Media regulation is a vast area and it is rapidly becoming more
complex due to the Internet and emerging interactive possibilities.
The media is regulated by statutory and non-statutory bodies,
but the laws governing the media in the United Kingdom may not
necessarily be the same as those in other countries. As media
producers it is important to have a basic understanding of media
law and how this can affect the media that you create, not only
in this country but worldwide.
Multimedia presents a complex area because the web is a global
medium. As such it is very difficult to regulate and the problem
of jurisdiction can be complicated.
- Laws governing privacy and data protection need to be respected
when working with electronic media and this is an area of rapid
expansion. The Data Protection Act (www.hmso.gov.uk/acts/acts1998/19980029.htm
) exists in the UK to control this area.
- It is important to establish in writing who owns and manages
data gathered on websites because this helps define legal responsibilities.
- It is essential to establish who will be responsible for
making copyright and intellectual property payments where necessary
- It is important to establish that the relevant party not
only has the rights to material produced in conventional formats,
but to obtain the electronic rights as well.
- In most cases it is wise to get an indemnity, which is a
written agreement stating that the client owns the electronic
copyright in all material they give to you for the website concerned.
- Licences can be problematic because of the purpose for which
products are created. For the use of a CD Rom in the UK, the
material could not be transferred to a website and viewed globally
without an additional licence.
Copyright, intellectual property and confidentiality (www.patent.gov.uk/)
are of paramount importance in all media platforms and issues
should be dealt with at the research and planning stages of any
project. If you are planning to use a particular music track or
image within your project there is no point in going ahead with
it until clearance has been obtained.
The government have published a set of website guidelines (www.nics.gov.uk/bds/isservices/wads/webguide.htm
) and these include compliance checklists for multimedia producers.
Multimedia is still relatively new and is growing as a delivery
medium. Statutory bodies do exist to impose guidelines:
Television is heavily regulated and the Independent Television
Commission (ITC) (www.itc.org.uk
) established by the Broadcasting Act 1990 (www.hmso.gov.uk/acts/acts1990/Ukpga_19900042_en_1.htm
), governs the licensing and regulation of independent television,
licenced cable and satellite services in the UK and teletext.
The ITC has the power to enforce codes of practice regarding
good taste and decency, violence portrayal and politically sensitive
material and there is an ITC programme code (www.itc.org.uk)
covering all aspects of broadcasting relating to the public.
As a result of the communications White Paper published in 2000,
the Office of Communications (Ofcom) (www.ofcom.org.uk
) was established. When operational it will govern the converging
industries of broadcast media and communications. Ofcom will
be
working closely with The
Department for Culture, Media and Sport,
and The Department of Trade and
Industry.
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