What is the nature of contemporary media regulation compared with previous practices?

• What is regulation? • How has regulation changed? • How does regulation differ in the different mediums?

Case Studies.

Big question
• Big question or stretch question: • What impact has the internet and web 2.0 had on regulation? • Support: What is web 2.0

Regulation in the UK past to present
• Historically, from the 1909 Cinematograph Act onwards, censorship in the UK has been medium specific.

• The internet and new media has changed that.
• Harder to regulate the internet – global nature etc.
– Differences in US and UK law regarding ‘impartiality’. – In Sweden it’s not an offence to possess what in the UK would be deemed unlawful pornography. Further, Sweden has different copyright laws which makes downloading legal

Regulation: Discussion point
• In looking at what regulation means, we have to ask ourselves, what do we regulate? From whom do we regulate and should regulation be self-regulated in a democratic • society ? Is regulation the same as censorship?

Different regulators in the UK
• OFCOM-Television, Radio and broadband-is a government approved regulatory body and has a statutory requirement. • PCC – Press and newspapers-is a voluntary regulatory body and has no legal powers. • BBFC- Cinema has a statutory requirement to classify films under the Video Recordings Act, but is self regulated and a non government organisation. All of the above have their own code of conduct, which is different and are enforced in a different way. This means that regulation is this country is media specific as it is specific to different media.

Regulation in the UK
• Press and television and even cinema have very different histories. The press since its existence has always held an important perceived position that it belongs to the fourth estate that it needs to be free to enquire and to be regulated by government would mean it could not do its job properly.

• Cinema and television have since its inception be deemed to be something that could and should be regulated although in different ways.
• Until recently with the emergence of the PCC, and the Human Rights Act the press in the UK could do what they wanted because there was no written constitution or laws governing privacy, the media could until recently act unregulated legally, and only the PCC could ethically regualatethem.

History of press regulation
• • Background The modern system of press regulation arose in after World War II. In 1947, a Royal Commission on the Press was established following pressure from the National Union of Journalists, which had maintained its own code of conduct since 1936. In 1949, the Commission recommended the formation of a General Council of the Press to govern the behaviour of the print media, from conditions of employment and training to issues of ownership, and to promote the interests of the consumers and conduct research into the long-term social and economic impact of the print industry. The industry was slow to respond, however, and it was only after statutory regulation was threatened that, in 1953, the General Council was set up, funded by newspaper proprietors. As today, the General Council and its regulatory framework was non-binding, and by the time of the Second Royal Commission on the Press in 1962, it had been subject to considerable criticism. The Commission's report demanded improvement, particularly the inclusion of members of the public. In response, the General Council was reformed as the Press Council, which included 20 per cent the general public members. It took a more activist approach, giving a number of authoritative rulings on press freedom and publishing a series of guidance booklets (Contempt of Court (1967), Privacy (1971) and Defamation

History of press regulation
• The press council was the predecessor to the PCC, it was an voluntary press organisation founded in 1953 with the aim of maintaining high standards of ethics in journalism. However in the late 1980s, several newspapers breached these standards and others were unsatisfied with the effectiveness of the council. • The Home Office set up the Calcutt committee to investigate whether a body with formal legal powers should be created to regulate the industry. • The report, published in June 1990, concluded that a voluntary body, with a full, published code of conduct should be given eighteen months to prove its effectiveness. • Should it fail, the report continued, a legally-empowered body would replace it

Today and the PCC
• The Press Complaints Commission (PCC) is a voluntary regulatory body for British printed newspapers and magazines consisting of representatives of the major publishers. The PCC is funded by the annual levy it charges newspapers and magazines. It has no legal powers - all newspapers and magazines voluntarily contribute to the costs of, and adhere to the rulings of, the Commission, making the industry self-regulating

PCC’s code of conduct
• • • • • • • • • • • • • • • • • • The Code of Practice The section titles of the code of practice on which judgements are made are as follows: Accuracy Opportunity to reply Privacy Harassment Intrusion into grief or shock Children Children in sex cases Hospitals Reporting of crime Misrepresentation Victims of sexual assault Discrimination Financial journalism Confidential sources Witness payments in criminal trials Payment to criminals

