Current Legal and Regulatory Frameworks

 What is a regulatory body

A regulatory body is a public organisation or government agency that is set up to exercise a regulatory function. This involves imposing requirements, conditions or restrictions, setting the standard for activities, and enforcing in these areas or obtaining compliance. Regulatory bodies cover a wide variety of the creative industries, but not all businesses are regulated and may be self-regulated. The primary goal for a regulatory body is to protect the public, such as the providing and enforcing of adequate standards for health and safety in an organisation. Unlike professional organisations, which require regulating, a regulatory body is created on the basis of a legal mandate or legislation. Simply, a regulatory body such as Ofcom or ASA present guidelines on regulations businesses in the creative industries can or can’t do. Without them, businesses are less likely to be in control of their actions and the environment of the business would potentially become much more unsafe.

What is Ofcom

Ofcom regulates television, radio and video-on-demand sectors, fixed-line telecoms, mobiles and postal services, plus the airwaves over which wireless devices operate. Ofcom sets and enforces regulatory rules for the sectors of which it has responsibility. It also has powers to enforce competition law in those sectors, alongside the Competition and Markets Authority. Ofcom is funded by fees from industry for regulating broadcasting and communications networks, and grant-in-aid from the Government. 

Ofcom's main legal duties are to ensure the UK has a wide range of electronic communication services, including high-speed services such as broadband, and that TV and radio programmes appeal to a range of tastes. These services must also be provided by a range of different organisations and that's something the watchdog has to oversee. The regulator has to ensure people are protected from harmful or violent material from being treated unfairly and from having their privacy invaded. Ofcom can be seen as the police of telecommunications to ensure the safety of each user is top priority and ensure illegal content is as restricted as possible. 

What is ASA

The Advertising Standards Authority (ASA) is the UK’s independent advertising regulator. The ASA makes sure ads across UK media stick to the advertising rules. The ASA regulates the social welfare of advertising material by any business. The ASA’s process is relatively simple, rather than reviewing every poster, every radio ad or every TV ad they have to receive a significant amount of complaints from the general public concerning the material and will review the advertisement. Once the review has taken place, the regulatory body will determine if the ad is safe, sensible and reasonable for public exposure. In the event the ASA deem the advertising content as inappropriate, they are able to ban the content from the business, breaching this ban will then be interpreted at court. Anything from gender stereotypes, racial profiling or any culturally inappropriate content has been significantly focused on in recent years due to the ease of complaint via social media, meaning it is now more important than ever to keep your ad material as PC possible. A famous example of an advert being banned via ASA is from a TV ad from Match.com where the dating website tells the tale of a homosexual female finding a date. It seems baffling how this advertisement is banned in the same world diversification is supported.  

What is the IPSO

The Independent Press Standards Organisation (IPSO) is the independent regulator for the newspaper and magazine industry in the UK. They hold newspapers and magazines to account for their actions, protect individual rights, uphold high standards of journalism and help to maintain freedom of expression for the press. According to their website, some of their actions to ensure the newspaper and magazine industry remain as regulated and controlled as possible include:

• We make sure that newspapers and magazines follow the Editors' Code.

• We investigate complaints about printed and online material that may breach the Editors’ Code.

• We can make newspapers and magazines publish corrections or adjudications if they breach the Editors’ Code (including on their front page).

• We monitor press standards and require member newspapers and magazines to submit an annual statement about how they follow the Editors’ Code and handle any complaints.

• We can investigate serious standards failings and can fine publishers up to £1 million in cases where they are particularly serious and systemic.

• We operate a 24-hour anti-harassment advice line.

• We run a low cost compulsory arbitration scheme to settle legal disputes.  

• We provide advice for editors and journalists.

• We provide training and guidance for journalists so they can uphold the highest possible standards.

• We provide a Whistleblowing Hotline for journalists who feel they are being pressured to act in a way that is not in line with the Editors' Code.

What is the BBFC

Remember sneaking into the cinema to watch the new horror movie because you were too young to watch it? This has credit due to the BBFC who set up the regulations on age rating for films and even adverts.The British Board of Film Classificationis responsible for classifying films that have a cinema and DVD release too. The BBFC uses published Classification Guidelines for certain age ranges, ensuring that the content of the film is age appropriate and that children or young people do not see films that are unsuitable for them. The BBFC Classification Guidelines are based on regular research with the public and updated every 4-5 years. The research involves more than 10,000 people from across the UK, including teenagers. The Classification Guidelines are available on the BBFC website.

The classifications are:

• U – Suitable for all

• PG – Parental Guidance

• 12A – Only used for films shown in cinemas and suitable for 12 years and over. However, people younger than 12 may see a 12A so long as they are accompanied by an adult

• 12 – Video release suitable for 12 years and over

• 15 – Suitable for only 15 years and over

• 18 – Suitable only for adults

Occasionally film classifications create controversy. When The Dark Knight was released, some film critics thought it was too violent for children. This was a problem for the film's production company, Warner Bros, as the film was based on the DC Comic franchise, Batman, which is popular with younger audiences. The BBFC gave the film a 12A certification meaning children under the age of 12 could see the film if accompanied by an adult. Many commentators felt this rating was inappropriate given the film's tone and content, however it remained a 12A throughout its theatrical run. A film is only reclassified if the company who owns it submits it to the BBFC for a new classification. 

What is PEGI

The Pan European Game Information follows a similar regulation technique as BBFC, however, it's core focus relates to videogames rather than films and TV. PEGI controls the appropriate age rating for all types of video games from Universal where everyone can play, to age 18 where the content may be much more violent, graphic and adult. Examples of this include GTA V, Call of Duty and Borderlands. Since PEGI was introduced, game shops and other retailers cannnot permit the sale of videogames to those under the regulated PEGI rating, in the same way you would get ID'd for alcohol. Recently, typically violent games have weakend their blood-thirsty content in order to be applicable to a wider and younger age range. For example, CoD has taken inspiration from animated child-friendly shooters such as Fortnite by making their games much more like a cartoon approach than real war-time guts and gore. In addition, on the back of most videogames you will see a variety of warning labels to help understand specifically what is influencing PEGI to label it the required age rating. This includes bad language, discrimination, drug use, sex and fear. 

What are the Creative Industries Council

The CIC can be seen as the middleman between the industries needs and the governments supply. Set up to be a voice for creative industries, the council focus on areas where there are barriers to growth facing the sector, such as access to finance, skills, export markets, regulation, intellectual property and infrastructure. Action will be taken forward in these areas through the work of a small number of ‘task and finish’ working groups. The CIC is essential a focus group that particularly relates to the DMCS as previously mentioned, to ensure that cultural policy remains strong, maintains growth and creates opportunities for the future of the creative industries. Figureheads of the CIC include recognised and powerful members of the creative industries who have many supporting personnel to back up their views. Therefore, in a creative crisis we're currently facing in 2020, the CIC will be in full force to ensure theatres, museums and exhibitions will be as popular as ever before when they finally open.