Friday, 11 March 2016

Understanding the ethical and legal considerations when working in the creative media sector

Whats The Difference Between Ethics and Laws?

laws- are written, approved and enforced by a particular government. if you break the law you will be punished.
ethics- rules of conduct, responsibility not law, it is from their inner moral of the human consciousness and you will be judged on behalf of your peers.

Privacy Law

Privacy law is a regulation that protects a persons right to be left alone. people are allowed to lead Their lives without public scrutiny. The right to have your own privacy. The right to be left alone - harassment and data protection

Copyright and Intellectual property law

Intellectual property is something that is unique to you if physically created i.e. an idea is not your intellectual property but the words you write are. Copyright is a type of intellectual law that protects your work.

A famous copyright issue happened when James Cameron got accused of stealing someones work to design the city of Pandora in his hit film 'Avatar'. British Artist William Roger Dean claimed that James Cameron stole his artwork, remastered it and used it as his own.
The Hallelujah Mountains from James Cameron's <em>Avatar</em> compared to Roder Dean's <em>Floating Islands</em>.
The art on the left is the 'Hallelujah Islands' from the film Avatar and on the right is Mr. Roger's artwork.
In fairness to Mr.Roger the artwork is similar but Roger does not own the idea of floating islands. The idea of floating islands in works of fiction have been around for centuries.

Libel law

to publish or print something which is not true but may harm a persons reputation and may bring hate towards them. It must be a statement which claims to be fact and is not. Defamation of a certain person.

A huge example of the Libel law come to action is the Case between Lord McAlpine and Sally Bercow. Bercow implied on twitter that McAlpine is a peadophile. McAlpine said that this was Defamation and that Bercow is spreading lies about him to hurt his career. This went to court and Bercow was found guilty of defamation.

Why do we have acts?


  • To keep us safe  - ‘safeguarding’
  • To protect us and our work
  • To stop spreading damaging lies
  • To stop obscene acts of behavior
  • To guard the state

Official Secrets Act?

The Official Secrets Act is a term used in Hong Kong, India, Ireland, Malaysia, and the United Kingdom, and formerly in Canada and New Zealand for legislation that provides for the protection of state secrets and official information, mainly related to national security.

Richard Tomlinson is a former officer in MI6. When he got fired from his job he believed he was a subject to unjust dismissal. Because of this he wanted to take MI6 to court. MI6 refused claiming this would be a huge breach of security. Tomlinson was having none of it. In 1997 Tomlinson released a book detailing his career with MI6 to an Australian publisher. He served six months of a twelve-month sentence before being given parole, whereupon he left the country. The book called 'The Big Breach' and was published in Moscow in 2001 and was later published in Edinburgh aswell.

Obscene Publications Act

The Obscene Publications act is a law that forbids directors and publishers to publish works of fiction that the public may become corrupted by and attempt to recreate the works of fiction in real life.

A famous example of a film being caught in the obscene publications act is the film 'A Clockwork Orange'. A Critically acclaimed film now Clockwork orange was banned in over 20 countries at the time of its release because of its portrayal of gang violence and torture

Another example of this act was the film 'A Human Centipede'. The human centipede shows a scientist kidnapping people and stitching the victims head to another persons behind. The BBFC claimed that the film was "just too horrible to show". The BBFC however did go back on its decision and allowed the film to be shown but only after significant cuts were made to the film. Even after all of the cuts the film was still rated at an 18.