History of Ofcom
• Before Ofcom, all UK media was regulated by;
– – – – – – – – ITC – Independent Television Commission. OfTel – Telecommunications Regulator. BSC – Broadcasting Standards Commission. RA – Radio Authority. OFT – Office of Fair Trading. BBFC – British Board of Film Classification. BBC – British Broadcasting Corporation. PCC –Press Complaints Commision

Present-OFCOM 2003
• On 29 December 2003, Ofcom inherited the duties that had previously been the responsibility of five regulatory bodies: • the Broadcasting Standards Commission, • the Independent Television Commission • the Office of Telecommunications (Oftel) • the Radio Authority, and the Radio communications Agency.

OFCOM today
• Ofcom is regulated by an act of parliament and is also a approved government body. The key point about Ofcom is unlike the PCC or the BBFC which is self regulating, OFCOM is a an approved government agency. • It regulates complaints about TV programs • It regulates all television, including advertising although specific advertising complaints must still be made to the ASA. • It even regulates the post office

• The Broadcasting Standards Commission (later replaced by Ofcom) even rated swear words in 2002;
• • • • • • • • • • 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. C**t 11. Shag. Motherf****r 12. Whore. F**k 13. Twat. W****r 14. Piss Off. N****r 15. Spastic. Bastard 16. Slag. Prick 17. S**t. Bollocks 18. Dickhead. A***hole 19. P****d Off. P**i 20. Arse. 21. Bugger. 22. Balls. 23. Jew. 24. Sodding. 25. Jesus Christ. 26. Crap. 27. Bloody. 28. God.

OFCOM: what they do?

• • •
• • • •

Ofcom is funded by fees from industry for regulating broadcasting and communications networks, and grant-in-aid from the Government. What they do Our main legal duties are to ensure: the UK has a wide range of electronic communications services, including highspeed services such as broadband; a wide range of high-quality television and radio programmes are provided, appealing to a range of tastes and interests; television and radio services are provided by a range of different organisations; people who watch television and listen to the radio are protected from harmful or offensive material; people are protected from being treated unfairly in television and radio programmes, and from having their privacy invaded; and the radio spectrum (the airwaves used by everyone from taxi firms and boat owners, to mobile-phone companies and broadcasters) is used in the most effective way

What they do not do
• We are not responsible for regulating:
– disputes between you and your telecoms provider; – premium-rate services, including mobile-phone text services and ringtones; – the content of television and radio adverts; – complaints about accuracy in BBC programmes; – the BBC TV licence fee; or – newspapers and magazines.

The present and Future of Ofcom
When in opposition David Cameron said that "Ofcom as we know it will cease to exist.“ This is largely because of the size of salaries, which falls on the tax payer. In contrast the PCC puts a levy of newspapers, which does not cost the public anything. However, Ofcom received £81 million from the Government, it gave back £223 million in money it has made. So because it is making money it is unlikely the government would be able to get rid of it because of cut backs as its making money. In Febuary 2011 Ofcom went through a reorganisation to streamline and save money. At present it still exists, and if its making money it will probably continue to exist, or perhaps take on more responsibilities and a change of name like its predecessor.

• Each group will research regulation in the different mediums/ industries and also research how it has changed. Each question has to be researched to show the development of regulation in that medium, this can be the form of censorship i.e. something which was once Taboo now isn't.

• • • •

1. What is the history of television and regulation in the UK 2. What is the history of cinema and regulation in the UK 3. What is the history of the press and regulation the UK 4. What is the history of the internet make cross cultural comparison i.e. China’s regulation of the internet and its attempts to regulate. An example would be Google and China. • 5. Stretch question: How does the regulation of your medium differ to other countries.

