Unit 7 Assignment 2 Part 2

Legal constraints in creative media:

Legal Constraints:

A constraint is a limitation or a restriction on something to prevent something else from happening. In the Media industry, there are many limitations, laws and restrictions. Some regulations aren't legal in that they aren't provided by law.

Libel Law:

This is a published false statement that is damaging to a person’s reputation, you can be sued for these damages.

A case study for this is that Rockstar games was sued by Lindsay Lohan, she claims the game’s “Lacey Jonas” character is based on her- portrayed in the game as a famous young actress who is trying to avoid paparazzi – on Lohan’s voice and likeness without the actress’ permission, according to multiple news outlets. Rockstar and Take-Two are also currently defending a similar ongoing lawsuit brought earlier this year by former “Mob Wives” star Karen Gravano, the daughter of Salvatore “Sammy the Bull” Gravano. Her $40 million suit also claims GTA V based one of its characters on her likeness and life story.

This is Lindsay Lohan and the GTA V character she says is based off her

Race relations Act 1976:

This was established by the Parliament of the United Kingdom to stop discrimination to do with race.
Things that are covered include: discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions.

• The Act also established the Commission for Racial Equality with a view to review the legislation, which was put in place to make sure the Act rules were followed.
• The Act incorporates the earlier Race Relations Act 1965 and Race Relations Act 1968 and was later amended by the Race Relations (Amendment) Act 2000, notably including a statutory duty on public bodies to promote race equality, and to demonstrate that procedures to prevent race discrimination are effective.
• The Act was repealed by the Equality Act 2010, which supersedes and consolidates previous discrimination law in the UK.

A case study for this is that if a protagonist in a video game was being a racist and his friend was to correct him from saying that racist remark then the would not be hold against the triple – A company as the protagonist in the video game was told off by his friend there for it tell the video gamers who are playing that video not to be racist and promote equality and to acceptance to those people who are of a different, Race, Ethical, Nationality.

This shows that the main characters in games are mostly 'white'

Human rights Act 1998:

This is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. In particular, the Act makes it unlawful for any public person to act in a way that is incompatible with the Convention, unless the wording of any other primary legislation provides no other choice. 

Some of the freedoms protected are:

• Freedom of thought, religion and belief
• No discrimination – everyone is seen as equal
• Freedom of speech
• Respect for privacy – you are protected against unnecessary surveillance
• Right to a fair trial
• Freedom of thought
• Freedom of expression

A case study for this is discrimination. Sexism in video games like GTA refers to prejudiced behavior or discrimination based on sex or gender that is experienced by people who play and create video games, primarily women. This may manifest as sexual harassment or in the way genders are represented in games, where characters are often presented according to gender-related tropes and stereotypes. Harassment can involve sexist insults or comments, death or rape threats, demanding sexual favors in exchange of virtual or real money, or criticism of the presence of women and their interests.In some cases, female players are also stalked, whether online or offline.

This is an example that is not just women to do with sexism in games.

Obscene publications Act

The law makes it an offence to publish, whether for gain or not, any content whose effect will tend to "deprave and corrupt" those likely to read, see or hear the matter contained or embodied in it. Since 1857, a series of obscenity laws known as the Obscene Publications Acts have governed what can be published in England and Wales. The original definition of criminal obscenity is if it "tends to deprave and corrupt," stated in 1868 by John Coleridge, 1st Baron Coleridge. 

A case study for this is the game Manhunt, this game had been banned from the UK for the first time in a decade. The original Manhunt game caused huge controversy and was blamed for the murder of Stefan Pakeerah. The boy was stabbed and beaten to death in Leicester in February 2004. His parents believe the killer, Warren LeBlanc, 17, was inspired by the game. Stefan's mother, Giselle Pakeerah, had condemned the sequel, branding the gaming industry "morally irresponsible". Manhunt 2 was rejected for its "unrelenting focus on stalking and brutal slaying", the British Board of Film Classification said. Also Manhunt 2, for PS2 and Nintendo Wii consoles, is made by Rockstar Games. There is also talk of a Manhunt 3- All that is known is that supposing it does happen it will likely use the Rockstar Advanced Game Engine and appear on the PlayStation 3, Xbox 360 and very possibly the PC.

