M2 - Legal Issues

M2 – Legal Issues

 

RULES AND REGULATIONS

The regulations set in place for media content published publicly will apply to my music video, meaning that I must take all the relevant rules established and make sure that my video will not break any of them.

 

OFCOM

OFCOM is the UK’s communications regulator, funded by the companies they regulate. They regulate a wide range of social and communication technology including, but not limited to, TV, radio, video, telecommunication and postal services. Their main service is to provide information and advice for people regarding the media presence on these technologies and making sure that people are satisfied with the media they consume. Upon receiving complaints from people and businesses about a certain media outlet, OFCOM cannot act directly, but can look into the issue to see if it breaches any of their established rules.

 

Rules and Regulations – OFCOM’s primary legislative document is “The OFCOM Broadcasting Code”, which applies to all UK media broadcasted on television and radio. There are 10 core sections in the code, which each address an aspect of a media piece’s content. Below I will describe only the sections that may be relevant to the production of my music video. I should pay attention to the code because, in the distribution of my music video, I could choose to have it broadcast on TV, in which I would need to be sure that it is suitably broadcasted and does not break any of the rules.

 

Section One: Protecting the under-eighteens

The principle of this section is to ensure that people under eighteen are protected.

Rules relevant to my video:

-          Violence, its after-effects and descriptions of violence, both verbal and physical, must be appropriately limited in programmes broadcast before the watershed. Violence that is easily imitable by children in a harmful or dangerous manner must not be included in programmes made for children without justification.

-          The above also applies to other dangerous behaviour that could be easily imitated by children.

-          People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes

 

How it applies to my video:

My video includes a lot of violent sequences that would not be appropriate for children. Some of these sequences would also be easily imitable by children, which could cause harm to the child or someone else. This means that my video must not be targeted towards children, but towards older audiences who would be less likely to imitate the violence featured in the video. This will be best done in the form of establishing an appropriate BBFC age rating for the video (explained later).

 

Section Two: Harm and Offence

The principle of this section is to provide adequate protection for the public from the inclusion of harmful or offensive material in television and radio services.

Rules relevant to my video:

-          Programmes must not include material which condones or glamorises violent, dangerous or seriously anti-social behaviour or is likely to encourage others to copy such behaviour.

-          Broadcasts must take precautions to maintain a low level of risk to viewers with photosensitive epilepsy. If flashing lights / patterns is chosen to be included in the broadcast, then viewers should be given adequate verbal and text warning at the start of the programme.

 

How it applies to my video:

The first point regarding violent behaviour is very important to how I should produce my video. It must not condone or glamorise violence, meaning that I can still feature violence in the video, but I must make sure that the video’s overall attitude towards violent behaviour is more negative than positive. I will do this by showing how Jacket (the main character) is at first reluctant to commit violent acts and at the end of the video he is horrified by what he has done.

My video will feature harsh lighting and flashing lights, so I should include a segment in the video, before it starts, warning photosensitive viewers about the upcoming content.

 

 

 

Section Three: Crime, disorder, hatred and abuse

The principle of this section is to ensure that material likely to encourage/incite crime or lead to disorder is not included in television / radio services.

Rules relevant to my video:

-          “Material” may include content which directly or indirectly amounts to a call to criminal action or disorder, content promoting or encouraging engagement in terrorism or other forms of criminal activity or disorder, or content including hate speech which is likely to encourage criminal activity / disorder.

-          A portrayal of crime will not necessarily result in a breach of the rule. The likelihood of the content inciting crime depends on the nature of the material and the context in which it is presented to the audience.

 

How it applies to my video:

This is similar to the last section, where my video will depict criminal activity but cannot condone it. My previous solution will also help to mitigate how likely the video is to incite crime by showing the emotional effects on Jacket that his acts have caused him.

 

Section seven: Fairness

The principle of this section is to ensure individuals or organisations are not treated unfairly.

Rules relevant to my video:

When somebody is invited to contribute to a programme they should, at some point:

-          Be told the nature and purpose of the programme

-          Be told what kind of contribution they are expected to make to the programme

-          Be made aware of any significant changes to the programme that might affect their original consent to participate.

 

-          If a contributor is under 18, consent should normally be obtained from a parent or guardian.

-          Guarantees given to contributors, such as anonymity, should be honoured.

-          Programmes should not portray facts, events, individuals or organisations in a way unfair to an individual or organisation.

 

How it applies to my video:

Since I have other people to help me create my video (mostly actors), I will need to inform them of the above points such as the nature of my video and their role within it. All my actors are also under 18, so consent should be obtained from their parents for them to feature in the video. To make sure of this, I have distributed consent forms to the actors for them and their parents to sign. These are shown at the bottom of the document.

 

Section eight: Privacy

The principle of this section is to ensure that infringement of privacy is avoided in programmes and in connection with obtaining material for programmes.

-          Information disclosing the location of a person’s home or family should not be revealed without permission

-          If the broadcast of a programme would infringe the privacy of a person or organisation, consent should be obtained before the material is broadcast

-          If an individual’s privacy is being infringed, and they ask that the filming be stopped, the broadcaster should do so.

-          When filming in institutions, organisations or other agencies, permission should be obtained from the relevant authority or management.

 

 

 

How it applies to my video:

Some parts of the section are mitigated by the participants of my video production giving consent prior, but I must still be careful to include anything that they did not consent to. For example, if they were not aware that I was filming a shot of them, that would potentially be bypassing their consent.

The final point of the above is particularly relevant for me as most filming will be done at my school. This means that I need to obtain permission from the school, and from staff managing included areas of the school. As with the consent forms, the evidence of this is included below.

