OK, to begin with you need to plan and answer the following question. Try to keep to the 1 hour exam time.
Select one of the questions:
Task 1
How effectively can contemporary media be regulated?
How far do changes to the regulation of media reflect broader social changes?
Plan and write this essay in 1 hour and then email your essay to me by the end of Wednesday.
Cautionary Note: If I don't get your essay your will be re-writing your essay on the first Wednesday back in the naughty corner, as in staying on Wednesday.
Task 2
Write 1-3 questions that could come up on the exam paper. Remember to be as broad as possible with the question. We can then use the questions as preparation for the exam.,
Email me your exam style questions by Friday 30th. I will then collate/modify your questions for revision net term.
Cautionary Note: If I do not have at least one question from you by Friday you will be in the naughty corner and staying on Wednesday.
Tuesday, 27 March 2012
Wednesday, 21 March 2012
Super Injunctions
Celebrities attempted to stop any stories reaching the public with the use of super injunctions. What quickly became apparent was that the age old practice of gagging the press was now futile in a world where digital communications and social networks were allowing both the foolish and the brave amongst the general public to ignore any legal restrictions and say whatever they wanted.
Love cheat Giggs' damages claim thrown out of court
Last Updated: 03rd March 2012
THE Sun won a battle for press freedom yesterday as a privacy case brought by Ryan Giggs over his affair with Imogen Thomas was thrown out of court.
The ruling — hailed by legal experts as a "spectacular victory for The Sun" — brought to an end our 11-month legal battle with the Man United love rat.
Mr Justice Tugendhat said at the High Court in London: "It cannot be said that the claim for damages could give rise to any significant award."
He added there was "no purpose" in allowing the case to continue.
We reported last April that ex-Miss Wales and Big Brother beauty Imogen, 28, was having a fling with a married Premier League star.
But we were gagged by a court order from identifying him. Welsh winger Giggs, 38, blew a fortune trying to kill off the story — but it backfired spectacularly.
The millionaire star, known in court only as CTB until last month, was soon named and shamed by millions of people on Twitter.
Then last May, Lib Dem MP John Hemming used parliamentary privilege to name Giggs in the Commons.
The player's privacy case claimed The Sun "misused" private information — and demanded damages for distress over RE-PUBLICATION of information in other newspapers and on the internet.
Our barrister Richard Spearman QC said the article did not identify Giggs.
We had behaved "properly" and were not responsible for him being identified elsewhere.
The judge said the case was "notorious".
He went on: "There can be few people in England and Wales who have not heard of this. The initials CTB have been chanted at football matches when Mr Giggs has been playing."
Media lawyer Mark Stephens "This was a spectacular victory for honest, decent and appropriate reporting.
"The Sun, through diligent reporting and excellent reporting, has put a stake through the heart of the super-injunction. Ryan Giggs has done a public service by making clear superinjunctions are not the way forward."
Christopher Jefferies
I have searched through the PCC records and cannot find any complaints from Christopher Jefferies. As this was such a high profile case the usual PCC decision of an apology was probably not deemed sufficient.
What does this say about the power of the PCC?
He has sued eight newspapers for libel - Can you remember what libel is? Explain it in your own words, in relation to Christopher Jefferies.
What does this say about the power of the PCC?
He has sued eight newspapers for libel - Can you remember what libel is? Explain it in your own words, in relation to Christopher Jefferies.
Jefferies describes vilification
Chris Jefferies said he was made out to be a 'dark, macabre, sinister villain' following Joanna Yeates' death
Christopher Jefferies, the man wrongly arrested by police in the hunt for the murderer of Joanna Yeates, has given a graphic account of how he was vilified by the press.
The retired teacher, who was Miss Yeates's landlord, was libelled by eight newspapers following his arrest on suspicion of her murder.
Police later exonerated Mr Jefferies and he then successfully sued eight newspapers for libel. Two national newspapers, The Sun and The Mirror, were prosecuted for contempt of court for their reporting of the episode.
The former Clifton College teacher described how some of the newspapers painted him as a "dark, macabre, sinister villain" having mistakenly believed that because he had been arrested on suspicion of murder he must be the killer.
