LEGAL AND ETHICAL CONSTRAINTS

Copyright, Designs and Patents Act 1988

The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts,
films and typographical arrangement of published editions, rights to control the ways in which their
material may be used.

The rights cover: broadcast and public performance, copying, adapting, issuing, renting and lending
copies to the public.

This is a CIVIL law not a CRIMINAL law.

This means it is not a criminal offence to break the law, which could result in a fine or jail sentence.

Instead, the person who owns the copyright has to sue the person they believe has broken the law.
The case is then heard in a civil court and if the person is found guilty of breaking copyright law then
they will have to pay damages to the owner of the copyright. The amount of damages is set by the
court.

 
Types of work protected
Literary  
Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters
and articles etc.
Dramatic  
Plays, dance etc.
Musical  
Recordings and score.
Artistic  
Photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
Typographical arrangement of published editions
Magazines, periodicals, etc.
Sound recording
May be recordings of other copyright works, e.g. musical and literary.
Film  
Video footage, films, broadcasts and cable programmes.
The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to
include computer programs.

Duration of copyright
For literary, dramatic, musical or artistic works: 70 years from the end of the calendar year in which
the last remaining author of the work dies.
If the author is unknown, copyright will last for 70 years from end of the calendar year in which the
work was created, although if it is made available to the public during that time, by publication,
authorised performance, broadcast, exhibition etc, then the duration will be 70 years from the end
of the year that the work was first made available.
Sound Recordings: 50 years from the end of the calendar year in which the work was created or, if
the work is released within that time, 70 years from the end of the calendar year in which the work
was first released.
Films: 70 years from the end of the calendar year in which the last principal director, author or
composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made
available to the public in that time, 70 years from the end of the year the film was first made
available.
Typographical arrangement of published editions: 25 years from the end of the calendar year in
which the work was first published.
Broadcasts and cable programmes: 50 years from the end of the calendar year in which the
broadcast was made.

APPLICATION

I will make sure I do not break this law by not copyrighting any music for my radio adverts and if I do
use an artist's music I will give credits and ask for their permission to use it.

Equality Act 2010

This law legally protects people from discrimination in the workplace and in wider society.
It is against the law to discriminate against anyone because of:
⮚ Age

⮚ Being or becoming a transsexual person

⮚ Being married or in a civil partnership

⮚ Being pregnant or on maternity leave

⮚ Disability

⮚ Race including colour, nationality, ethnic or national origin

⮚ Religion/belief or lack of religion/belief

⮚ Sex

⮚ Sexual orientation

This is a CRIMINAL law.

Therefore anyone who is considered to be breaking the law could be arrested. It would result in a
criminal trial which if found guilty could result in a fine or jail sentence.

APPLICATION

I will make sure I do not break this law and will not discriminate against any different groups in my
radio adverts or on my radio show . For example I will not discriminate against people who share
different beliefs and religions, others sexuality and genders.

Intellectual property
What intellectual property is
Having the right type of intellectual property protection helps you to stop people stealing or copying:
 ⮚ the names of your products or brands

⮚ your inventions

⮚ the design or look of your products

⮚ things you write, make or produce

Copyright, patents, designs and trade marks are all types of intellectual property protection. You get
some types of protection automatically, others you have to apply for.

You own intellectual property if you:

⮚ created it (and it meets the requirements for copyright, a patent or a design

⮚ bought intellectual property rights from the creator or a previous owner

⮚ have a brand that could be a trade mark e.g. a well known product name

If you believe anyone has stolen or copied your property you would sue them in civil court.

Types of protection
The type of protection you can get depends on what you’ve created. You get some types of
protection automatically, others you have to apply for.

Automatic protection

Protection you have to apply for

Type of protection Examples of intellectual property Time to allow for application
Trade marks Product names, logos, jingles 4 months
Appearance of a product including, shape,
Registered designs 1 month
packaging, patterns, colours, decoration
Inventions and products, eg machines and
Patents Around 5 years
machine parts, tools, medicines

APPLICATION

I will not steal anyone else's work as I am creating my own advertisements for the radio show.

Obscene Publications Act 1959

For the purposes of this Act an article shall be deemed to be obscene if its effect or (where the
article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole,
such as to tend to deprave and corrupt persons who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained or embodied in it.

In this Act ‘article’ means any description of an article containing or embodying matter to be read or
looked at or both, any sound record and any film or other record of a picture or pictures.
This is a criminal law.

APPLICATION

There will be no use of foul language or commentaries in my radio advertisements or on my radio

show as this would go against the Obscene Publications Act 1959.

Trespass
This is a civil law.
Trespass to land consists of any unjustifiable intrusion by a person upon the land in possession of
another.
Civil trespass is actionable in the courts.

APPLICATION

I will not record any radio adverts on others property without their permission. I will not be breaking
this law as I will be recording the advertisements and radio show in college where I have been given
the permission to.

Privacy
The introduction of the Human Rights Act 1998 incorporated into English law the European
Convention on Human Rights.