 

 

The BBFC

The British Board of Film Classification is an independent, non-profit, co-regulatory body. They are funded by fees charged to those who submit films for classification. They act as a regulator across the UK. Effectively, they decide the age restrictions and ratings on films and other video works.

Their primary interests are to protect children and vulnerable adults from unsuitable content and to empower consumers to make informed decisions on film viewing. They do this through their classification system that categorises films into age-based tiers based on the suitability of its content for audiences.

 

The specific considerations of a film’s classification regarding its content are as follows:

Dangerous behaviour, discrimination, drugs, language, nudity, sex, sexual violence/threat, threat and horror, violence.

It is mostly through these factors that the BBFC categorise works into 7 categories:

U, PG, 12A, 12, 15, 18, R18

 

U stands for universal. It is for works that are suitable for all audiences aged 4 and over. General traits of U-rated films include a positive framework and subject matter, and reassuring counterbalances to any violence, threat or horror featured in the work.

 

PG stands for Parental Guidance. It is still generally for all audiences but may be unsuitable for young children. A PG film should not unsettle a child aged 8 or over. Any child may watch the film, regardless of age, but parents should consider whether the content is suitable for their child.

 

12A/12 rated films are generally considered unsuitable for children under 12. Nobody younger than 12 may see a 12A film in a cinema unless an adult is with them and cannot see a 12 film even with an adult.

 

15 rated films are considered suitable only for people aged 15 and over. Nobody under 15 may rent/buy a 15 film or see it in the cinema.

 

18/R18 rated films are only suitable for adults. Same rules apply as 15-rated films, but the threshold is 18 years old instead. R18 films are also to be shown only in licensed cinemas or supplied in licensed sex shops due to particularly explicit content.

 

Where my video would likely be rated:

I think that my video would be rated 15, for the reasons listed below:

 

Dangerous Behaviour

Dangerous behaviour means actions that could harm those performing them, such as self-harm and suicide, as well as anti-social behaviour like bullying. In my video, dangerous behaviour is mostly violence-related, such as Jacket hitting people with a cricket bat and strangling someone with it. This would warrant a 15 rating because it is likely to be copied by children, as it uses a bat which is easily accessible to most children. This would mean it cannot be rated 12 or under.

 

Threat and horror

The level of threat shown in the video is generally moderate, as the sadistic acts of Jacket are shown throughout. This would also warrant a 15 rating because the overall tone of the video is somewhat unsettling and dark, which is advised against at a 12 rating. The sadistic nature of the threat is also a contributing factor, although it is not explicitly sadistic enough to be unsuitable for a 15 rating.

 

Violence

Action and violent sequences form the majority of the video, as is its nature. The violence is not particularly graphic and there is more focus on the rhythm and movement of the sequence rather than the infliction of pain and injury. There is also no blood or gore in the video. However, due to the nature of some of the violent acts, such as strangulation and sustained assault, the video would not be suitable for a 12 rating due to the dangerous nature of the violence, as aforementioned. This would also support a 15 as a suitable rating.

 

 

Copyright and Trademark

As with all pieces of media, copyright is an important topic to consider during production. In my case, the video is for non-commercial and educational purposes so infringement can be easily avoided. Nonetheless, I must still consider the following during production; If it were not for the educational context, the video could be taken down for copyright infringement if rules are broken.

 

Copyright refers to the legal protection that original works have from being imitated by others unjustly. It automatically applies to all original creations of a person or organisation such as artwork, songs, films, brand logos and names and other intellectual property. Using a copyrighted work for commercial purposes without the copyright owner’s consent is an infringement of the copyright and legal action can be taken against the user.

 

The song I am using for the music video is of course copyrighted, but in this case, it is acceptable under the Fair Use clause of copyright law. Fair Use allows a copyrighted work to be incorporated into another work if the result is transformative and clearly expands upon the original work. Since my video adds and expands upon the song, Fair Use would be applied and copyright infringement is avoided.

 

Product Placement

Since I will be filming all my own footage for the video, I do not need to worry about using other works besides the song. One thing I do need to pay attention to however is product placement. This is where a copyrighted/ trademarked product is clearly visible in the video, sometimes deliberately as advertising. Product Placement can infringe copyright if used without permission from the copyright owner, so I need to make sure I do not show any clearly branded products in my video.

 

Defamation, Slander and Libel

Defamation is the communication of a false statement about a person or organisation that unjustly harms their reputation. This comes in 2 forms: slander and libel.

 

Slander is when defamation occurs verbally or through body language like gestures.

Libel is when defamation occurs in written form, also including permanent visual and audio recordings.

 

Libel is the type that I could potentially commit, as it covers defamation through audio and video.

 

Health and Safety

When filming a video there is always a risk of damaging personnel, equipment or the location. Because of this, it is very important to mitigate the potential effects of these risks, otherwise an accident could halt filming altogether.

 

Consent

Firstly, it is mandatory that all persons involved in the production of the video have given their consent to participate. This not only covers issues described earlier like privacy, but also includes their acknowledgement of the risks present during production. I have acquired consent forms from all the actors in my video and included them at the bottom of the document.

 

Another important piece of consent is the permission to film from the owners of the locations used in my video. Just like actors, the location owners must give their consent and acknowledge the risk involved in filming regarding the location e.g. Damaging property. Evidence that I have acquired this is included at the bottom of the document.

 

Location Risks

Different filming locations will vary in the level of risk that they pose to actors and crew filming. This means that the locations must be analysed for potential risks before production, and risks should be mitigated if possible. To do this, I have completed a risk assessment form that covers potential risks from all the locations used in my video. This has allowed me to determine whether the locations are safe to film in and what practices must be applied to help reduce the risk while producing the video. This form is included at the bottom of the document.