Mr Jefferies said: "The press seemed determined to believe both that the person who had been arrested was the genuine murderer and to portray me in as dark and lurid a light as possible.
"Lo and behold you don't just have a sexual predator but you have a bisexual predator and all sorts of fantastic rumours were latched on to that I would hold pupils' hands while reading poetry, obviously with sinister sexual motives.
"To complete the character assassination it was alleged that I was fascinated by death because I happened to have shown on a couple of occasions a particularly important documentary about the liberation of Auschwitz.
"Here you have me, this dark, macabre, sinister villain. And that certainly wasn't the whole of it."
Mr Jefferies was speaking at the Benn Debate, organised by the Bristol branch of the National Union of Journalists in conjunction with the Bristol Festival of Ideas and two charities, MediaAct and MediaWise. Donnacha DeLong, president of the National Union of Journalists, chaired the event.
Mr Jefferies, who has twice appeared before the Leveson Inquiry into press standards, is currently taking legal action against Avon and Somerset Police for wrongful arrest.
Wednesday, 14 March 2012
The Campaign for Press and Broadcasting Freedom
Home page for the CPBF
The PCC is closing down. Will anyone notice?
Tim Gopsill
DATELINE: 9/3/12
The Press Complaints Commission has announced it is to close. It had to do so with something of a fanfare because no-one would otherwise have noticed and in any case nothing has changed. The organisation will carry on dispensing its feeble gestures at "self-regulation" until something else comes along.
In other words it is just another unconvincing exercise in rebranding. Every time over the last 20 years that some crisis has exposed the PCC's failings it has announced some footling reforms – tinkering with its Code of Practice, conducting a perfunctory investigation or a bogus internal review, appointing a fresh Tory peer as its chair ....The announcement demonstrates that it has not overcome its biggest problem, which is that it believes its own lies.
The PCC was constructed on a lie – that it was the only alternative to the evil of state control of the press. For years the press and politicians colluded in the fiction that a draconian privacy law was hanging over their heads, while in truth no government would ever have summoned the courage to put any kind of restrictions on the Big Media owners.
For all the while political leaders of all parties were kowtowing to them in the most embarrassing way – not just to Murdoch but to all of them.
The PCC's favourite lie has been that that under its firm tutelage the national press was "cleaning up its act" and the excesses of intrusion, harassment and misrepresentation were all in the past. Whether anyone believed it or not was not the point: what mattered was the message. From its inception the PCC was a public relations excise, and that they got away with it for 21 years might be regarded as something of an achievement.
In truth, the PCC made press standards worse. Its function was to construct a barrier between editors and the readers, which served to protect them from public ire. This allowed editors to behave less responsibly without worrying about the consequences.
Complainers did not have to be appeased or reasoned with. The PCC would look after that and twist their arms to take whatever measly recompense they recommended as the best they could hope to get.
Now the editors, owners and their PRs in the PCC are engaged in a rearguard damage limitation exercise to create a new brand that retains these essential characteristics of the old – just as they did in 1991.
Then they wound up the old Press Council (PC) under the threat of a statutory intervention from the Calcutt inquiry and produced the PCC as if from a hat. The politicians were satisfied – despite the fact that the PC was actually more effective than the successor.
They have become so good at this game that they will certainly come up with something sufficiently tough-looking to convince the gullible.
The question then will be whether politicians and public fall for it. It is hoped that the post-News of the World climate will be too frosty for a new fake to flourish, but that can't be certain.
To a large extent it depends on what Lord Justice Leveson recommends. It also depends on campaigners like the CPBF to keep up the pressure and stiffen the public resolve for media justice.
(Source The Campaign for Press and Broadcasting Freedom)
The Sun has eroded British justice, fairness and freedom: now it is feeling the effects
PCC to Close
Press Complaints Commission to close before Leveson report
The Press Complaints Commission (PCC) has confirmed it is to close before Lord Justice Leveson produces his report into press standards.
The commission has been widely criticised for its handling of the phone-hacking scandal.
The fast-track closure was agreed by members of the commission at a meeting on Wednesday.
The commission will be replaced by a transitional body until a new system of press regulation is established.
Due to criticism the PCC is closing.
