Legal and Ethical

Legal issue – something identified within the project that could potentially lead to breaking the law if not addressed.  For example a risk assessment is required for any filming.

Ethical issue – something identified within the project that could potentially lead to complaints if not addressed.  For example, a lack of diversity in an audio-visual product could lead to complaints that hurt the company involved.

Regulatory Bodies: 

A Regulatory Body is appointed by the Government to establish national standards for qualifications and to ensure consistent compliance with them.

•Advertising Standards Authority (ASA) - the UK’s independent advertising regulator. The ASA makes sure ads across UK media stick to the advertising rules (the Advertising Codes).

•British Board of Film Classification (BBFC) - a non-governmental organisation founded by the British film industry in 1912 and responsible for the national classification and censorship of films exhibited at cinemas and video works

•Pan European Game Information  (PEGI) - the European the European age-ratingsystem for video games. PEGI helps European parents make informed decisions when buying video games. PEGI helps European parents make informed decisions when buying video games.

•Ofcom - make sure people get the best from their broadband, home phone and mobile service, as well as keeping an eye on TV and radio 

•Performing Right Society for Music (PRS) - the UK association of composers, songwriters and music publishers, created in 1914. PRS for Music is a non-profit making organisation, that administers the performance rights in their members' music, in relation to the provisions of the Copyright, Designs and Patents Act, 1988.

•Independent Press Standards Organisation (IPSO) - investigate serious standards failings and can fine publishers up to £1 million in cases where they are particularly serious and systemic. 

•World Wide Web Consortium (W3C) - an international community where member organisation , a full-time staff, and the public work together to develop Web standards. 

Legal and Ethical issues for the brief 

Copyright – all content should be either used with permission or created by the advertising agency.  (legal)

Accuracy – every effort should be made to represent the product as accurately as possible and no false claims should be made around it. (legal)

Private property – any location used with be agreed with the owner in writing so no accusation of trespassing can be made. (legal)

Privacy – all actors/models will sign an agreement for their likeness to be used.  If filming in a public place, we will make it clear to the public that by using the location at the time of filming, they may appear in the background of the advert. (legal)

Discrimination – no person will be dismissed from appearing in/working on the advert on the grounds of race, ethnicity, religion, gender, etc. (legal)

Inappropriate imagery and behaviour – as part of the advert, particularly with the young actors/models appearing, no inappropriate activities for that age group will be committed by said actors/models. (ethical [and potentially legal])

Freedom of information Act 

 

The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two ways: public authorities are obliged to publish certain information about their activities; and. members of the public are entitled to request information from public authorities.

Intellectual Property Rights 

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

Data Protection Act 

The Act seeks to empower individuals to take control of their personal data and to support organisations with their lawful processing of personal data.

Copyright, Designs and Patents Act 1988 

Gives the author or creator the exclusive right to copy, adapt, communicate, lend or sell copies of the work, although this right can be sold or transferred. 

Libel

A published false statement that is damaging to a person's reputation 

Slander 

The action or crime of making a false spoken statement damaging to a person's reputation  

Ethical Issues 

Disturbing imagery - unpleasant in a way it makes people feel anxious. 

Offensive material - content that causes another to experience extreme emotions such as anger, insult or disrespect. 

Freedom of speech VS causing offence - freedom of speech becomes hate speech if you use it as perjury  threats or black mail.