This is the cover for the games Manhunt.

Broadcasting Act 1990:

This  is a law of the British parliament, usually regarded by both its supporters and its critics as a quintessential example of Thatcherism. The aim of the Act was to reform the entire structure of British broadcasting- British television, in particular, had earlier been described by Margaret Thatcher as "the last bastion of restrictive practices". The act came about after the finding from the Peacock Committee.

independent Television Commission (ITC), their main role is as a watchdog for commercial TV in the UK by regulating and licensing it. It aims to "look after viewers' interests" by setting and maintaining the standards for programmes, advertising and technical quality. In December 1998 the ITC fined Carlton £2m for a faked exposé of a Colombian drug running operation.

Video Recordings Act 1984:

This is an Act of the Parliament of the United Kingdom that was passed in 1984. It states that commercial video recordings offered for sale or for hire within the UK must carry a classification that has been agreed by an authority designated by the Home Office. Works are classified by the BBFC under an age-rated system is an offence under the Act to supply video works to people who are (or appear to be) under the age of the classification designated. Works that are refused classification cannot (under the Act) be legally sold or supplied to anyone of any age unless it is educational, or to do with a sport, religion or music and does not depict violence, sex or incite a criminal offence. The BBFC may also request cuts to be made, either to receive a certain age rating, or to be allowed a classification at all. Even though games are generally exempt from the Video Recordings Act, those depicting sexual content, or gross violence towards people or animals, must still be submitted to the BBFC for consideration. BBFC ratings are legally binding, and British law imposes stiff penalties on retailers who sell to under-aged customers. However, the Act was discovered in August 2009 to be unenforceable. The rating system is to be reviewed as part of the Digital Britain project.

A case study for this is that Carmageddon, in which the gameplay involved mowing down innocent pedestrians, was the first game to be refused classification in 1997, effectively banning it from sale. The game's publisher, SCI, had a modified version created in which the people in question were replaced by green-blooded zombies, which completed a successful appeal against the BBFC to overturn their original decision. The uncensored, unmodified version of Carmageddon was later released under an 18-certificate.

This is an example of gameplay for Carmageddon

Licensing Act 2003:

This is an Act of the Parliament of the United Kingdom. The Act establishes a single integrated scheme for licensing premises which are used for the sale or supply of alcohol, to provide regulated entertainment, or to provide late night refreshment. Permission to carry on some or all of these licensable activities will now be contained in a single licence ~(the premises licence) replacing several different and complex schemes. 

The objectives of the Act are:

• Prevent crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

A case study for this is Spider-Man had been passed 12 in April 2002, in spite of a request from the distributor for a PG. The reason for the 12 was that the film contained a level of personal violence and a revenge theme that went beyond what was acceptable under the PG level BBFC Guidelines of the time, which only allowed "Moderate violence without detail ... if justified by its setting".  The decision proved to be unpopular with the under 12's who had collected the Spider-Man merchandise, toys, lunch-boxes etc, that were specifically marketed at young children. The BBFC received many letters from disappointed children and some surprised parents, questioning the decision. However, the BBFC defended the '12 decision.

Copyright & intellectual property law:

Copyright is a legal right created by the law of a country that allows the creator of an original work exclusive rights for its use and distribution (This is usually only for a limited time). The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. It is a form of intellectual property, applicable to certain forms of creative work. Under US copyright law, legal protection attaches only to fixed representations in a tangible medium. It is mostly shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as 'rights holders'. These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution.

This is the copyright logo/symbol

Intellectual property (IP) is a term referring to creations of the intellect for which a monopoly is assigned to designated owners by law. Some common types of intellectual property rights (IPR) are: copyright, patents, and industrial design rights; and the rights that protect trademarks, trade dress, and in some jurisdictions trade secrets: all these cover music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs. 

While intellectual property law has changed over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the majority of the world.