Tuesday, 13 March 2012
Breaking News
Rebecca Brooks and five others arrested
Police have arrested six people, as part of Operation Weeting, on suspicion of conspiracy to pervert the course of justice. This is a more serious allegation than the previous arrest for Rebecca Brooks.
Rebekah Brooks has been arrested for a second time in the Operation Weeting investigation
Police have arrested six people, as part of Operation Weeting, on suspicion of conspiracy to pervert the course of justice. This is a more serious allegation than the previous arrest for Rebecca Brooks.
Phone hacking: Rebekah Brooks arrested in Weeting probe
Five men were also detained, including Mrs Brooks' husband, Charlie. The couple and three men were released on bail, but one man remains in custody.
Rebekah Brooks has been arrested for a second time in the Operation Weeting investigation
Phone-hacking scandal
Sunday, 11 March 2012
BBFC - The 1980's
The decade started in dramatic fashion for the BBFC with the submission of Tinto Brass' Caligula. The film has respectable antecedents, being based on The Lives of the Twelve 
Caesars by Suetonius, and a screenplay by Gore Vidal. Original producer Franco Rossellini approached Penthouse mogul Bob Guccione for financial support. Tinto Brass was hired as director. The stars were familiar and respected names - Sir John Guilgud, Peter O'Toole, Helen Mirren. Problems occured after shooting, with Brass being fired and Vidal protesting that his screen play bore little relationship to what was on screen. He dissociated himself from the film and attempted to have his name removed from the credits. Guccione then added some material of his own, some of it hard-core pornography.
Caesars by Suetonius, and a screenplay by Gore Vidal. Original producer Franco Rossellini approached Penthouse mogul Bob Guccione for financial support. Tinto Brass was hired as director. The stars were familiar and respected names - Sir John Guilgud, Peter O'Toole, Helen Mirren. Problems occured after shooting, with Brass being fired and Vidal protesting that his screen play bore little relationship to what was on screen. He dissociated himself from the film and attempted to have his name removed from the credits. Guccione then added some material of his own, some of it hard-core pornography.The film achieved notoreity in the USA and arrived in the UK with the reputation of being 'the most controversial film of the eighties'. It was seized by Customs and Excise officials when it came into the UK and then seen by the BBFC together with lawyers and Customs officials so that any footage that was in danger of breaching UK laws could be removed. At this stage all sexually explicit material was removed in order to conform with Customs regulations (specifically the Customs Act 1876), and further cuts made to material which was potentially actionable under the Obscene Publications Act - the later including sexually violent material.
The cut film was then viewed again by the Board, who had already indicated that further cuts to sex and violence would be necessary in order to secure a nation-wide release under BBFC 'X' category standards. Some innocuous material was added to restore some dialogue which had been lost when the cuts were made.
After six months the film was finally released in the UK with an 'X' certificate, and while the
majority of local authorities were content with the certificate, it was banned in some areas. Inevitably, there was some orchestrated protest from concerned citizens who had not seen the film, but because the Board had taken every precaution to ensure that the classification was within the law, the fuss died down. The video was classified '18' when it was submitted in 1990 in a greatly reduced version, having been cut by a further 50 minutes by its distributors in addition to the cuts made for cinema release. In 2008, three versions of the work were submitted for classification, including the original version. All were passed '18' uncut after lengthy consideration.
majority of local authorities were content with the certificate, it was banned in some areas. Inevitably, there was some orchestrated protest from concerned citizens who had not seen the film, but because the Board had taken every precaution to ensure that the classification was within the law, the fuss died down. The video was classified '18' when it was submitted in 1990 in a greatly reduced version, having been cut by a further 50 minutes by its distributors in addition to the cuts made for cinema release. In 2008, three versions of the work were submitted for classification, including the original version. All were passed '18' uncut after lengthy consideration.Throughout the decade there were a number of films involving gangland characters. 1981 saw the release of Tom Clegg's McVicar, a criminal biopic passed 'X'; and John Mackenzie's
The Long Good Friday, the story of a criminal determined to preserve his manor against incursions by the IRA, also passed 'X'. This has remained '18' on video since 1987, with the most recent classification in 2008. Neil Jordan's Mona Lisa, was passed '18' in 1986, with Bob Hoskins playing the role of chauffeur to a prostitute. David Green's Buster, passed '15' in 1988, told the story of Great Train Robber 'Buster' Edwards on the run from the law. The decade concluded with Peter Medak's tale of infamous twin gangland figures, The Krays, passed '18', after cuts to an horrific mutilation scene.
