Regulatory Bodies

Regulatory Bodies withing the Creative Media Sector

Due to the nature and way in which we consume media nowadays, it is more important than ever to ensure the public who are doing the consuming are protected. With thousands of films and adverts being watched every day and thousands of newspapers and articles being read, people need to be assured that what they are consuming is truthful, accurate and legally obtained, it is the duties of the regulatory bodies to ensure that as far as possible the public will not be harmed or offended by anything.

By regulating media,complaints and investigations are avoided which can potentially save someones job, or even a companies license. However, due to the ever changing and differing idea of what is considered tasteful and decent, not everything can please everyone; which is why Regulatory Bodies are also in place, in order to deal with complaints and sort the problem out as long as they feel the said piece of media is in breach. By doing this, the public is kept happy and will keep paying for and enjoying media services.

BBFC
The BBFC, or The British Board of Film Classification, is responsible for regulating and classifying films in the United Kingdom. The organisation was set up in 1912, founded by the film industry as they decided they would rather take charge of film classifications as opposed to the national or local government doing it. The BBFC has never accepted any funding from the government to ensure it's independence and instead is funded by the film industry.
The Video Recordings Act 2010 caused the BBFC to have a statutory requirement to provide classifications to all videos and DVDs, and sometimes even video games. Local authorities hold the right to decide what films are shown in local cinemas, but the large majority of the time they choose to follow the advice of the BBFC. The current ratings for films are:

• U 

This means universal; the film is suitable for all ages however occasional scenes may be unsuitable for children under 4.

• PG

This means parental guidance; all ages are allowed to see this film however certain scenes could be considered unsuitable for children under the age of 8 to see alone.

• 12A

This rating only applies in cinemas and was introduced in 2002. Children under the age of 12 are admitted into a 12A rated film only if they are accompanied by someone aged at least 18 or older and they must stay with the child throughout the entire movie. Due to the content of a 12A film containing mature themes such as soft drug use/reference, milder swear words, discrimination and moderate references to sex and violence, in general it is not encouraged that a child younger than 12 should see the film.

• 12

Since 2002, this rating has only applied to films watched at home, whether this be bought on DVD or rented. If a film is given a rating of 12A in the cinema, the VHS or DVD version is given a certificate of 12 as long as nothing extra has been added to the home media version causing the film to require a higher rating. No one younger than 12 can buy or rent anything that has recieved a BBFC clasification of 12 because they could include infrequent drug use and swearing, short showings of nudity, sexual activity (as long as it's discreet) and mild violence, however if a parent allows their child to view a film in their own home this is at their own discretion.

• 15

Only if you are 15 years of age or older can you be admitted to a film rated 15 at the cinema. Only if you are 15 or older can you buy or rent a piece of media with the BBFC rating of 15 and nobody under the age of 15 should see this film. These films are given this rating due to them having adult themes, hard drug use, stronger use of swearing, stronger violence and reference to sex and mild sex scenes.

• 18

Adults aged 18 or over are admitted into this film, and nobody under the age of 18 can buy or rent a piece of media with the BBFC rating of 18. There is no limitation to the swearing used, hard drugs are often allowed along with strong showings of violence, sex references and stronger sex scenes. A scene containing real sexual activity is permitted as long as it is justified by the context of the film.

• R18

This means restricted 18 and films with this rating can only be shown in certain licensed cinemas or licensed shops and only to anyone ages 18 or over. The material featured in these films possess material the BBFC deems inappropriate for its rating of 18 due to even strong violence and sex. Despite this being the strongest rating allowed, more cuts are made to films in this category than any other.

Since its founding in 1912, 11 films have been completely banned in the United Kingdom by the BBFC. The Human Centipede 2 was initially denied a UK classification, and therefore its right to be distributed, however after making 32 cuts to the film (2 minutes and 37 seconds of footage) the BBFC begrudgingly awared it a rating of 18. The cuts needed to be made due to the BBFC deciding that some scenes were "relating to sexual violence, graphic gore and the possibility of breach of the law relating to obscenity".