These are the Intellectual property symbols

A case study of this is Disney with intellectual property. Disney protects all its characters with trademark and copyright registrations. A trademark protects a brand name, while a copyright protects an original work such as a movie or book. The owner of a trademark or copyright registration for a fictional character can stop others from using the character without permission. For example, Disney holds trademark and copyright registrations for Snow White (a classic Disney princess fairy tale character). In 1989, Disney sued the Academy of Arts and Sciences when the Academy used an entertainer to portray Snow White without Disney's permission in its opening number for an Academy Awards telecast.

Regulatory and professional bodies:

British Board of Film Classification (BBFC):

This is a non-governmental organization, founded by the film industry in 1912 and responsible for the national classification and censorship of films within the United Kingdom.[1] It has a statutory requirement to classify videos, DVDs and, to a lesser extent, some video games under the Video Recordings Act 2010. Their regulations state the letter or number (U, PG, 12, 15, 18, R18) within the triangle, circle or square must be no less than 5mm in size.  The size refers to the letter or number and does not include any shadow or other design elements.

These are the age restrictions used by the BBFC

This is related to animation, Children’s film Coraline got to the BBFC with a PG category request. It was based on the popular, award-winning, children’s book by Neil Gaiman and is a stop-motion animated film in a similar style to The Nightmare Before Christmas and The Corpse Bride. Examiners noted a general air of creepiness or spookiness running through the film. The eeriness starts in the opening credits which show close-up images of a raggedy doll being taken apart with medical precision and continues with the first sight of the ‘Other Mother’ and her button eyes. They also noted that as the film progresses the slight creepiness becomes increasingly menacing. Coraline is asked to consider replacing her own eyes with buttons so she can stay with the ‘Other Mother’ forever and when she refuses the ‘Other Mother’ reveals her true self, the Beldam, a huge spider-like creature. As Coraline tries to escape, everything becomes scary and dark – the garden full of snapping plants, her friendly Circus Master revealed to be a bundle of clothes filled with rats.  

This is an example of a scary scene in Coraline

Video Standards Council (VSC):

It is a standards body for the video and video games industries and has a Code of Practice designed to make sure that both industries show a duty of care in their dealings with customers and the public generally. It provides its retailer members with a staff training course dealing with age restricted videos, DVDs and video games. It acts as an administrator of the PEGI system of age rating for video games. PEGI is used in over 30 countries. It is the UK regulator responsible for the age rating of video games supplied in the UK (using the PEGI system). In fulfilling this role it uses the name Games Rating Authority (GRA).

An example is Saints Row IV: Re-Elected- this is rated 18 because of its violence which includes the use of anything and everything you can find to beat up and kill other NPCs. Blood fx are visible and bodies remain in situ. Language includes the word ‘fuck’.

This is an example of the gameplay for Saints Row IV: Re-elected

Radio and Telecommunications Office for Communication (Ofcom):

The Office of Communications, commonly known as Ofcom, is the government-approved regulatory and competition authority for the broadcasting, telecommunications and postal industries of the United Kingdom. Ofcom has wide-ranging powers across the television, radio, telecoms and postal sectors. It has a statutory duty to represent the interests of citizens and consumers by promoting competition and protecting the public from harmful or offensive material.

Ofcom has said that animation has become the dominant form on all channels, with a rise on BBC1 from 9% in 1981 to 26% in 1992 and 35% in 1996. The figures for ITV are 9% in 1981, 48% in 1992 and falling back a little to 40%in 1996.

Advertising Standards Authority (ASA);

This is the self-regulatory organisation (SRO) of the advertising industry in the United Kingdom. The ASA is a non-statutory organisation and so can't interpret or enforce legislation. However, its code of advertising practice broadly reflects legislation in many instances. The ASA is not funded by the British government, but by a levy on the advertising industry.
Its role is to "regulate the content of advertisements, sales promotions and direct marketing in the UK" by investigating "complaints made about ads, sales promotions or direct marketing", and chosing if such advertising complies with its advertising standards codes.

They have banned animated TV and YouTube advert for Flora butter- it showed two children making breakfast in bed for their parents and walking in on their parents ‘wrestling’. They received complaints that the ad was offensive and unsuitable for children to see. While they acknowledged that while the ad was suggestive, it did not contain any sexually graphic or distressing scenes, and so was unlikely to cause undue fear or distress to young viewers.

