Media Regulation

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

Very few industries leave the organisations or companies who operate in that sector to their own devices. 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 StandardsAuthority. 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?

The OFice of COMunication (OFCOM) is responsible for regulating television, radio, telephone services and some aspects of the internet, although the areas most relevent 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?

Section 6: Elections and Referendums
Section 5: Impartiality and Undue Prominence of Views and
Opinions
Section 9: Commercial References in Television Programming

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

No, as it is not an outwardly violent or explicit movie. 6:55pm is also a time where you would expect parents to be putting their young children to sleep. Children should also be encouraged to know when something may upset them and that they can stop watching at any time.

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
Section 6: Children*
Section 7: Children in Sex Cases*
Section 8: Hospitales*
Section 9: Reporting of Crime*
Section 10: Clandestine Devices and Subterfuge*
Section 11: Victimes of Sexual Assault
Section 12: Discrimination
Section 13: Financial Journalism
Section 14: Confidential Sources
Section 15: Witness Payments in Criminal Trials

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 breah 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. on Sunday 28th September, 2014, The Sunday Mirror published a story revealing that the Conservative MP Brooks Newmark had sent explicit pictures to a woman that he believed was a public relations professional. By exposing such behaviour in a politician, The Sunday Mirror can claim to have performed a public service. Statutory rules about subterfuge and intrusions into people’s private lives might have prevented such a story from being put together Victims of press intrusion also gave evidence, including Hugh Grant and Charlotte Church who gave details about how they felt the press had been able to intrude on their personal lives to an unacceptable extent. At the end of the enquiry, it was recommended that the PCC be replaced with a new body with more power to bring the press into line. 

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

The Leveson inquiry was a judicial public inquiry into the culture, practices and ethics of the British press following the News International phone hacking scandal, chaired by Lord Justice Leveson, who was appointed in July 2011.

8) What was the PCC replaced with in 2014?

On 8th September 2014, the PCC was replaced by the Independent Press Standards Organisation (IPSO). This new body (like the PCC) has been set up by the newspaper industry itself and it’s code of practice is essentially the same as the code administered by the PCC. This has led to criticism that the new body is effectively the PCC under a different name.

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?

I think that the press should be regulated in terms of not being able to publish opinions stated as fact; slander against people without evidence and releasing private/explicit messages or material.

10) Why is the internet so difficult to regulate?

The internet is global with a lot of different layers being used on a large scale.