MIGRAIN: Industries - Regulation

1) What is regulation and why do media industries need to be regulated?

Regulation Systems of regulation are required to provide rules and regulations to ensure that organisations operate fairly. In the media industry there are several regulatory bodies that exist to monitor the way that their industries work. Broadcast media (TV and Radio) are regulated by OFCOM – the OFfice of COMmunication and the advertising industry is regulated by the Advertising Standards Authority. Newspapers are currently regulated by the Independent Press Standards Organisation, which replaced the discredited Press Press Complaints Comission in 2014. Although the purpose of these bodies have some similarities, they way they operate is quite different in order to suit the needs of the industry they regulate.
Regulators also provide somebody for audiences to complain to if they see something they don’t like. If you are offended by a TV show, feel that an advert is making claims that are unrealistic or a newspaper has invaded your privacy, the regulator is somebody you can turn to to take up your complaint. However, how effectivy different regulators are in carrying out these functions is a source of constant debate. Regulators must provide a set of tough consequences for media organisations that break the rules, but they do also need to balance the interests of media producers and protect freedom of expression. 


2) What is OFCOM responsible for?


OFCOM is responsible for regulating television, radio, telephone services and some aspects of the internet, although the areas most relevant to media students are TV and radio. There are some areas that are not the responsibility of OFCOM, such as TV Advertising which is regulated by the Advertising Standards Authority (ASA) and On Demand services which are regulated by the Authority for Television On Demand. (ATVOD). OFCOM is responsible for granting licences to TV and Radio stations and it is illegal to broadcast TV or Radio signals without a licence from OFCOM. Before the development of digital broadcasting technologies, it was only possible to have 4 or 5 TV stations broadcasting at the same time before the signals would begin to interfere with each other. A similar situation applied for radio stations too. For this reason, a system of licences was developed to ensure that the number of channels/stations was limited to ensure all the signals could be picked up clearly. It also allows for some controls to be placed on quality and impartiality. In the past when there were only a handful of TV stations, it was important that TV news and current affairs was balanced and not biased towards any particular political party as alternative views would have difficulty being heard.

3) Look at the section on the OFCOM broadcasting code. Which do you think are the three most important sections of the broadcasting code and why?


I think that religion, views and opinions and privacy is the most important from the broadcasting code. I think that these are the most important because they are things that we need to respect everyday of our lives and I think that each of them link in to each other so if one of them is done, then it will able you to do the others. But if you don't do one of them then you will find it hard to show the other two. I think that these 3 things are things that we should think about everyday, that is how important they are and also they help us get through different situations and guide us on our journey.

4) Do you agree with OFCOM that Channel 4 was wrong to broadcast 'Wolverine' at 6.55pm on a Sunday evening? Why?


Yes, In my opinion, I think that this is wrong from channel 4 because they have shown a movie that has violence, blood and weapon. The time they have shown it is the time when young children are still awake watching television which means that if they suddenly watch this movie then they may get scared or start to worry which could disturb their sleep which means they wont be fully rested for the school day tomorrow. Also, this movie could have an effect on the attitude of the kids such as being violent and using abusive language towards his or her friends or the public.

5) List five of the sections in the old Press Complaints Commission's Code of Practice. 


Section 1: Accuracy
Section 2: Opportunity to Reply
Section 3: Privacy*
 Section 4: Harassment*
Section 5: Intrusion Into Grief and Shock


6) Why was the Press Complaints Commission criticised?


In recent years, the PCC became the focus of a great deal of controversy. It’s critics claim that the lack of statutory powers means that when a newspaper has been found to breach the rules, the best a victim can hope for is an apology, which often does not get sufficient prominence in the paper. Critics also argue that many newspapers seem to fly in the face of the rules on a pretty regular basis and that very little is done to stop them. It’s defenders point out that a free press is a vital part of a functioning democracy. If statutory rules were imposed, newspapers ability to hold politicians and other people in power to account would be greatly diminished. 

7) What was the Leveson enquiry and why was it set up?


Throughout 2011 and 2012, an inquiry into the “culture, practice and ethics of the press” was held, mainly as a result of the so-called phone hacking scandal. In January 2007, Clive Goodman (the royal reporter of the News of the World newspaer) and Glenn Mulcaire (a private investigator, employed by Goodman) were imprisoned for illegally intercepting phone calls connected to the royal family. At the time, the News of the World claimed that Goodman was a rogue reporter, working alone but it emerged during the Leveson Enquiry that phone hacking was much more widespread throughout the industry. The enquiry also looked at other areas of press behaviour that were considered questionable.


Representatives of the newspaper industry including Rupert Murdoch, Paul Dacre (Editor of the Daily Mail) were called to give evidence. Ian Hislop, the editor of Private Eye magazine (and well known as a panellist on Have I Got News For You) appeared and made a strong case for keeping the press free of statutory regulation. One of Hislop’s key points is that much of the bad behaviour by the press that had  lead to the Leveson enquiry being set up (such as phone hacking) was already illegal anyway. He argued that a new regulator was not required but that journalists who break existing laws should be prosecuted.


8) What was the PCC replaced with in 2014?


It was replaced with the Leveson Enquiry. Throughout 2011 and 2012, an inquiry into the “culture, practice and ethics of the press” was held, mainly as a result of the so-called phone hacking scandal. In January 2007, Clive Goodman (the royal reporter of the News of the World newspaer) and Glenn Mulcaire (a private investigator, employed by Goodman) were imprisoned for illegally intercepting phone calls connected to the royal family. At the time, the News of the World claimed that Goodman was a rogue reporter, working alone but it emerged during the Leveson Enquiry that phone hacking was much more widespread throughout the industry. The enquiry also looked at other areas of press behaviour that were considered questionable.

9) What is your opinion on press regulation? Is a free press an important part of living in a democracy or should newspapers face statutory regulation like TV and radio?


My opinion on press regulation is that there should be no regulation in the press and the people should be aloud to say what they want to say because the press should have the law for freedom of speech. Instead they have to say it in a way which isn't rude for the audience but they actually want to say it the way it actually is. I think that their should be a free press and that is a very important part of democracy and I think that people should have the right to say what they want to say.

10) Why is the internet so difficult to regulate?


As part of your study of the media, e-media is an intrinsic aspect which you need to consider and the issue of regulation is no exception. Although there is no specific body that governs the regulation of the internet, there are various methods of regulation or censorship that occur across a range of e-media platforms, sites.

Music video as a specific form of media has had occasional brushes with regulation. Duran Duran’s video for the single “Girls on Film” was banned by the BBC in 1981 for its sexual content while MTV has often edited explicit videos or only shown others after midnight to avoid offending viewers – The Prodigy’s video for “Smack My Bitch Up” being perhaps the most notorious example. However, music videos have never been directly subjected to regulation. Where they have been edited or banned from transmission, this has generally been to ensure that the TV station involved complied with the Broadcasting Code. However, the growth of the internet has changed the way videos are consumed by audiences. In the 80s and 90s, videos would have been seen only on television on shows like Top of the Pops, ITV’s The Chart Show, or on dedicated music video TV channels such as MTV. Now, videos are mostly watched online through platforms like YouTube and Vevo. 

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