Task 4- Regulations

Ofcom
 By dealing with a complaint, ofcom have two different ways, such as the first way  is it tells you to read their guideline so you understand the regulations etc, it then tells you how to put your complain across for it to be seen by ofcom, after that you then send the complaint to the organisation for someone to see. The second way in which your complaint can be handled by ofcom is you can talk to them in person. If you feel like no one is doing anything about the advert and not taking it to consideration, you can talk to anyone within the organisation in person about the concerns you have with an advert. Finally if you still feel like nothing has been taking in by the company and if your still not satisfied with how the company has dealt with your issue, you can get in contact with the secretary of the organisation and tell them about your concerns.

ASA
The ASA is also similar to Ofcom, ASA is also a company that makes all adverts that have been broadcasted are acceptable and suitable to be shown on TV. In order to have a very honest, legal and decent advert, the ASA need to make sure the adverts have certain values it has to be a very fair and respectable advert that can be aired, for example the advert should not consist any violence, sexual scenes as well as no disrespect to different races, religions etc. Another value the ASA look for is to make sure the adverts are accessible and helpful, and to make sure an advert holds a purpose, as well as to make sure the consumers with what they are looking to buy. In addition to this the ASA also needs to make sure that none of the adverts consist any of the issues that have been mentioned in the codes.

On the ASA website they make it very clear and easy on how you can file a complaint on an advert that any of the Audience found rude, disrespectful etc. on the website they have a step by step guide on how you can write up a complaint for the advert you are not happy with. If the advert they are complaining about has a large amount of complaints, you are then able to get in contact with someone who deals with any complaints and tell them the problems you have with the advert. This advert is then taken through observation and taken to the council who could then make a final decision on if the advert should still be on TV or not.

The website also makes it clear on how they correct and focus on all different types of websites such as TV, mobile, postal,radio etc. This is another way to make sure all the adverts are safe for all their viewers.

There are a range of codes that have to be looked up on before an advert is being broadcast, a few examples of this are:

- adverts must not contain anything that can cause any type of physical, mental, moral and social harm to anyone under the age of 18.

- adverts must not cause serious or widespread offense against moral, social or cultural standards. 

The ASA also have there own codes with harm and offence in any adverts, this is usually anything that can cause harm to an audience under the age of 18. This also relates with any type of pornography in an advert. 

- 'Advertisements for products coming within the recognised character of pornography may be broadcast only if they are centrally cleared.'
-  'Radio advertisements for R18-rated material are not permitted.'

- 'Advertisements for products coming within the recognised character of
  pornography are permitted behind mandatory restricted access on adult entertainment channels only.'

These are examples that I found within the ASA site, they are issues in the pornography code which is unacceptable for the audience. With this type of theme, it should not be shown on TV at certain times and not be shown to an audience under the age of 18, in addition to this it is only with the subscription channels that would have the channels which would the have to be paid extra for.  

http://www.youtube.com/watch?v=H6lsDoBWTd0&safe=active
Here is an advert that has been investigated for being offensive to viewers. The advert is a sexually suggestive advert that has been used to advertise e-cigarettes. The advert has received over a 1000 complaints which was about women being very sexual and exploited in the advert. As there was a large amount of complaints with the advert, ASA got involved.  The ASA did not find the advert to be sexist in which the viewers thought the advert was degrading and exploiting women. However they considered it to be sexually provocative presentation with the male and female characters. The ASA then made a decision with the advert and decided that the advert should not be broadcast on television before 11pm.
(http://www.huffingtonpost.co.uk/2014/02/25/vip-cigarette-advert_n_4854710.html?utm_hp_ref=uk)

Here is an advert that has been banned by the ASA.
http://www.bbc.co.uk/news/uk-scotland-25960322
The advert is about a ruling a safe cycling advert which shows a rider without a helmet. The advert is part of a campaign by cycling Scotland. The ASA banned the ad with a rider without a helmet, this can encourage behaviour by being 'prejudicial to health and safety'. 