Article 8.1 of the ECHR provides an explicit right to respect for a private life:
Article 8 protects your right to respect for your private life, your family life, your home and your
correspondence (letters, telephone calls and emails, for example).
 
Privacy Law is a law which deals with the use of people’s personal information and making sure they
aren't intruded upon. These laws make sure people can't have their information wrongly used
without permission.

The effect this has on radio:

This means that they can't tell the listeners people’s full names or any private details they don't
want revealed. For example if a viewer calls in but they don't want their name to be revealed then
they can't say it.

Anyone who believes their right has been broken can make a civil claim in the courts against those
they believe have invaded their privacy.

When applying the legal principles the court will balance the claimant's right to privacy against the
right to freedom of expression.

If the claimant is proved to be correct this could result in an injunction banning publication of
information; damages; and return or destruction of the material gained from the intrusion.

APPLICATION

This law doesn't apply to the radio adverts because in the radio adverts we will be using fictional
characters therefore not offending other people. This matters in the radio show as we will not be
mentioning anyones surnames if they are on the show therefore this protects them.
Defamation Act 2013
This Act reformed defamation law on issues of the right to freedom of expression and the protection
of reputation. It also comprised a response to perceptions that the law as it stood was giving rise to
libel tourism and other inappropriate claims.

The Act changed existing criteria for a successful claim, by requiring claimants to show actual or
probable serious harm (which, in the case of for-profit bodies, is restricted to serious financial loss),
before suing for defamation in England or Wales.

It also enhanced existing defences, by introducing a defence for website operators hosting user-
generated content (provided they comply with a procedure to enable the complainant to resolve
disputes directly with the author of the material concerned or otherwise remove it), and introducing
new statutory defences of truth, honest opinion, and "publication on a matter of public interest“.

LIBEL
A written, published false statement that is damaging to a person's reputation.

SLANDER
Making a false spoken statement damaging to a person's reputation.

Defamation is a civil law and so you would need to sue someone who you believe has damaged your
reputation.

APPLICATION

Libel is a written and fake statement which could potentially cause damage to someone's reputation.
Slander however is a false spoken statement which can also lead to destroying someone's
reputation. In radio shows there is a possibility of slander as there could be a false statement spoken
on live which could lead to certain situations. In my radio show there will be no false statements
apart from real life facts.

Ethical Constraints
Rather than legal constraints, ethical issues are based on judgement. They are what society
considers as morally acceptable.

If something is seen as ethically wrong than it is first investigated to see if it is breaking any laws.
However, if it is not in violation of any of these laws then it comes under ethical issues.

This means that no law has been broken, however the public may see it as offensive or controversial.
Many ethical concerns are raised by groups of specific people. These groups may find the publication
offensive, due to how the minority are represented.

Ethical concerns which come into media production are things such as:
⮚ Protecting under 18s

⮚ Representation of age, gender, race, disability, sexuality and religion

⮚ Using off the record information

⮚ The power to influence public opinion

 ⮚ Interviewing vulnerable people or children

⮚ Anything that could cause offence or harm

⮚ Presenting an individual or their views as being representative of an entire group or people

⮚ Running premium rate phone lines

⮚ Using hidden microphones

⮚ Making a product which offends or insults a viewer/listener/user

⮚ Falsifying information

APPLICATION
If i were to add any of these in my radio show, i will lightly discuss a topic in which everyone can
relate to, i will be treating everyone fairly as everyone is considered to be the same. I will make sure
that all my advertisements fit with everyone so it can be equal and fair.

Ofcom-
Ofcom stands for Office Of Communications. Their role is to make sure people are able to use
communication services. Also they make sure a range of companies provide quality television and
radio programmes that appeal to diverse audiences.As they do this they also protect the audience
and viewers from anything harmful or offensive material.

APPLICATION-
This would apply to my radio show because the radio show would need to abide by the broadcasting
codes otherwise there's a possibility that ofcom will intervene. If Ofcom were to intervene if the
radio show did not abide by the broadcasting codes there is the possibility that the radio show could
get taken down as it does not follow the Ofcom broadcasting codes.

ASA-
The ASA stands for Advertising Standards Authority is the regulatory body organisation for the
advertising industry in the UK. The ASA is a non statutory organisation therefore meaning they are
unable to interpret or enforce legislation.

● We respond to concerns and complaints from consumers and businesses and take action to
ban ads which are misleading, harmful, offensive or irresponsible. As well as responding to
complaints we monitor ads to check they’re following the rules. We also conduct research
to test public opinion and identify where we need to take action to protect consumers.
● We've been administering the non-broadcast Advertising Code for over 50 years and the
broadcast Advertising Code for over ten. Our remit was further extended in 2011 to include
claims made by companies on their own websites and in social media spaces under their
control.

APPLICATION
This is important because we would need to be wary of the information and content we add into our
own advertisements as they all need to be truthful and honest. All advertisements need to have the
correct information because if they don't this can mislead people in the wrong information for
advertisements. If the advertisements were not truthful this could hurt the radio show as it would be
known for advertising false information.