Task 2: Ethical & Legal Constraints

Unit 7: Understanding The Creative Media Sector

In any industry, there are certain ethical rules and regulations every business has to follow, the same goes
for the legal side, there are laws which all companies have to abide by. In order to make it easy to
understand, below I have listed a short description along with examples of the particular rules put in place for
each of these types of constraints within the media sector.

Ethical Constraints
Ethical constraints are a set of rules put in place in order to protect everyones right to being equal. However,
unlike the legal constraints, these rules are not enforced by the law, police or government but are more
considered guidelines to follow. Following these guideline rules means you would be considered to be within
the accepted norm of todays society. This meaning you have to behave in the right way which is considered
acceptable and non-offensive to anyone.
Protecting Underaged People
There are many laws and rules protecting underage people from all kinds of things in life. One of them being
particular rules within the media sector. First of all, children under the age of 16 are allowed to appear in
programs but under no condition can leave their regular schooling hours to do so. Along with this, there are
particular rules on the amount of hours and type of employment they can undertake.
Children as young offenders or victims - This mainly refers to those who are involved in news stories on tv
stations such as the BBC news. According to the Children and Young Persons Act 1933 and 1967 (England
& Wales) it is a criminal offence to publish or expose the names and addresses of children under the age of
17 who are involved in court proceedings or to publish any information that may expose their identity.
The Power of Influencing The Public
The media has an amazing power, being able to influence people. One might consider it to be a form of
manipulation. But, in the media sector there are so many different ways in which a producer can manipulate
an audience. In the way of tv and films the producers have the ability to change and edit the content of a
program in order to persuade the audience into believing a certain thing about that content, to build an
intentional opinion.
Protecting an Individuals Privacy
The privacy of an individual is something which everyone is entitled to and everyone has the right to. This in
ethical terms of whats socially acceptable, is for everyone to understand that they are entitled to their own
privacy and that everyone around them has these same rights, this means to know the boundaries. If
someone produces something they don't want released to the public then it wont happen. So in some cases
a producer might want to use material created by someone else and in this case would have to get
permission from that creator.
Interviewing Venerable or Underaged People
Absolutely everyone has the right to decline an interview from anyone and any company. In every case the
cameraman or producer of the given footage has to ask the permission of the person theyre interviewing if
they can use that footage for their end product and can release it publicly. In some cases this wont just be in
a verbal form so in a more formal situation for bigger films or programs they can sometimes request a
persons interview for the legal purposes.

Legal Constraints
Unlike ethical constraints, the legal side of it is protected by the law, police and government. These rules and
regulations are required to be followed in order to be within the law, otherwise you could be up for facing
prosecution in a court of law. Meaning, if they are not follow it could lead to some serious consequences. The
legal constraints are often accessible rather easily, by looking online you would be able to find various
resources in order to find out if your job or business is within these boundaries.

Broadcasting Act 1990

The Broadcasting Act of 1990 is a law, along with every other law implemented by the British Parliament.
This is probably the most relevant law to the majority of the media sector, its required to follow by all
programs published on television within the UK. When initially created the idea of this act was to improve the
structure of British television and broadcasting.
When initially enforced, this act allowed the creation and distribution of the 5th channel on television at the
time of creation (1990). Known as Channel 5 this caused multichannel satellite television to grow incredibly.
It reflected incredibly well on companies such as ITV and for the creation of now bigger companies within the
UK such as Sky, founded and launched by Rupert Murdoch's News International. It also allowed for the
creation of three brand new independent privately owned national radio stations. Some of which used the
medium wave frequencies previously owned by the BBC and the others on the newly invented FM
frequencies.
Official Secrets Act 1989
This act again being created by the British Parliament, was created in order to protect valuable information
belonging to the government and powers in charge of running the country and its protection. It doesn't really
have any sort of direct effect on the media sector. However, in the television programs and news reports
broadcasted any information or fact that falls under the protection of this act if released can result in
prosecution and in some cases be classed as betrayal of your country and consequently, treason. Although
this is more a punishment taken into account in the US.
Privacy Law & The Human Rights Act 1998
The UK has no direct laws relating to the privacy of an individual but the Human Rights Act of 1998 is highly
relatable in this topic. But as regards to privacy is deals with valuable personal information which is protected
according to these ethical rules and legal acts. The publication of certain private information does often hinge
on breaching the Human Rights Act depending on its content, hence the mentioning of it, this mainly
concerning a term Right to private and family life. Even though there are currently no laws directly
concerning individual privacy, over the last few years the British parliament has been developing newer laws
which relate to this subject.

Ethical & Legal Constraints In The Computer Games & Film Industry
Having previously tackled the most descriptive versions of subjects relating to these topics there wont be
much to discuss. Each one of the ethical rules and laws discussed as a direct effect on both of these
industries in some form. Every one of them can be researched into using many different sources whether
that be by using the internet or going to the local council for information on the ethical rules and laws relating
to that appropriate area and the product being produced. Given that these certain parameters are followed
the people in charge of whatever the production may be should not be get into trouble with the law and
prosecuted.