which a child star experiences is way too
much to handle at a tender age. It has been seen over the years where young Hollywood
stars have suffered from depression, anxiety and drug abuse due to the pressures of the
fast pace industry. It has been seen where many childhood stars when they hit the
adolescence stage they become faced with these conditions.
Macauly Culkin is a child star who has experienced his fair share of troubles when growing
up.In 1995 his parents fought for custody over him as it was rumored that his father
wasmismanaging his childhood fortunes which affected him. In 2004 he was arrested for
possessionof Marijuana and also possession of prescribed prescription drugs. It is also a
known fact thatCulkin was an avid marijuana user.
Lindsay Lohan is also a child star who had become a drug abuser. Star Actress Lohan had
become a major alcoholic and was arrested and sentenced to jail for driving under the
influence. Lohan has also faced trouble with the law for stealing a necklace from a jewelry
store. Lohan had been in and out of rehabilitation centers over the years trying to overcome
her addiction.
Amanda Bynes, a child actress is also another victim of child Hollywood stardom. Bynes
had experienced her stardom at an early age where she even had her own television show
on Nickolodeon named The Amanda Bynes Show. Bynes became an alcoholic and drug
user and has been arrested on several occasions. Bynes was checked into a mental facility
after setting afire in front of her neighbors home.
The situation can be applied to theoretical perspectives:
 NON CONSEQUENTIALIST /
DEONTOLOGICAL THEORIES

Right or wrong isn’t dependent on the consequence of the decision, but on the
actuality of being right or wrong.

Divine Command Theory: Biblical

Kant’s Duty Ethics: Being right is the duty of the good man
 CONSEQUENTIALIST /
TELEONTOLOGICAL THEORIES
Right or wrong is determined based on the consequence of the decision.

Utilitarianism: Greatest good for the greatest number of people (not individualistic)
Pragmatism: Be practical; consider the situation; change opinions with changing
situations
THE POTTER BOX MODEL

1. Define the situation: Gather information. Put situation in context. How it

developed/is now
2. Identify values: What do you stand for? Your beliefs
3. Select principles: Ethical principles, reasoning applicable
4. Choose loyalties: Who am I going to be loyal to in this situation? God? Self?
Film? Film company? Kids?
5. Make a decision
conclusion
 IT’S ALL ABOUT BALANCE
Film-makers have to juggle legal and ethical issues in a manner which ensures
the safety and comfort of child actors, without compromising communication intent.
 It’s all about balance

• Legally: Are our actions within the parameters of the law?

• Ethically: What impact will this film and the actor’s work have on his/her
person(psychologically, physically)
• Staying true to the film: Is the film’s intent being compromised? How else can the
message be brought across?
• Social Responsibility: Is the film company being socially responsible or neglectful?