The Long Good Friday, the story of a criminal determined to preserve his manor against incursions by the IRA, also passed 'X'. This has remained '18' on video since 1987, with the most recent classification in 2008. Neil Jordan's Mona Lisa, was passed '18' in 1986, with Bob Hoskins playing the role of chauffeur to a prostitute. David Green's Buster, passed '15' in 1988, told the story of Great Train Robber 'Buster' Edwards on the run from the law. The decade concluded with Peter Medak's tale of infamous twin gangland figures, The Krays, passed '18', after cuts to an horrific mutilation scene.
Another film based on real-life was Michael Caton-Jones' Scandal, an account of the Profumo affair, a political scandal of the 1960s. Although for some the events were considered too recent for comfort, the problem for the BBFC was of a different kind. An orgy scene revealed the presence of an erect penis in the backgound of the shot. The image was obscured by soft-focus lighting and the film released with an '18' certificate.The first of the Rambo series, First Blood (Ted Kotcheff), was passed '15' uncut in 1982, and the second, George Pan Cosmatos' Rambo - First Blood Part II was passed '15' uncut in 1985. However,Rambo III was cut in 1988 to obtain an '18' certificate. In addition to a horse-fall removed under the terms of the Cinematograph Films (Animals) Act 1937, the violence was reduced by the excision of spatter shots, and cuts were made to counteract the glamorisation of weapons which constituted a significant classification issue.
Paul Verhoeven's film Robocop was passed '18' without cuts in 1987, and the same on video a year later. The 2001 video version was submitted with additional material that had been removed by the MPAA before the film was submitted in the UK. However, the Conan films did not have the same easy passage. John Milius' Conan The Barbarianrequired cuts to a sex scene between Conan and a serpent-woman, and to remove horse-falls, for an 'AA' category in 1982. The second Conan film, Richard Fleischer's Conan The Destroyer also required horse-fall and animal cruelty cuts in 1984.
The decade also saw the establishment of the 'stalk and slash' genre with the Friday 13thseries of films, with parts I and II passed 'X' uncut on film in 1980 and 1981 respectively. Part III was also passed 'X' uncut on film in 1982, but with two cuts to violence/horror to obtain an '18' on video in 1987.1981 saw the second in the Halloween series passed 'X' uncut on film, but a scene where a woman was scalded to death in a jacuzzi was reduced for an '18' video release in 1990. The cuts have since been restored.
The development of the video recorder created new anxieties about the home viewing of feature films. Legally, there was no requirement that videos should be classified, which meant that films that had not been approved by the BBFC or which were suitable for adults only, were falling into the hands of children. In particular the tabloid press led a campaign against so called 'video nasties'. This term was not always clearly defined, but there were 70 titles that had either been prosecuted by the DPP under the Obscene Publications Act, or were awaiting prosecution. Some of these were horror films that had never been submitted to the BBFC. Others had been cut for their cinema release, and the video versions sometimes included restored cuts. The outcome of this concern was new legislation, introduced as a private member’s Bill by Conservative MP, Graham Bright. The Video Recordings Act 1984, makes it an offence for a video work to be supplied if it has not been classified, or to supply a classified work to a person under the age specified in the certificate. The Board was designated as the authority with responsibility for classification in 1985, with a consequent increase in staff to deal with a massively increased workload consisting of a backlog of titles already on the market and all new titles (eg in 1986 the Board classified 348 cinema films and 4464 videos works).
No record of the decade of the so-called 'video nasties' would be complete without mention of Sam Raimi's zombie film, The Evil Dead. This was submitted in 1982 and required 49 seconds of cuts to violence and horror. The video was placed on the Director of Public Prosecution's (DPP) list and seized, with a number of retailers charged under the Obscene Publications Act - although the work was never tested in court as the retailers pleaded guilty. In 1985 the distributor, Palace Video, was prosecuted and acquitted. The film cuts were increased for the video version in 1990 as a precautionary measure against possible future prosecution, but in 2000 the full version was passed '18' on video.
