Regulation Flashcards

1
Q

What is regulation ?

4 points

A

Regulation is a control mechanism carried out by industries and organisations in order to protect members of society.

Regulation acts as a safety net to protect the vulnerable and those who cannot protect themselves.

Regulators should be referred to as organisations or body’s that regulate.

Regulators must be able to hold companies account for their actions, mistakes and failings.

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2
Q

Regulation must be…

5 points

A

Transparent

Objective

Non profitable bodies, funded

Regulators must be of a good character

Regulators must be knowledgable and experienced

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3
Q

Why is regulation important ?

3 points

A

Regulation protects vulnerable members of society.

Regulation ensures industries are accountable for their actions and take responsibility , mistakes can be learned from and standards are raised.

Regulation ensures industries don’t abuse their power.

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4
Q

Why is regulation important ?

3 points

A

Regulation protects vulnerable members of society.

Regulation ensures industries are accountable for their actions and take responsibility . Mistakes can be learned from.

Regulation raises standards.

Regulation ensures industries don’t abuse their power.

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5
Q

Who is the chief executive of Ofcom?

A

Sharon White

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6
Q

Arguments for regulation

9 points

A

Regulation protects vulnerable members of society from inappropriate media and ensuring harm being done.

Regulation allows audience and institutions access to media and communication.

Regulation prevents companies from monopolising the industry which would restrict views and opinions.

Regulation allows smaller companies to compete so there is equal opportunity.

Regulation ensures industries are accountable for their actions and take responsibility.

Regulation allows companies to learn from mistakes and raise standards.

Regulation prevents children from inappropriate media not suitable for their age.

Regulation protects audiences from exploitation through illegal or dishonest business practices.

Religion prevents people having their religion mocked.

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7
Q

Arguments against regulation

6 points

A

Regulation makes generalised decisions for everyone without considering individuality.

Regulation prevents companies from becoming more successful.

Regulation could restrict freedom and expression for TV and film makers.

Reactive regulators are slow to act so the damage is already done.

Regulation prevents people from taking individual responsibility.

Regulation doesn’t allow parents to make their own decisions based on their knowledge of their child’s maturity.

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8
Q

What is statutory regulation ?

+ Example

A

Statutory regulation is a regulating body set up by an act of parliament in the best interest of the public.

An example of a statutory regulator is Ofcom.

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9
Q

What is self regulation?

+ Example
+ Flaw

A

Self regulation is when a regulating body does not want government interference. People inside the industry regulate eachother.

An example of a self regulator is PCC (Press complaints commission)

A flaw is that there may be a lack of objectivity with this form of regulation.

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10
Q

What is reactive regulation?

+ Example

A

Reactive regulation is when media is acted upon once it has been released to the public and a complaint has been made.

Ofcom are actually reactive regulating body.

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11
Q

What is proactive regulation?

+ Example

A

Proactive regulation is monitoring the media before its release to the public.

An example of a proactive regulator is BBFC (British board of film classification).

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12
Q

Who are Ofcom?

5 points

A

Ofcom are a statutory, reactive regulating body that regulate television and radio content.

This can include programmes in the BBC and digital channels such as channel 4, 5 and ITV.

Ofcom operates using the broadcasting code, known as the code.

All commercial broadcasters are licensed by Ofcom to broadcast subject to compliance with their rules.

If ruled are broken then Ofcom have the right to fine the broadcaster.

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13
Q

What are Ofcoms main responsibilities ?

3 points

A
  • Responding to complaints regarding TV & radio content
  • Monitor product placements to ensure they are following rules
  • Allocating prefix and telephone numbers
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14
Q

What are Ofcoms goals? (Leaflet)

6 points

A

To overall ‘secure standards and improve quality’

  • Protect children from being exposed to harmful content
  • Protect audience from harm and offence
  • Protect against extremist views
  • Encourage diversity for equal opportunity
  • Prevent discrimination
  • Protect freedom of speech
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15
Q

What is PSB?

4 points

A

Public service broadcasting.

PSB is broadcasting for public benefit but not commercial purposes.

PSB encourages diversity in the media and provides programs which reflect and examine wider society.

Ofcom have duties to conduct PSB reviews.

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16
Q

Ofcoms broadcasting code:

8 points

A
  • The watershed is 9pm and the transition should not be done abruptly
  • Under 18’s to be protected from harmful and offensive content
  • No discriminatory language
  • Programmes must be true and accurate and not misleading
  • Programmes must not condone violence or glamorise it so that others will follow the behaviour
  • Audience expectation is key so viewers must be forewarned
  • Respect for human dignity
  • Excorism and supernatural to require special handling
17
Q

Why may Ofcom be considered ineffective ?

4 points

A

They are reactive so are slow to complain and audience would have forgot.

The damage is already done as a result of allowing creative and artistic freedom.

Some companies will break rules in order to gain publicity so their code is ineffective.

The internet undermines Ofcoms broadcasting code as audience will most likely be able to access banned tv adverts and programmes online.

18
Q

OFCOM timeline of complaints (8 points)

A

Complaints are sent, a reasonable time frame is given to allow audience to react and for Ofcom to consider the nature of the responses ( 2 weeks)
-
Complaints and received and reviewed.
-
Complaints are compared to the broadcasting code to determine whether investigation is necessary.
-
Companies involved in production will be contacted to justify the inclusion of the content. Audience research may have been carried out by a company to justify this.
-
Precedent cases are analysed to see how Ofcom have responded before.
-
Judgement is made but the broadcasters history must be taken into consideration (repeated offences / warnings)
-
Findings published online. (Standard 4 month process)