Assignment 3C

The Law and regulations

Race Relation Act 1976:

The race relations act was founded by the Parliament in the United Kingdom. This relation is to prevent discrimination on the grounds of race. By having this act, it prevents people within the UK discriminating people within the public by there race, colour, nationality, ethnic and national origin etc.  By having this act, it reassures people within the public to know they they can live free in the country without being hurt or a main target because of who and what they are. This act is a very important for the TV and film industry, as this act can easily be portrayed in a film or a program, it would have to go through he act before the production is allowed to be aired. If the production does not follow the act with there rules and what they want in the film or program, then the act have the authority to complain about anything that might consist of race, nationality or ethnic background within the film or program. By having the act complaining this can affect the film or program by being banned by being viewed to the public. In addition to this within the industry there also has to be the same equal fairness between all employers such as having staff with different coloured skin as well as ethnic backgrounds etc rather than just sticking to one race and one ethnic background. This is also other ways in which you can be breaking the relations of the act.
Within the TV and film industry this is an important law to follow, the reason for this is to make sure the industries are against any type of racial actions, it can encourage the people in the public to do the same, this can create a better living for people with different races in the UK, it would also create a fairness between the people. This is also a very beneficial law to follow as it would give the film and TV industry a wider range of audience as by not aiming at a specific audience, it can gain more views and more public attention.
http://en.wikipedia.org/wiki/Race_Relations_Act_1976

Broadcasting Act 1990:
The broadcasting act is also a law that was created by the Parliament in the UK. This act was created in order to reform the structure of the British broadcasting and British television. This act came about after the finding of the peacock committee which was a review into financing of the BBC, it was initiated by the Conservative government of Margaret Thatcher. This relates to the TV and film industry as they need to follow regulations to make sure they don't include anything in there programs or films that might be unsuitable to be shown to the public or anything that might be against the regulation. If they don't follow the rules and regulations of the act then the broadcasting company can be prosecuted. This can then effect the TV and the radio who works with that particular broadcasting act, there set framework would not be following their rules as they would have to have different rules and regulations before the program is aired. 

This is a very important law as it makes sure that all the different types of media communications stay within there certain framework, which means it stops them from going over the rules and regulations that have been given to them by the broadcasting company they are with. Without broadcasting companies having this law, many programs will be aired which would be seen very inappropriate or rude to the viewers of the public, which would then mean the viewing ratings would then go down which would mean there would be a decrease with their income. 

http://en.wikipedia.org/wiki/Broadcasting_Act_1990

Obscene Publications Act 1959:

The obscene publication was also an act that set by England and Wales in 1959. This act determines what can be shown on TV within the UK, this can consist of the certain types of shows that would want to be viewed on TV but would have to make sure anything within the show doesn't go against any of the rules that are given from the act. This act links with the TV  and film industry by allowing certain stories and information to be shown on TV  and films. However if they do not follow this act, then the obscene publication act have the right to make a decision if it should be allowed on TV to be shown to the public. 

This is an important act, the reason for this is some of general information should not be allowed to be shown to the general public because some of the information might be distressing or unacceptable  for the viewers to see, so to make sure they don't air anything that consist pain. harm or leaving there viewers angry and upset with what is on TV, it would not  be aired. 

British Broad of Film Classification:
http://www.bbfc.co.uk/

The British broad of film classification also known as 'BBFC' is a company with a wider range of people who watch films  that are made in order to create a certain age certificate. The BBFC  are an independent company, this allows the organisation to be impartial with the decisions they make about films. The whole purpose of the BBFC is to give age certificates to different films in order to protect the younger audience from seeing scenes that consist of violence and sex scenes with the movies. The main aims for the BBFC to protect the public and keep them form any harm and risks that they might come across within the movies, this is also to make sure there is nothing in the movies that the younger audience can be influenced on that can be a risk to others or themselves. 

The BBFC is very important to the film industry, the reason for this is most of the films have to be checked before they are shown to the public. If the film does consist of violence, sex scenes etc it is then given an appropriate age rating. This keeps the younger audience away from any of the harmful scenes that the films would have. 

Here is an example of a recent film the bbfc have classified, '3 days to kill' is a film that consists of violence, sex references, nudity and strong language. The film was classified as a '12A' this requires an adult to accompany a child under the age of  12 as some of the scenes can be inappropriate or harmful for the young viewer. If this is enforced by the cinema staff, then the cinema can lose there license if there is no adult accompaniment enforced for the children under 12.
http://www.bbfc.co.uk/releases/3-days-kill-2014

Here is an article from 'the guardian' which talks about the the film 'The human centipede' being banned by the bbfc. When the first film came out the bbfc classified it as an 18 as it poses a risk to the cinemagoers. However the bbfc also believe it is the most horrific film ever made and have decided it cannot be legally supplied anywhere in the UK even DVD or download. The bbfc describe the film as having a risk to the viewers, which is why they felt like they had to make such a decision. 