This is the banned Flora advert- as they walk in on their parents

The International Games Developers Association (IGDA):

International Game Developers Association (IGDA) is the professional association for over 12,000 video and computer game developers worldwide. It is incorporated in the United States as a non-profit organization. Its stated mission is "To advance the careers and enhance the lives of game developers by connecting members with their peers, promoting professional development, and advocating on issues that affect the developer community."

British Interactive Multimedia Association (BIMA):

The British Interactive Media Association (BIMA) is an industry body representing the digital industry in the United Kingdom. Formed in 1985, BIMA is a membership organisation primarily made up of digital agencies. The organisation is run by an elected Executive Committee of 13 Members who are voted in at the AGM. It has offices in England, Scotland, Wales and with our regional representatives spread across the country BIMA exists to do four key things:

• Support and promote the British digital industry
• Share knowledge and best practice
• Reward great work 
• Encourage the next generation

Film Distributors Association (FDA):

Film Distributors' Association Ltd. (FDA) is the trade body for theatrical film distributors in the UK - the companies that release films for UK cinema audiences. Film is an influential, dynamic part of the UK's creative economy and FDA is engaged in the industry's on-going efforts to combat film piracy and theft. They are also are members of the Federation Against Copyright Theft (FACT) and the Alliance for IP. Visit their dedicated section on film piracy. They are also represented on the British Screen Advisory Council (BSAC), it is a forum for the discussion of policy issues affecting the audio-visual industries.

Regulatory issues:

The key issues that are affecting the media production and consumers: 

• media ownership and monopoly
• consumer choice
• censorship taste and decency
• protecting under 18's

The organisations that I have looked at which have these problems are Disney, which is to do with media ownership and monopoly. Also Rockstar is to do with this- protecting under 18's, as there are many under 18's that have their games like GTA V and Manhunt which is shown above is the game Manhunt which highlights Rockstar's problem.

Monopoly in the media is a situation that a single company or group owns all or almost all of the market for a given type of product or service. The definition is- monopoly is characterized by an absence of competition, that usually results in high prices and inferior products.

This is an image of some conglomerates with monopoly

It is highly important that no one media producer has a monopoly because if only one media company was around they could print any story they wanted and because there are no other media companies around, everyone would have to believe everything they print. If they were to print a lie there would be no other media around to either back up their information or deny their information. Furthermore having a monopoly would reduce the amount of information given to the public, they can choose what people know and don't know. For example if The News Of The World was the only news paper around and their phone hacking emerged no one would know about it because there was no other news organisations around to report on the scandal. 

Consumer choice is important because it is the essence of market demand. Through the use of cutting-edge economic modelling and of the most advanced quantitative techniques we can understand the consumers' valuation of the different attributes of a product (including its price).
Seth Godin said “As soon as consumers enter the marketplace, they gain power, because power comes from choice. Consumer power is a brand new force, and it’s growing exponentially as a result of more affluence running in parallel with more choice.”

Censorship is the suppression of speech, public communication or other information which may be considered objectionable, harmful, sensitive, politically incorrect or inconvenient as determined by governments, media outlets, authorities or other groups or institutions. In video games since the early 1980's, advocates of video games have emphasized their use as an expressive medium, arguing for their protection under the laws governing freedom of speech and also as an educational tool. Detractors argue that video games are harmful and therefore should be subject to legislative oversight and restrictions. Many video games have certain elements removed or edited due to regional rating standards

Found these two images about censorship

Some people believe that there is a fine line between censorship and protecting the public because censorship helps protect people from harmful content although this only really applies to children as they are the most vulnerable to dangerous content. Nevertheless censorship can be controlling to others as it doesn't allow people to do what they wish. The internet is one media that is very difficult to censor; this factor is properly what makes the internet great however, this is what causes problems like downloading free music.

Under 18’s should be subject to particular consideration by regulators because they are the most vulnerable to dangerous content displayed by media products. They can easily miss interoperate content shown by the media and that can be harmful to them. As they are not adults they need even more protection and regulation from games, TV shows and games.