Task 7: Regulatory Frameworks
What is a regulatory body and what is a regulatory framework?
A regulatory body is a public organisation/government agency that is created to exercise a regulatory function. Regulatory bodies cover a wide range of professions (e.g. Finance Offices, Pensioners, etc.), but not all of them are regulated and some may be self-regulated. A regulatory body can also be referred to as a regulatory agency, a regulatory authority, or a regulator.
Some of the duties a regulatory body focuses on:
- Imposing requirements
- Conditions or Restrictions
- Setting standards for activities
- Obtaining compliance
What is Ofcom, what does it do and what framework does it produce and follow?
Ofcom (Office of Communications) is an independent organisation that is also a government-approved regulator for communication services such as TV, radio, broadband, postal and mobile services. It has many functions, which include providing a range of companies with quality TV and radio programmes that appeal to many audiences and protect viewers/listeners from harmful or offensive material. Any content that might seem questionable can be reported through their website and call centre, and they register all complaints received from people and businesses.
Ofcom uses a framework called 'The Broadcasting Code', It provides broadcasters guidance and practices for them to follow so their content will be suitable for television and appropriate for their target age range. It's highlighted that the context in which material appears is key for determining whether or not it's allowed, and it's the responsibility of the broadcaster to ensure they're complying with all sections of the Code. There are many sections within it, this includes Protecting the under-eighteens, Harm and offense, Religion, Fairness, and Privacy. As stated in the first section, Ofcom is very intent in regards to protecting young people under the age of eighteen from potentially damaging material.
What is the ASA, what does it do and what framework does it produce and follow?
The ASA (Advertising Standards Authority) is the UK’s independent advertising regulator. The ASA makes sure ads across UK media stick to the advertising rules. The ASA and Its sister organisation, CAP (Committee of Advertising Practice) are responsible for writing the Advertising Codes.
The frameworks that the ASA follows are called 'The Advertising Codes'. Two codes were been created for the different types of advertisements: the Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP code) and the Code of Broadcast Advertising (the BCAP code). Like many regulatory frameworks, both codes are split into multiple sections. The CAP Code consists of sections such as Compliance, Harm and offense, Children, Environmental claims, Weight control and slimming, Gambling and Alcohol. The BCAP Code, on the other hand, applies to all adverts. There are many of the same sections with additional ones such as Charities, Premium-rate telephone services, Introduction and dating services, and Scheduling. Every rule in every section must be adhered to in order for an advertisement to be published, in relation to the relevant Code.
What is the IPSO, what does it do and what framework does it produce and follow?
The IPSO (Independent Press Standards Organisation) is the independent regulator for the newspaper and magazine industry in the UK and is funded by the RFC (Regulatory Funding Company). They look at complaints about any newspapers and magazines' actions, protect individual rights, uphold high standards of journalism and help to maintain freedom of expression for the press.
The framework that the IPSO follows is called 'The Editor's Code of Practice'. Every newspaper and magazine they regulate agrees to follow the rules that are detailed within the code, with the responsibility placed on the editors and publishers. There are 16 clauses in the code, some of which include: Accuracy, Harassment, Children, Discrimination, and Confidential sources. Even though the code must be followed, IPSO also allows freedom of expression with certain subjects (e.g. politics), as long as it follows the set rules so any complaints about ISPO restricting human rights can't be made.
What is the BBFC, what does it do and what framework does it produce and follow?
The British Board of Film Classification (BBFC) is a non-governmental organisation that is responsible for the national classification and censorship of films that exhibit in cinemas and video works (e.g. such as TV programmes, trailers, adverts, public information, etc.) that are released to physical media within the UK.
The BBFC's framework is their 'Classification Guidelines' which they follow when they're deciding their ratings. When looking at videos, they mainly look at context, theme, tone, and impact to come to the decision on which rating they give them. It can be troubling sometimes when they are stuck between 2 age ratings for works. In more specific terms, they will consider aspects such as bad language, dangerous behavior, discrimination, drugs, horror, nudity, sex, violence, and sexual violence that are contained. When they follow these guidelines, a video can be given a rating from U (Universal - for all ages) to R18 (Content only to be shown in licensed cinemas due to it containing explicit content such as sex and strong fetish material).
What is PEGI, what does it do and what framework does it produce and follow?
PEGI (Pan European Game Information) is the organisation that provides age classifications for video games ranging from a 3 to an 18, as well as providing content descriptions so people are aware of what content is not suitable for younger audiences in a game (e.g. bad language, drugs, in-game purchases). Their main target audience is parents, so they can make educated decisions regarding what games they should purchase for their children. PEGI is supported by many console manufactures such as Sony, Microsoft, and Nintendo, as well as by publishers and developers of interactive games throughout Europe.
The framework that PEGI follows is called 'The PEGI Code of Conduct'. All publishers using the PEGI system are obligated by contract to follow the rules within the code. It's separated into 15 articles, covering important aspects such as Conditions for Online Gameplay Environments, Complaints, Advertising and Promotion, and Labelling.
What is the Creative Industries Council and what is their involvement with regulation?
The CIC (Creative Industries Council) is a forum of government, creative businesses, and other creative organisations. It focuses on areas where there are barriers to the growth of UK creative sectors such as access to finance, skills, export markets, regulation, intellectual property (IP), and infrastructure. It also focuses on promoting opportunities such as the CreaTech category and greater diversity and inclusion.
It's suggested that the CIC don't involve regulation in their system as they see it as an obstacle that is preventing the growth of the creative industries. It could be because of the restrictions that it puts on what these companies in the creative industries can and cannot create.
Links Used:
https://www.safeopedia.com/definition/625/regulatory-body
https://securitysectorintegrity.com/standards-and-regulations/procurement-monitoring-evaluation/
https://en.wikipedia.org/wiki/British_Board_of_Film_Classification
https://www.thecreativeindustries.co.uk/
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