Sunday, 23 November 2014

Legal and Ethical Constraints in Factual Television Production


  • Filming in Public


If someone wishes to film on private property, they will need permission from the appropriate owner or council of where they are located. When filming in public, if a pedestrian or voxpopper wishes to be filmed, the editor must blur their face so their identity is hidden. To film in public establishments like shops or industries, the recorder must ask the owners permission to film and interview people if necessary.
" If you film an actor inside a store or restaurant, you need written permission to use the location and also to show the chain’s name or trademark. If you film outside a store or restaurant you do not need permission to show its name or trademark – however, if the location chosen is used to communicate a negative message in your film (for example, a film about ‘poisoned restaurant food’) you may risk legal proceedings." - Quote from British Film Commission.
http://www.britishfilmcommission.org.uk/crew-facilities/locations/filming-in-public-spaces/

How the constraint will impact on my documentary

Filming in public would not really affect my documentary because most of my filming will be made in my interviewer's homes and in the school. Even though I am filming in school where permission is granted, I will be filming in a secluded room to avoid any students being in the shots if they don't want too. When filming vox pops, I will make sure I avoid filming in front of schools and shops that do not grant me permission to film so I think filming in public will affect how I shoot my vox pops.

  • Clearances and Permission (Copyright Law)


Copyright protection exists from the moment a work is created in a fixed, tangible form of expression. The copyright immediately becomes the property of the maker who created the work. Only the creator, or those taking their rights through the maker, can rightfully claim copyright. Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne 1709.
"The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used. The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work. International conventions give protection in most countries, subject to national laws." - Quote from UK Copyright Law
http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law

How the constraint will impact on my documentary

This will affect my documentary as I will need permission to use a song for my background music. I will also use footage of procrastination in certain TV shows where my topic is seen or spoken about so I will need permission to use that footage from the owner to get their approval. Copyright law doesn't just affect the media, it also affects businesses so if I wanted to film outside a chained supermarket or shop, I would have to ask a person responsible for the brand if I am permitted to film inside or outside their territory.

  • Media Privacy Law

The Media Privacy Law is ."It regulates the way agencies can collect, store and use information, and gives us rights of access to it. It also creates a complaints regime. Broadly speaking, agencies that come under the Act usually have to tell you when they’re collecting information about you, keep it secure, try to make sure it’s right, and only use or disclose it for the reasons it was collected." - Quote from Media Law Journal
http://www.medialawjournal.co.nz/?page_id=274

How the constraint will impact on my documentary

This law will not affect my documentary because the facts and figures I will be using are true and not misleading. Before I had my interviews with my interviewee's, I will have a run through of what they are going to say and what I am going to ask them so they give accurate and honest answers on camera to use in my documentary. I will also have to make sure my voxpoppers will respond my my question in a sensible and responsible way. This will relate back the media privacy law because it isn't fact, it is opinion.


  • Libel and defamation Law

The libel and defamation law allows people to take legal action if their identity is being misused or copied in someway or the other. Libel law protects individuals or organisations from unwarranted, mistaken or untruthful attacks on their reputation. The Law protects individuals or organisations from unwarranted, mistaken or untruthful attacks on their reputation. "Defamation is any published material that damages the reputation of an individual or an organisation. This covers material on the internet as well as radio and television broadcasts - so even drama and fiction can be defamatory if they damage someones reputation. You can only publish defamatory material if it comes within one of the recognised legal defences. If it doesn't, the publication will amount to libel and you may have to pay substantial damages. " - Quote from BBC
http://www.bbc.co.uk/dna/collective/A1183394

How the constraint will impact on my documentary

This constraint will not make any impact or affect on my documentary because I am not using any information or images to be derogatory or display a false representation of a business in my documentary. I will make sure I portray all businesses and interviewers in my documentary correctly to avoid breaking the libel and defamation law and too avoid the result of legal action being taking into consideration.

  • BBC editorial' guidelines
Privacy - It can be considered an offence when privacy isn't secured so Ofcom regulates the privacy by allowing anything of a certain nature to be shown after 9pm, anything from drugs, strong language and/or sexual nature.
Accuracy - This principle states that it must be adequate and appropriate to the output, taking account of the subject and nature of the content, the likely audience expectation and any signposting that may influence that expectation. This principle is to ensure everything it truthful and correct to use in the media.
Fairness/ Consent - The BBC guidelines state that we should be fair to all parties involved. BBC content should be based on respect, openness and straight dealing.  The ofcom broadcasting code also has the obligation to "avoid unjust or unfair treatment of individuals or organisations in programmes."


How the constraints will impact on my documentary

With the BBC guidelines, none will affect or compromise with my documentary, I will however make sure and be clear with all parties that all information stated should be accurate and truthful to avoid of legal action or disciplinary taking place. I will also make sure all parties are treating fairly and equally throughout my documentary.
  • Ofcom
Protecting Under 18's - The 9pm watershed is highly effective in terms of protecting under 18's, meaning anything derogatory is cut from anything film or programme broadcasted from the early hours of the morning to 9pm the following night. It allows children to be same from witnessing or listening to anything relating to drugs, sex, death or strong language.
Human Rights - Everyone's human rights must be respected and protecting meaning anyone or everyone has a right to express themselves and their opinions of a topic without judgement or victimization from any other parties.
Harm and Offence - An important guideline to have as harm and offence portrayed on television or radio could influence or inspire people to follow and commit harm and offence either emotionally, physically or socially.


How the constraints will impact on my documentary

None of these Ofcom guidelines will affect my documentary because it will not be of a immoral and senseless nature. It will be a sensible and truthful topic about human procrastination. What I will focus on however will be the human rights guidelines because I want everyone in my documentary to speak freely about my topic without any cause of concern of argument because I am purely trying to get each parties opinion and facts.

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