What is a regulatory body and what is a regulatory framework?
A regulatory body is a government agency created to oversee specific industries and practices, managing their systems according specific sets of rules and trends. They're set up to strengthen safety and standards, protecting the public from unethical business conduct.
Some of the duties of regulatory bodies consist of:
- Serving and protecting the public interest
- Establishing, monitoring and enforcing standards of practice to enhance the quality of practice
- Administering the affairs of the regulatory body and exercising its powers under the PGA (Professional Governance Act)
What is Ofcom, what does it do and what framework does it produce and follow?
Ofcom (Office of Communications) is the regulator for communication services such as TV, radio, mobiles and postal services. It is an independent organisation and is funded by the companies that it regulates. It has many functions, which includes providing a range of companies with quality TV and radio programmes that appeal to diverse audiences and protects viewers/listeners from harmful or offensive material. Any questionable content can be reported to them through their website and call centre, and they register all complaints from people and businesses.
Ofcom uses a framework called 'The Broadcasting Code'. It provides guidance and practices for broadcasters to follow so their content will be suitable for showing and appropriate for their target age range. It is highlighted that the context in which material appears is key for determining whether or not it's allowed, and it's the broadcasters responsibility to ensure they're complying with all sections of the Code. There are many sections within it, including: Protecting the under-eighteens, Harm and offence, Religion, Fairness and Privacy. As suggested by the first section, Ofcom are very intent on guarding the young people from potentially damaging material, with the rest dictating what is and isn't allowed to be broadcasted.
What is the ASA, what does it do and what framework does it produce and follow?
The ASA (Advertising Standards Authority) is an independent advertising regulator. They respond to concerns and complaints from consumers and businesses, banning ads that are misleading, harmful, offensive or irresponsible. Its sister organisation CAP (Committee of Advertising Practice) is responsible for writing the Advertising Codes.
'The Advertising Codes' are the frameworks the ASA follow, with two codes having been created for the different types of advertisements: the CAP Code (Code of Non-broadcast Advertising and Direct & Promotional Marketing) and the BCAP Code (Code of Broadcast Advertising). Non-broadcast advertising is marketing communications other than TV or radio adverts, such as websites, social media accounts, leaflets and catalogues. Like many regulatory frameworks, both Codes are split into multiple sections. The CAP Code consists of sections such as: Compliance, Harm and offence, 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 an independent regulator for newspapers and magazines, funded by the RFC (Regulatory Funding Company). They investigate complaints made about both printed and online material, and will make newspapers or magazines edit their work if they do not comply with the Editor's Code.
'The Editor's Code of Practice' is the framework IPSO follows. Every newspaper and magazine they regulate agree to follow the rules detailed in the Code, with the responsibility placed on the editors and publishers. There are 16 clauses, some of which include: Accuracy, Harassment, Children, Reporting of Crime, Discrimination and Confidential sources. Though the Code must be adhered to, IPSO also allows freedom of expression with certain subjects (e.g. politics), as long as it follows the set rules so complaints can't be made about IPSO restricting human rights.
What is the BBFC, what does it do and what framework does it produce and follow?
The BBFC (British Board of Film Classification) is an independent and self-financing organisation that provides ratings for films, TV shows and online videos so there's guidance for what content is appropriate for certain age groups. They aim to protect the public, especially children, from potentially harmful content and encourage people, primarily parents, to make informed viewing choices.
The BBFC's framework is their 'Classification Guidelines', which they follow when deciding on ratings. They have both general and specific classification considerations that they follow. In general terms, the BBFC looks at context, theme, tone and impact. These are particularly important when they are conflicted between two age ratings for a works. In specific terms, they consider aspects such as the danger of behaviour, discrimination, drugs, language and violence contained in a video. Following these guidelines, a video can then be given an age rating ranging from a U to an R18.
What is PEGI, what does it do and what framework does it produce and follow?
PEGI (Pan European Game Information) provides age classifications for video games ranging from a 3 to an 18, as well as providing content descriptors so people are aware of what unsuitable content is in a game (e.g. bad language, drugs, in-game purchases). Their main target audience is parents so they can make informed decisions regarding what games they should purchase their children.
Recently the method used to regulate games has changed as more games have become available to download online, so physical copies no longer need to be purchased. Both the older and newer methods involve publishers having to fill out questionnaires about a game's content, but the process is now much faster as they now receive immediate age ratings instead of having to go through multiple processes.
PEGI's regulatory framework is called 'The PEGI Code of Conduct'. All publishers using the PEGI system are contractually obligated to follow the rules within the Code. It is separated into 15 articles, covering important aspects such as Conditions for Online Gameplay Environments, and Advertising and Promotion.
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 barriers that may affect the growth of the creative industries such as access to finance, skills, regulation and intellectual property.
It is suggested that the CIC see regulation as an obstacle that's preventing the growth of the creative industries, perhaps because of the restrictions it puts on what these companies can and cannot create.
Websites used:
https://www.mytutor.co.uk/answers/8979/GCSE/Media-Studies/What-is-the-definition-and-an-example-of-a-regulatory-body/
https://en.wikipedia.org/wiki/Regulatory_agency
https://en.wikipedia.org/wiki/Regulation
https://professionalgovernancebc.ca/duties-of-regulatory-bodies/
https://www.mitcentre.com/blog/the-business-regulatory-framework/
https://www.ofcom.org.uk/
https://www.asa.org.uk/
https://www.ipso.co.uk/
https://www.bbfc.co.uk/
https://pegi.info/
https://www.thecreativeindustries.co.uk/
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