Friday, 17 March 2023

D1 Legal and Ethical Constraints within my Campaign

Regulatory bodies:

The ASA is responsible for regulation of all advertisements in the UK. Their main policy is that advertisements should be accurate, legal, truthful, honest and socially responsible. They regulate based on the BCAP codes for broadcasting (TV and radio) and CAP codes for any other types of media such as print and online advertising. These codes are then used by Clearcast who decide whether it is appropriate for broadcasting. 

In order to comply with the ASA's rules, I have ensured that my campaign is accurate and responsible. The content within each component is not misleading as it is taken directly from the show and they are based around the genre and themes in the series. In the TV trailer, there are scenes such as a shot of a knife which may be considered not socially responsible, however this is part of the overall narrative and in context it isn't shown in a positive light so this doesn't encourage violent behaviour. 

I have complied with CAP codes (applicable to my poster and social media advertising) as well as the BCAP codes (applicable to the TV and radio trailers) by following the rules outlined, for example surrounding offence and misleading content. The TV trailer is based around scenes from episodes of the show meaning it is truthful, and I have avoided any violent or harmful content. Similarly with the radio trailer the dialogue and sound effects relate to the show itself and it is appropriate for any audience. The poster is simplistic by nature and it doesn't include anything that could breach the CAP codes. The character included is the protagonist from the show, meaning it is honest, and other elements hint towards themes of the show. There is nothing that could potentially harm the audience. The social media posts are taken directly from other components (TV trailer and poster) meaning that they comply with the same regulations.


OFCOM shares the responsibility with the ASA when it comes to broadcast advertising, following the 2003 Communications Act. Their regulations for what can be shown is equally applied to advertisements alongside the ASA's codes. They ensure that any advertisement used on TV or radio is appropriate for potential audiences. They also regulate how much a particular product can be advertised in order to maintain the quality of viewing.

To comply with OFCOM's regulations, my TV and radio trailers will be appropriate for both the target audience and younger audiences. Due to it being a crime drama, some aspects of my show may be considered too violent or offensive for younger audiences. Therefore I have only included elements that are appropriate and not harmful. For example, instead of explicitly including a crime scene or acts of violence, I have hinted towards them. This fits within OFCOM's regulations because it doesn't encourage any negative behaviour. Furthermore, the radio trailer is made up of sound effects which imply something bad could be happening but it isn't explicit, meaning the audience won't be offended as they can choose to interpret it in their own way. 


The Consumer Protections from Unfair Trading Regulations, introduced in 2008, is another set of requirements which advertisers must follow. It states that advertisements cannot use false or deceptive messages, leave out important information or use aggressive sale techniques. Their requirements cover food, alcohol, beauty products, environmentally friendly products, medicines and tobacco. It is considered a criminal offence to breach these rules, according to the UK government website the punishment can be a fine or in some cases imprisonment for up to 2 years. 

Across my campaign, I have followed the rules of the Consumer Protections act by being truthful and not aggressive in my techniques. The characters, content and information included in each component is related to/from my show which means it isn't misleading for the audience. In addition, the advertising methods aren't aggressive, they are designed to catch the audience's attention but not bombard them with information or force them to do anything. For example, the tagline "don't keep it inside" is used across the campaign in order to encourage the audience to start a discussion. This is not aggressive as it is there to help those who want it rather than forcing it upon everyone. 


The BBFC regulate what age groups can watch specific media. This can also apply to advertising because their rules can be used to ensure any vulnerable audiences are protected. The audience who watch the product being advertised is separate from those watching the advertisement as it is typically broadcasted to a much wider audience, meaning that this needs to be taken into consideration when producing adverts for higher age rated shows. 

The show itself is age rated 15 as it will be shown on BBC3. However, the campaign will be shown across other platforms such as BBC1, radio stations and the poster will be in public spaces. Therefore, the age rating for the advertising campaign itself will be PG due to the fact it is unlikely to be seen by very young children but still needs to be appropriate for wider audiences. For this reason, certain elements need to be considered before being used.

The BBFC states that PG content cannot include any dangerous behaviour that could inspire the audience to copy it. As previously stated, I have avoided explicitly showing any violence or negative behaviour, by implying such themes it won't encourage the audience to copy. They mention there should be no glorification of weapons such as knives, whilst I have included a knife in one scene, it is in context with the rest of the TV trailer and it isn't shown in a positive light. Other themes that the BBFC mention includes discrimination, drugs and inappropriate language, I have not included anything related to these topics meaning my campaign will comply with the BBFC's regulations. 


Legal and Ethical considerations:

I have maintained copyright laws when using content that doesn't belong to me. Across the campaign, any content that is someone else's intellectual property has been referenced in an asset table to give full credit. For the TV trailer, I used some shots from various websites which therefore belong to other creators as well as sound effects. I have highlighted any potential legal issues within the asset table, for example the shot used of a crime scene requires me to credit the owner to use. For both the radio and TV trailer I used a song by Billy Joel, meaning I would have to pay master use royalties to Colombia Records as they own rights to the song. In the poster and social  media posts I have used the BBC3 and BBC iPlayer logos, as they are the client for this project I would have their permission to use these. 

Another legal aspect of advertising is ensuring the permission of anyone involved and for any locations. In order to comply with this, I gained written permission from the actors involved in the trailer. I have ensured not to include anyone else as that puts me at risk of legal issues if they feel unfairly treated. As I filmed primarily in a house, I gained permission from the house owner to be able to use it appropriately. By doing this I made a commitment to be respectful towards the location which I feel I did. I also carried out a risk assessment before filming to protect both the location and actors involved which is a vital stage in avoiding legal issues. 

A key ethical consideration in this advertising campaign is representation and avoiding slander/libel. This means that anything represented within the campaign must be fair and not offensive. Slander and libel means damaging someone or a groups representation in an unfair way. To avoid this, I haven't included anything that could be seen as offensive towards anyone. The only actor involved in the campaign is the protagonist, featuring in the poster and TV trailer. I haven't included anything that would portray this character in a negative light because this could be seen as offensive towards people who may relate to that character as well as the actor playing them. The police play a key role in the show, I have chosen not to include any police officers in the trailer as to not offend real life officers or to portray them unfairly. 




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P2 Ideas for Campaign

Mind Map: I have created a mind map to illustrate some potential ideas for each component in this campaign.