Legal and Ethical issues

Disclaimer

British Film Commission

A disclaimer is a statement made before showing or saying something, it can also be seen as a warning ahead of something and used to deny responsibility of whatever is going to happen whether said or done. Having a disclaimer before any production is very important as you want to notify the viewers of anything that may affect them in any way. This will make sure that even if your audience are affected by issues raised or content shown, your back is covered and you're not in the wrong. In my documentary I won't be including a disclaimer as there is nothing of offensive nature and the issue or issues raised are all simply for educational purposes.

Clearances and Permissions

If you film and actor in a public space such as a store or restaurant, you will need to get written permission to use the location and show the trademark or name. However, if it is an outside public area you wouldn't be required to show the name or trademark, this doesn't apply if you've used a specific location to communicate a negative message in your content as it may risk legal proceedings.  Passers-by do not need to give you permission or for you to ask for their permission to use their faces in your content. This is because in UK law, it is the filmmakers right if they want to film in a public place.

Privacy

I have researched into the laws behind privacy with respect to the media and content produced for the media. Clause 3 on the Privacy Act (Data protection act) 1988 states that 'everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications. Editors will be expected to justify and intrusions into any individual's private life without consent.' It also says that 'it is unacceptable to photograph individuals in a private place without their consent.'  This shows the 

Ofcom- Offensive language

Ofcom's report on offensive language

As this organisation is the regulator for communication industries in the UK, it is their job and responsibility to set standards for things like offensive language which is a growing concern amongst TV/radio audiences. Ofcom have commissioned research to assess whether any of their codes have been breached, this will inform them on potential offensive language used in TV and radio content. The research is aimed to assess how different demographics interpret this language based on different contexts.  

• to understand current public attitudes towards offensive language on TV and radio; 

• to establish a contemporary barometer of offensive language in terms of acceptability; and 

• to give Ofcom an understanding of the contextual factors which influence the acceptability of offensive words on TV and radio – both generally and in particular. 

Participants agreed that broadcast standards played a crucial role in enabling parental choice and control over their children’s viewing and listening habits. There was also general agreement that there should continue to be rules and standards around the use of offensive language and gestures on TV and radio.

Children

This is an important element in my documentary because the majority of the participants and children and young adults, therefore I will have to follow the legal and ethical issues that relate to the BBC's in order to be able to publish or distribute my documentary. Firstly, the first legal issue on the BBC's website under the legal context 3.2(1) 'policies- roles and responsibilities' states: ''The UK is governed by a range of legislation that seeks to protect the child and these have an impact on how the BBC functions in respects of its relationship  with children''. 

Therefore I will need to consider this legal constraint as it applies to my documentary. Another issue covered states that: ''All guidance documents are aimed at statutory public bodies however, it has resonance for the BBC in that they emphasis three areas of importance when working with children;   

• A child centred approach 
• It's everybody's responsibility to keep children safe
• Everyone who comes into contact with children has a role to play in identifying concerns, sharing information and taking prompt action 

Again, this will all apply to my documentary as there are young children featured and this means I have a responsibility to follow these legal constraints. 

BBC Producers' Guidelines

The BBC have many guidelines which they have to adhere to, theses include the guidelines set out for producers within the BBC.

Section 3 of the 'BBC Producer's Guidelines' outlines the requirements and expectations for ''accuracy'' in the BBC. Under this section are various aspects for which the BBC must adhere to, these include ; gathering material , finding contributors, advertising for contributors etc. I will be focusing on three, looking more closely into them.

The first one I will look at is ''identifying sources'', under this is written ''We should normally identify on air and online sources of information and significant contributors, as well as providing their credentials, so that our audiences can judge their status''. This means that the BBC, have to make sure that they correctly identify every source that appears in any programme of theirs, whether that is contributors in other terms interviews or online sources. 

There is also ''anonymous sources'' which is opposite to identifying sources, in the fact that the BBC also need to ensure that they keep some sources anonymous, and protecting their privacy from the public. Under this section of the report it says ''We must take care when we promise anonymity that we are in a position to honour it, including the need to resist a court order'' This means that the BBC must stay to their words, and not breach their promise of keeping some sources anonymous if they have expressed wanting to do so. 

Lastly, the BBC must also comply with making sure they correct mistakes when they occur. It is their duty to ensure that anything they put out there is accurate and correct for their viewers. The BBC have mentioned in this report that they must acknowledge any ''serious factual errors'' as ''inaccuracy may lead to a complaint of unfairness.