OFCOM
Television, Radio and Telecommunications Office for Communication, or Ofcom, is responsible for regulating communications. This includes the sectors of both TV and Radio, mobile phones, fixed line telecommunications, postal services and also the airwaves where wireless devices operate. The Communications Act 2003 states exactly what Ofcom's rules and duties are. Fees from industry to regulate broadcasting and any communications network funds Ofcom, along with financial aid from the Gorvernment.
Their legal duties are:

• To ensure that the United Kingdom has as wide a range as possible of electronic communication services, such as broadband 
• To ensure as wide a range as possible of good quality TV and radio is provided to appeal to people of all ages, tastes and interests
• To ensure that anyone watching TV or radio is protected from any material deemed harmful or offensive
• To ensure that a wide range of organisations provide the TV and radio services
• To ensure the most effective use of the radio spectrum

Ofcom only regulates programs that have already been broadcast. Unlike the way the BBFC regulates films and orders any cuts before the films are seen by the public, Ofcom handles public complaints by assessing them against the broadcasting code to see if the said program was in breach of the code. If a broadcaster is found to of either seriously breached this code or to of done so repeatedly, Ofcom has the legal power to impose punishments; these range from a large fine to taking away their broadcasting license.

The broadcasting code (can be found here) was created through extensive research into the public's opinions on what is and isn't acceptable on TV, and it covers the regulations in place for programs, sponsorship, fairness, product placement and privacy. The codes aim is to ensure all listeners and viewers are protected from content considered harmful and offensive as long as the audience receives information letting them know this and also as long as the content is editorially justified.  Impartiality and accuracy, sponsorship and product placement, fairness and privacy as well as harm and offence are all covered in the code. When a complaint is made, it is assessed against the code and if the program is found to of broken any rules specified in the code a recording of the breach will be made and Ofcom may be required to make a further decision such as a revoking of a license or a fine, for example in the Sachsgate debacle, the BBC was fined £150,000. Ofcom found that BBC2 had broadcast "explicit, intimate and confidential information" regarding Sachs' granddaughter, without her consent. Ofcom went on to say "This not only unwarrantably and seriously infringed their privacy but was also gratuitously offensive, humiliating and demeaning". £70,000 of the fine was for breaching the broadcasting code on standards and £80,000 for the unwarranted infringement of both Sachs and his granddaughter's privacy.

IPSO
IPSO, or the Independent Press Standards Organisation, replaced the former regulatory body The Press Complaints Commission (PCC) which was closed on the 8th September 2014. It is an independent organisation which regulates the magazine and newspaper industry. As well as striving to keep the quality of journalism in the UK as high as possible, they also support any members of the public by setting right any complaints made stating that there has been a breach in the Editors' Code of Practice. The full Editors' Code of Practice can be found here. By protecting individuals rights, and ensuring all conduct is at a professional standard, IPSO help to keep "freedom of expression for the press".
All of the services offered by IPSO are free of charge and anybody can make a complaint through their website. All recent rulings made by IPSO can be found here.

ASA
The ASA, or Advertising Standards Authority, exists in the United Kingdom as a self regulating organisation. The ASA has no legal enforcement rates, however it acts to "regulate the content of advertisements, sales promotions and direct marketing in the UK". To do this, the ASA investigates any complaints made by the public about any advertisements, product promotions or direct marketing by seeing if the said advertisement complies with its code (found here). The code covers an extensive list, ranging from things such as harm and offence, to the more obscure such as pornography and electronic cigarettes.
Here is an example of the ASA banning an ad featured on the infamous Page 3 of The Daily Star, ASA stated that the ad, offering a lucky winner a visit from 2 models to his workplace, was “sexist, offensive and socially irresponsible” and did not comply with the code.

Issues associated with regulation; consumer choice, freedom of information and censorship
There are a lot of issues associated with regulation, the main one being that it is impossible to please everyone. Whilst regulating and/or censoring a news broadcast showing a violent attack, some people will agree they are being protected from harmful content, others will feel the this stands in the way of their right to information. Decisions will need to be made on the grounds of whether it is in the interest of the majority of the public.A joke featured on a TV show might be found hilarious by someone, yet absolutely outrageous to someone else and they therefore would want it removing from broadcast, however the person who enjoyed it would be equally annoyed, so Ofcom would need to make a decision on whether enough people were complaining and if the offending joke went against its code.

Controversial comedians, such as Frankie Boyle are very much a matter of taste. It is hard to regulate as their is such mixed opinions and views, and due to what he says being jokes the guidelines become even more blurry on what is acceptable and not acceptable.
Sometimes, regulation is taken too far such as in China, where they sensor and have full control over everything said on social media. They believe that through this, people will self regulate what they post.
The Freedom of Information Act 2000 was put in place to provide the public with access to certain information kept by publicly owned authorities. The act enforces this in 2 different ways; by ensuring that authorities that are obliged to do so publish certain information regarding their activities,