COLÁISTE NA SAOIRSÍ
LIBERTIES COLLEGE
BTEC EDEXCEL Higher National Diploma in Media
Unit 49: Work Experience in the Media Industries LEGAL AND ETHICAL CONSIDERATIONS SUMMARY To successfully complete your work experience file, one of the requirements of learning outcome two is that you can '...identify and record on any applicable legal and ethical considerations...' of your work experience. This relates to the Contracts information and Programme Production Guidelines included in the project deliverables. All production companies, broadcasters or freelancers in the industry work under certain conditions of employment - these can be simply legal (how we are employed in this industry, employment contracts, freelance conditions, union membership etc) or legal and ethical (to do with programme making guidelines appertaining to taste, decency, libel, copyright, clearances, issues of fairness, impartiality and balance etc etc) - in completing your Work experience file, I want each of you to produce a short LEGAL AND ETHICAL CONSIDERATIONS SUMMARY (200-300 words) outlining the legal and ethical considerations that are specifically relevant to your work experience. You should detail your understanding of the conditions of employment under the following headings: RADIO AND TV PRODUCTION PLACEMENTS: (THOSE ON PLACEMENT WITH TV3, RTE, NEWSTALK, ANY LOCAL OR COMMUNITY RADIO STATIONS, INDEPENDENT PRODUCTION COMPANIES ETC) Contracts - how are people employed by your company/station/broadcaster? (Most people are employed on a freelance basis on short term contracts) How are contributors contracted and cleared legally for participating in programmes? How do freelance employee’s pay tax, PRSI, get coverage when sick, secure pensions and holiday pay etc. Get a picture here of how freelancers operate in the world of work.
(NOTE: If undertaking Corporate production rather than Work placement, explain how freelancesr are employed for work on corporate productions and what their union situation is and summarise accordingly. Many of the questions above remain relevant). Programme production Guidelines – all radio and TV stations operate under programme making guidelines issued by the BAI (Broadcasting Authority of Ireland) and/or are bound by RTE's producer guidelines - this gives them all a set of rules that they have to adhere to so they're in compliance with legal and ethical considerations when making their programmes. Independent production companies producing work for a broadcaster are bound by the same set of programme making guidelines of that broadcaster i.e. games shows etc produced by companies outside RTE are still bound by RTE's producer guidelines and the BAI guidelines in general. So, what are they for your company/station/broadcaster and the show(s) you're working on? Ask about: (1)
(2)
guidelines related to news coverage or talk shows etc e.g. issues of libel, slander, impartiality and balance, matters of public taste and decency; representation of race, gender, religion etc. copyright clearances for people and materials used (music, contributors etc).
You can find this information out by asking a producer/researcher/your work exp supervisor to explain to you how guidelines apply to their programme and by going to the BAI or RTE website, downloading the guidelines and selecting the one’s relevant to your placement (include copies of those in your file). EDITORS, SOUND OPS OR CAMERAMEN PLACEMENTS: For those working with cameramen or editors working on programmes for broadcast (documentaries, news, sport etc) - you will need to find out how a cameraman or editor is bound by Programme making guidelines when working on stories - this will come from discussions with them and asking about: (1)
Issues of slander, impartiality and balance, being honest and fair to contributors etc in filming and editing stories
(e.g. not editing people out of context to give an unreal spin on a story). (2)
What restrictions are there on what can be filmed/edited and how it can be filmed/edited etc.
If your placement is with a Facilities House producing NonBroadcast Programmes for clients, talk to your work experience supervisor and /or editor about whether the editing of programmes is bound by any programme making guidelines or codes of practice: Ask about: (1)
(2)
guidelines related to libel, slander, impartiality and balance, matters of public taste and decency, representation of race, gender, religion etc in editing the programmes – do they apply and how? copyright clearances for people and materials used (music, contributors etc) –what are they and how do they apply?
FILM PLACEMENTS: To produce a ‘LEGAL AND ETHICAL REQUIREMENTS’ SUMMARY for working on a independent short film or feature think about the following: Contracts - how are people employed by the production company? (Most people are employed on a freelance basis on short term contracts) How do people pay tax, PRSI, get coverage when sick, secure pensions and holiday pay etc. Get a picture here of how freelancers operate in the world of work. Unions - what unions can freelance workers join? Are there any union guidelines governing their employment if they do? How do you join a union? You can find this info out by discussing this with your work exp supervisor and by approaching SIPTU and getting details about this from them. Programme production Guidelines – all production companies producing short films for broadcast or hoping to get a TV airing operate under programme making guidelines issued by the BAI(Broadcasting Authority of Ireland) and/or are bound by RTE's producer guidelines - this gives them all a set of rules that they have to adhere to so they're in compliance with legal and ethical considerations when making their programmes. So, what are they for your film company?
Ask about: (1) (2)
guidelines related to matters of public taste and decency; representation of race, gender, religion etc. copyright clearances for people and materials used (music, contributors etc).
If you’re working on a feature or indeed a short intended for cinema release, then the Irish Film Censors office will have guidelines determining the rating of a film – what impact does this have on the production of a film? A GENERAL NOTE ON EXPLAINING YOUR FINDINGS: The simplest way to illustrate all of these are to cite examples that show your understanding e.g. copyright for music is cleared thru’s the mechanical Copyright Protection Society (MCPS) by making returns indicating what music has been used and then they receive an invoice from the society for payment OR not being able to film or use a contribution from an interviewee who’s talking about a court case that’s pending as it might prejudice the case. This is called Sub Judice. COMPLETING YOUR SUMMARY Your summary should cover all the above listed headings relevant to your placement and include copies of any research documentation (e.g. RTE Producers guidelines, SIPTU application form etc) used to compile it. It should show an awareness of the items listed but does not need to be an analysis of said - the aim is to 'identify and record' this information. But remember: it is vital that you find out and identify these legal and ethical guidelines to ensure you’ve met learning outcome 2 of this unit. (NOTE: If undertaking Corporate production rather than Work placement, you must identify what legal and ethical standard apply to your programme and what Programme production guidelines would be relevant to your Corporate programme). John F.