OFCOM case studies
• • • • • • • OFCOM and SKY and SKY news merger Children licencing and OFCOM Product placement tv 9pm watershed Jade Goody - channel 4 - Big Brother-channel 4 has Channel 4 moved towards self censorship -Jonathan Ross and Russel Brand Stretch questions: Jan Moir and Steven Gately – how OFCOM is different to PCC

• • • • • • • • • • • • • • •

http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/digitalmedia/7859113/Ofcom-opens-the-door-to-product-placement-on-UK-television.html http://www.guardian.co.uk/media/2009/jul/21/childrens-television-uk-produced-spending-ofcom http://blogs.journalism.co.uk/editors/2007/10/19/ofcom-where-does-it-stand-on-internet-regulation/ http://www.ofcomwatch.co.uk/2004/03/ofcom-and-pcc-look-to-tackle-media/ http://www.inbrief.co.uk/media-law/media-regulation.htm http://www.inbrief.co.uk/media-law/media-regulation.htm http://www.guardian.co.uk/media/2003/jun/10/pressandpublishing.privacy http://www.guardian.co.uk/media/2010/feb/21/ofcom-press-freedom http://news.bbc.co.uk/1/hi/entertainment/6166814.stm http://www.digitalspy.co.uk/broadcasting/news/a187820/tories-promise-change-in-tv-regulation.html http://wotsat.techradar.com/news/sky-news-corp-merger-sent-ofcom-investigation-04-11-10 http://www.guardian.co.uk/media/2010/mar/31/ofcom-sky-sports-price-cut http://www.guardian.co.uk/media/2011/mar/03/bskyb-news-corp-merger-timeline?CMP=twt_fd http://www.guardian.co.uk/media/2009/oct/22/ofcom-childrens-tv-product-placement-ban http://www.guardian.co.uk/media/2008/may/13/ofcom.television

Cinema regulation
• • • • • • • • • • • • • Attitudes to censorship i.e reclassification, homosexuality in cinema, nudity and cinema Last tango in Paris and local government Banned films i.e Clock Work Orange. Child’s play Introduction of 12A films pg13 Obscene publications Act Violence in Cinema BBFC and video gaming industry Regulation of TV and Film http://www.sbbfc.co.uk/structure http://shootingpeople.org/destricted/guidelines.php http://en.wikipedia.org/wiki/BBFC http://www.learnaboutmovieposters.com/NewSite/INDEX/COUNTRIES/UK/BritishArticles/BritishCi nemaLaws.asp http://www.highbeam.com/doc/1G1-133132670.html http://www.internationallawoffice.com/Newsletters/detail.aspx?g=93f201ba-439e-45fa-bc54f70fac59c634 http://www.screenonline.org.uk/film/id/445733/index.html

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• • • • • • • • • • •

Possible case studies for PCC
Leveson Enquiry (Murdoch and the media) Super Injunctions Princess Diana News of the World and Phone hacking Jan Moir Stephen Gately Naming of Blue Peters pet Phone lines row John Terry Max Mosley Naomi Campbell Madeline Macann

Useful Links: http://www.politics.co.uk/briefings-guides/issue-briefs/culture-media-and-sport/selfregulation-of-the-press-$366610.htm http://www.pcc.org.uk/about/history.html http://www.pressgazette.co.uk/story.asp?sectioncode=1&storycode=46529&c=1 http://www.guardian.co.uk/media/2010/feb/24/press-regulation-recommendations http://jackofkent.blogspot.com/2009/11/against-pcc-regulation-of-blogs.html http://news.bbc.co.uk/1/hi/entertainment/2679593.stm http://www.guardian.co.uk/media/2010/feb/21/ofcom-press-freedom

Internet and regulation
• • • • • Google and China before and after they fell out! Case for and against regulation, can we regulate Twitter and libel laws BBC and PirateBay Free Internet movements

http://www.bbc.co.uk/news/10450442 • Useful links: • http://news.bbc.co.uk/1/hi/world/asia -pacific/4715044.stm • http://www.telegraph.co.uk/technolog y/google/7496838/China-stirs-anti-USfeeling-ahead-of-expected-Googleshut-down.html • http://www.rogerdarlington.co.uk/reg ulation.html • http://news.cnet.com/8301-30686_310381355-266.html • http://www.eurim.org/briefings/IWF_ eurim2.htm

Feedback answers
• What is regulation in that medium? • How has regulation changed? • How does regulation differ in the different mediums? • Stretch question: What impact has the internet and web 2.0 had on regulation?

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