Abel Ferrara's The Driller Killer was viewed for information in the early 80s, but not formally submitted until 1999 in a version pre-cut by the distributor by some 54 seconds, acting on advice from the Board's departing Director, James Ferman. The cuts were suggested because the film had collected various OPA convictions. The full version was submitted on video in 2002 and passed '18' without cuts.
The House On The Edge Of The Park (Ruggero Deodato) was rejected by the Board in 1981 for serious violations of the sexual violence standards. It subsequently appeared on the DPP list and was the subject of successful prosecutions under the OPA. It was formally submitted on video for the first time in 2001 and cut for '18'. Most of the cuts were made for sexual violence under the BBFC's Guidelines.When former 'video nasties' like those above are submitted to the Board, they are examined under current Guidelines, and their legal history considered. It is usually possible to make cuts to ensure a modern release, although many of them continue to test the Guidelines for sexual violence.
1982 - Review of the category system
In 1982 'A' was changed to 'PG', 'AA' was changed to '15' and 'X' became '18'. A new category 'R18' was introduced which permitted more explicit sex films to be shown in members-only clubs. Previously, such clubs had shown material unclassified by the BBFC, but a change in the law closed this loophole. Since the mid 1980s most 'R18' material is released on video, only available from a limited number of sex shops which must be specially licensed by local authorities.
Further changes to the category system in the 80s
In 1985, at the request of the industry, the 'Uc' was introduced for video only, to identify works specifically suitable for very young children to watch alone.
In 1989 the BBFC introduced the '12' certificate on film, to bridge the huge gap between 'PG' and '15'. This was extended to video in 1994. The first film to be given a '12' rating was Batman.Saturday, 10 March 2012
New problems for Murdoch
UK regulator monitoring BSkyB’s license in light of problems at Murdoch newspapers
By Associated Press, Published: March 9
LONDON — Britain’s communications regulator said Friday it is continuing to monitor allegations of phone hacking and bribery at Rupert Murdoch’s London newspapers to be sure that British Sky Broadcasting is a fit and proper holder of a broadcasting license.
Murdoch’s News Corp. is the largest shareholder in BSkyB with a 39 percent stake, and his son James Murdoch is BSkyB’s chairman.
The fit and proper test looks at the conduct of individuals who control and manage the company.
The issues potentially affect James Murdoch’s position as BSkyB chairman, and the regulator could force News Corp. to reduce its stake in BSkyB.
The continuing interest by regulator OFCOM was first reported in Friday’s edition of the Financial Times, which obtained minutes of meetings through a freedom of information request. The minutes disclosed that BSkyB was discussed in January and February as the subject of a monitoring project codenamed “Apple.”
“OFCOM has a duty under the Broadcasting Acts 1990 and 1996 to be satisfied that any person holding a broadcasting license is, and remains, fit and proper to do so,” the agency said.
“In relation to the hacking and corruption allegations, new evidence is still emerging from the various enquiries. OFCOM is continuing to assess the evidence — including the new and emerging evidence — that may assist it in discharging these duties.”
Justice Brian Leveson is leading an inquiry into practices of the British press, concentrating on phone hacking at the defunct Sunday tabloid News of the World, and on allegations of corrupt payments to public officials for information.
Last week, the police officer leading the corruption investigation said there appeared to be a culture of making illegal payments to corrupt public officials in return for stories at The Sun, Murdoch’s market-leading daily tabloid. The Sun launched a Sunday edition a couple of weeks ago, with Rupert Murdoch hoping to recoup at least some of the revenues shed by the loss of the News of the World.
Earlier this week James Murdoch resigned as chairman of News International, the News Corp. subsidiary which publishes The Sun, The Times and The Sunday Times.
OFCOM first announced its interest in whether BSkyB was fit and proper to hold a broadcast license last July, but said it was not conducting its own investigation of allegations. It also said it could make a decision on BSkyB’s fitness before the conclusion of any criminal proceedings.