Ofcom:

Ofcom is a type of communications regulator which specialises in adverts for TV, radio, films, postal services. They make decision on adverts to see if they are suitable to , executive directors, chief executive and non-executive directors. These decision makers look at different adverts that have been created to be published, the role of the decision makers is to decide if the adverts are suitable to be aired to the public, this decision is made by the board which are non-executive chairman, non-executive directors as well as executive directors, these are just a few of the stages the advert has to go through before the advert can be aired to the public.

A company like ofcom get in regular complaints about different adverts. If anyone from the member of the public would want to send in a complaint their are a few steps in which they would have to go through in order to finalise their complaint, first you must read the guidelines which give you information on how you can file in a complaint, after that you then email the company with your complaint informing them what is wrong with the advert and giving your reasons. If you do not see a change in the advert and you are still unhappy with the advert, you can call in and speak to a member of staff within the company, this would allow you to get your point across in the clearest form, if this is still an issue with the advert then you can also get in contact with the secretary of the organisation and which they would inform you with what can be done with the complaint. By filing in your compliant to ofcom this allows the members of the public to feel they are being listened to and something would be done about their issue and complaint. 

The thing I have been most interested in during my research is the laws and regulations. The reason why I enjoyed this is it makes you think about some of the different types of process that a film, program or an advert has to go through before it can be aired which is really interesting. By doing more research on this I am gaining more knowledge on what has to be thought thorough throughout the process.

Assignment 3B

  3B Employment legislation and Employee rights- Health and safety
Every TV company has to have a heath and safety policy, with BBC in order to set and create a safe environment for themselves, there are a few obligations that are set in order to keep it a safe environment.
http://www.bbc.co.uk/foi/publication_scheme/classes/policies_procedures/health_safety.shtml
Here is the link of which it describes the different health and safety regulations that can occur. Each of the headings are different regulations that the company follow and would also want there staff and employees to follow. Some of the regulations don't apply to everyone as some people have different positions within the company for example different types of contract holders have different types of regulations according to them such as the contractors in production would have a completely different regulation to someone with a freelance contract. Within the link there is also a section on 'accident/ incident reporting' which tells and provide you with different ways in which you can deal with any accidents and incidents that might occur within the company. This also explains how if any serious accidents occur, it must be reported to the enforcing authorities, after they are informed the BBC ORM would then make arrangements to create a formal report to the relevant enforcing if it is necessary.  Some of serious incidents and accidents are:
- A member of the public taken to the hospital because of any BBC work activities that was taken place outside.
- Serious outbreaks of fire.
- Overturning, collapsing,  or any serious failures of lifting machinery.
- Hospitalisation for more than twenty- four hour hours as a result of an injury.
These are just a few of the serious accidents and incidents that can occur within the company and the work area. There are a wider range different safety regulations. The safety of their cast and crew is very important for the company, to make sure they follow any of the regulations the BBC will help them understand their situation and provide help.

The BBC provide a range of equal opportunities, the BBC see themselves as well as explain how they are a more diverse workforce that they have, they seen this as a benefit as it gives them access to create a connection with their audience. The main policy that they think is the most important is by creating a well working environment that will help everyone within the crew and the cast feel comfortable and safe when working. As the BBC make sure all there staff and employees are happy with there working environment as well as the equipment they are using, they are create certain types of equipment for the disabled which might need different working areas to make it easier for them to have an easier work style also relate to any of the other employees and have a safe and comfortable environment in order for them to work. As the BBC show a lot of value as well as respect to there staff and employees, the BBC make sure they are treated fairly within each other as well as the fairness between the equipment and work space, they make sure that an individual or a group of the staff and employees are not unlawfully disadvantaged within the company. In addition to this the BBC are very open and provide an equal opportunity for everyone within the company an example of this is there staff or employees having a religion or disability, they would create there working area or work schedule according to there staff and crew members.