Tuesday, 4 May 2010

Update For Legalities

I have recently been looking more in-depth into the legalities for my documentary. In a previous post I put that sections 5 and 7 were both relevant.

Section 7 is still relevant because fairness to representation of individuals and organisations will play a major role. But this is also true in the facts that are used. For example if the documentary uses facts and figures from a secondary source it will require a faire opinion. Not one where you discredit the facts simply because they do not match with what you are saying. Facts must also be represented with an unbiased opinion and given a chance to stand.

Opportunity to contribute and proper consideration of facts
7.9 Before broadcasting a factual programme, including programmes examining
past events, broadcasters should take reasonable care to satisfy themselves that:
• material facts have not been presented, disregarded or omitted in a way
that is unfair to an individual or organisation; and
• anyone whose omission could be unfair to an individual or organisation
has been offered an opportunity to contribute.

Also after looking into section 5 it does seem less relevant because it mainly applies to news. Whilst the documentary may use news it will not fabricate or generate news as a medium. This is why I feel that section 5 is less relevant.

Instead I have found that section 8 of the ofcom broadcasting code is more relevant. This section focuses on privacy and is important. This is because a documentary may look into peoples private life (this is what they consider to be private whether work, leisure, or anthing else for that matter). This must be taken into consideration and respected by the documentary.

8.1 Any infringement of privacy in programmes, or in connection with
obtaining material included in programmes, must be warranted.
8.2 Information which discloses the location of a person’s home or family should
not be revealed without permission, unless it is warranted.
8.3 When people are caught up in events which are covered by the news they still
have a right to privacy in both the making and the broadcast of a programme,
unless it is warranted to infringe it. This applies both to the time when these
events are taking place and to any later programmes that revisit those events.
8.4 Broadcasters should ensure that words, images or actions filmed or recorded
in, or broadcast from, a public place, are not so private that prior consent is
required before broadcast from the individual or organisation concerned,
unless broadcasting without their consent is warranted.

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