“In considering whether any licensee remains a ‘fit and proper person’ to hold broadcasting licenses OFCOM will consider any relevant conduct of those who manage and control such a license,” the agency said last year in a letter to the chairman of the House of Commons Culture, Media and Sport Committee.
James Murdoch has denied that he had been told that phone hacking at the News of the World involved far more employees than the one reporter and an investigator who were jailed in 2007. Murdoch’s denials have been challenged by former executives of the paper.
In November, 19 percent of BSkyB shareholders who voted at the annual general meeting opposed James Murdoch’s re-election to the board. At News Corp.’s annual meeting in October, 35 percent of shareholders opposed his re-election as a director.
Wednesday, 7 March 2012
SBBFC Student Guide 2009-2010
This covers a lot of what we have already looked at, but it's all together in a handy document.
SBBFC Student Guide
You could copy the guide and then highlight the relevant parts.
SBBFC Student Guide
You could copy the guide and then highlight the relevant parts.
Monday, 5 March 2012
Public Response to controversial issues
When real life is echoed in films this often causes controversy. People feel that real life and the world of film are too closely linked and therefore the film is accused of having an impact on society.
After the murder of James Bulger there was public outcry that child so young could possibly commit such a crime. Initially the film 'Child's Play 3' was blamed for their behaviour, although this has since been refuted.
This case does however highlight the problem between censorship within the cinema and censorship at home.
There is strict censorship at the cinema, with the need to provide proof of age at the cinema.
However at home censorship is nearly impossible to police. Obviously the adults in any house can buy 18 films, however where these are stored in the house has huge implications for a younger and impressionable audience.
The concern of 'video nasties' reappeared in the 1990's following the murder of the toddler James Bulger by two juveniles. The case was related to the violent film 'Child's Play 3', which the offenders had previously watched. The case and the implications made against the film resulted in further regulations being enacted in 1994
Moral Panic
After the murder of James Bulger there was public outcry that child so young could possibly commit such a crime. Initially the film 'Child's Play 3' was blamed for their behaviour, although this has since been refuted.
This case does however highlight the problem between censorship within the cinema and censorship at home.
There is strict censorship at the cinema, with the need to provide proof of age at the cinema.
However at home censorship is nearly impossible to police. Obviously the adults in any house can buy 18 films, however where these are stored in the house has huge implications for a younger and impressionable audience.
The concern of 'video nasties' reappeared in the 1990's following the murder of the toddler James Bulger by two juveniles. The case was related to the violent film 'Child's Play 3', which the offenders had previously watched. The case and the implications made against the film resulted in further regulations being enacted in 1994
Moral Panic
Sunday, 4 March 2012
Audience Theories
You should now be able to explain each theory and relate each theory to the BBFC
Theory/Concept | Explanation | In relation to the BBFC |
Ideology (Marxism) | People who own the means of production also own the ideas of a society, which affects people who work for them and forces them to think that there is no alternative to their solution. | Prevents negative ideologies from reaching the public. ‘This is England ‘ (18) includes racism. Younger audiences may not be able to look at it objectively. |
Hypodermic needle/mass media (The Frankfurt School) | The audience are passive and believe everything they see and hear in the media. | Any reference to negative elements could influence people to copy U, PG, 12. |
Uses and Gratifications | The audience are more active and choose to receive media for several uses e.g. information or entertainment. | People have the ability to decide how to receive media. Controversial films only used for information or entertainment NOT identity. |
Imperialism | When a country forces its ideas on another country, pushing out any existing culture. | |
Two-Step Flow | The idea that the communication between media and an audience is not straightforward but involves mediators who can reinterpret the information. | Influence of BBFC examiners. |
Reception Theory (Stuart Hall) | The way each member of an audience receives a text depends on numerous things such as their cultural background and life experiences. | The things which may tap into a person’s experiences and cause a negative response are banned e.g instructions on how to kill yourself. |
The Political Economy of Mass Media (Noam Chomsky) | The media is used as a political weapon and is controlled by governing powers so that only certain information is given to the audience. | The BBFC would be under the control of the government and therefore not independent body. The views of the BBFC could change with each new government. |
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