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Tuesday 30 April 2013

Contractual, Legal and Ethical Obligations

The media industry is very flexible and is changing all the time. This means that contracts are a lot more flexible too, a lot more than traditional jobs. This can be good and bad for the workers, but it all depends on how they are paid. Below are some of the most common contracts in the media industry;

 

·         Full Time, Permanent

·         Part Time, Permanent

·         Fixed Term and Freelance

·         Shift Work

·         Office Hours

·         Irregular and anti-social hours pay

·         Salaried

·         On Completion

 
Full Time, Permanent

If you were employed on a full time permanent contract you would usually have to work 39 hours a week. A permanent contract means that you will be regularly paid each month or week depending on the pay roll system. Being on a permanent contract you will also gain company benefits such as paid sick and holiday leave each year.

Job roles most likely to be on a full time permanent contract are editorial, managerial, financial, creative and sometimes sales and marketing roles.

 
Part time, Permanent

Being on a part time permanent contract means you will work a fraction of a full time contract but once again you will have a set amount of hours to work each week. Being on a part time permanent contract you will also as well as the full time contracts receive the benefits from the companies such as pensions and paid leave but things like the holiday are reduced because you work fewer hours on a part time contract.

The job roles most likely to be part-time, permanent are financial and sometimes sales and marketing.

Fixed Term and Freelance

Both types of these contracts are similar because they are both flexible and do not last a great amount of time. If you have a fixed-term contract you may still gain company benefits if it is highlighted in your contract whereas, freelance you will not get company benefits because you will be coming in to do a single job for them, get paid and then move on to your next job. Freelance is a very risky way of earning a living because you cannot judge when you are going to have more work or less work to do for different companies. Also with freelance work, if you don’t have any work, you will not get paid. This is the main problem for that kind of work. There is a plus side to freelance because you can choose your own hours and holiday leave which is a great plus side because you would be so flexible.

 
Shift Work

Shift work is when you are contracted to work certain hours in a day. This can mean you work from early mornings to the middle of the afternoon, or early evening through to the middle of the night. In my opinion there are not many advantages of shift work, but the main one would be that you have set regular hours that you know you will have to work. The disadvantages are that it can take up awkward times during the day and also mess up your body clock.

 
Office Hours

Traditionally when you work office hours you would work 9 – 5 between Monday and Friday. There are many advantages to this, the main being that it is sociable hours and its regular work and pay. Disadvantages are you may not feel free enough but trapped in an office working like a robot. 

 
Irregular and unsocial hours

Irregular hours would involve your employer asking you to work different hours constantly each time you go to work. This can be a big disadvantage because you will not have much notice and it could turn out to be very unreliable. There are also good advantages to this because the employee will probably get paid more due to the irregular pattern in their work.
 

Confidentiality

A confidential agreement in a contract is when the employee has to agree to sign a contract which means they are not allowed to say anything about the company’s product before it is published. This would include agreements like not telling people the plot or endings of films. This is a legal contract and cannot be broken.


Exclusivity

The employees will be asked to keep secrets from the general public and anyone who isn’t working on the film or production. These secrets will include not saying what the film is called, plots and your own involvement in the production. This also applies if you are writing or creating a video you cannot mention anything to do with the production, until the company allows you to.

 
Employment Legislation
                                                             
Employment Legislation is more commonly known as ‘Employment Terms and Conditions’. These terms and conditions are set to stop employees suffering and being put in a dangerous or unhealthy environment.

 
Health and Safety

Health and Safety is very important and every company, on the recruitment process, should go through and train their new employees on how to keep good health standards and follow the right safety procedures. By doing this, in the event of a fire, the employees will be able to evacuate safely and deal with the situation at hand calmly.


The BBC has requirements to follow if one of their employees is injured at work. “All accidents and incidents must be reported to BBC ORM on the BBC Accident Report Form. Serious accidents and incidents must be reported to BBC ORM by the quickest possible means. Where doubt exists about what constitutes a serious accident BBC ORM must be contacted for clarification.”

 
Codes of Practice

 
Codes of practice are set by the company to their employees so they know how to act when they are at work or maybe even out of work. They specifically set out orders of how to behave and stop certain unethical actions. Codes of practice however are not legally bonded by the law like regulations of the law.  For example the BBC has codes of conduct, We expect independent producers to apply the highest professional and ethical standards in their dealings with BBC staff.” Having codes of practice, especially at a company like the BBC is very important because they are on show to the whole country.


Policies and Procedures

 
Film and TV companies will also have policies and procedures to follow to ensure that their movies and TV shows are ethically correct. The policies and procedures will also link to recruitment and how their staff is managed. The staff are frequently shown this by legalisation in health and safety and equal opportunities. The BBC has a very interesting policy, it states that advertising is not allowed on the channel; therefore it keeps the station clear from commercial pressures and influences. The BBC also protect children from viewing any potentially disturbing images or shows, this is the watershed policy. The watershed policy means that no violent, disturbing, frightening shows will be aired before 9pm.


Emerging Social Concerns

 
Broadcasting companies may also extend their ethical policies and procedures to dealing with emerging social concerns. These emerging social concerns might concern the discrimination of disabled and the elderly. Channel 4 however is dedicated to highlight people with disabilities. Channel 4 broadcasted the Paralympics in 2012 and they also have TV shows like “The Undateables” which involves showing people with disabilities such as Down-syndrome and Asperger’s syndrome. This show has a lot of different opinions flowing around it, the main concern is the title is given because the audience may see this and think that it is comical and will laugh at the people with disabilities.  
 

Representation and its Ethics


In the TV and film industries it is extremely important how something is represented and put across to the audience. One slip up in this department they could be labelled for something that they might not have intended to show. All of the different companies will want to express their own views and ethics, but they will not mean to show the wrong views. This could lead to viewing figures dropping and plenty of complaints from the public. A lot of religions are represented in films, and a lot of the time stereotyped. For example the Muslim religion is constantly portrayed as terrorists in films. This is because of a minority of extremists have made numerous terrorists attacks around the world. Muslim people should not be stamped with being terrorists! Stereotyping can be a very dangerous act, it could lead children who watch and take in these views, to believe them and act on them potentially with violence and racial abuse.


How Producers Remain Ethical and Objective in their Representations


Producers have a pretty simple way of following ethical and keeping objective in their shows and films. The simply require the experience of analytical lawyers, textbooks and previous examples of legal action. This will determine which is the best and preferable route to take in order to avoid subjectivity. From doing this, they can decide what to show, in terms of content, representation, story lines and even avoid and specific issue or group.

Channel 4 has had a heavy load of complaints for their shows “My Big Fat Gypsy Wedding” and “The Undateables” because they show unethical views on gypsies and discriminate people with disabilities.

James Cameron’s film “Avatar” was accused of being racist. People complained that only African American and American Indian actors played the Avatars. Their point was that because the Avatars are primitive, they believe that the producers are being racist and showing their opinion on these ethnic groups.

 

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