Video Games Industry - Ethical and Legal Constraints Research

Video Game Rating Classification System:

PEGI 3
-Suitable for people of the ages of three and above...
-"The content of games given this rating is considered suitable for all age groups. Some violence in a comical context (typically Bugs Bunny or Tom & Jerry cartoon-like forms of violence) is acceptable. The child should not be able to associate the character on the screen with real life characters, they should be totally fantasy. The game should not contain any sounds or pictures that are likely to scare or frighten young children. No bad language should be heard."
-An example of a Pegi 3 game would be Fifa 15, as it "allows the player to interact with other players online."


PEGI 7
-Suitable for people of the ages of seven and above...
-"Any game that would normally be rated at 3 but contains some possibly frightening scenes or -sounds may be considered suitable in this category. "

-An example of a Pegi 7 game would be Minecraft, as it contains "Violence that is set in a cartoon, slapstick or child like setting that could be upsetting to very young children and pictures or sounds likely to be scary to young children. This game allows the player to interact with other players Online"


PEGI 12

Suitable for people of the ages of twelve and above...
-"Any game that would normally be rated at 3 but contains some possibly frightening scenes or sounds may be considered suitable in this category."
-An example of a Pegi 12 game would be NHL 15, as it "contains violence in a sporting context".

PEGI 16

Suitable for people of the ages of sixteen and above...

PEGI 18

Suitable for people of the ages of eighteen and above...
An example of a Pegi 18 game would be Assassin's Creed Unity...


BAD LANGUAGE
Contains swear words frequently in the game.
DISCRIMINATION
Contains a form of racism, ageism, sexism, inequality etc.
DRUGS
Contains drugs, either using them, dealing them or fighting over them.
FEAR
Contains frightening scenes in the game that will frighten some
GAMBLING
Contains a form of betting, either with fictional money or in some cases, real money.
SEX
Contains a sex scene or some nudity.
VIOLENCE
Contains graphically violent scenes with blood and aggression.
ONLINE
The gamer is able to play games with other people online using the internet.

Legal Elements
Official Secrets Act 1989 - If there was a new Gears of War game coming out, they wouldn't be able to use Master Chief from Halo as a character, as Bungie own the rights to that character and Epic Games would be in copyright infringement.
Obscene Publications Act 1959 (and later amendments) - If you were making a game about a prostitute, you would have to be careful about how much nudity you could show. A breast here and there wouldn't draw too many complaints, but a full on vagina would be too much.
Films Act 1985 - It doesn't have anything to do with the Game Industry.
Video Recording Act 1984 -  If you are using filmed footage in your gane that doesn't carry a classification that has been agreed upon by an authority designated by the Home Office, you won't be able to sell or loan your video game
Race Relation Act 1976 - If a video game contains racial phrases or elements (such as Grand Theft Auto, which constantly has people being called by the "n" word) then it could be breaking the race relation act 1976.
Human Rights Act 1998 - A game that contains graphic material will have to be careful on who it offends, for example, a game about gangsters could include scenarios as serious as rape and murder. People who have experienced these traumas (or know someone who has) can take serious offense and maybe sue under The Human Rights Act.
Licensing Act 2003 (And later amendments) - 

Film Industry - Ethical and Legal Constraints Research

Film Rating Classification System:

U (Universal - Suitable for all)

A U film should be suitable for audiences aged four years and over, although it is impossible to predict what might upset any particular child. U films should be set within a positive framework and should offer reassuring counterbalances to any violence, threat or horror. An example of a U film would be Finding Nemo...

PG (Parental Guidance - General viewing, but some scenes may be unsuitable for young children)

A PG film shouldn't upset a child a child around 8 or above. Unaccompanied children of any age may watch, but parents are advised to consider whether the content may upset younger, or more sensitive, children. An example of a PG film would be Star Wars II: Attack of the Clones...

12 and 12A (Suitable for 12 years old and over)

Films classified 12A and video work classified 12 contain material that is not generally suitable for children aged under 12. No-one younger than 12 may see a 12A film in a cinema unless they are accompanied by an adult. Adults planning to take a child under 12 to view a 12A films should consider whether the film is suitable for that child. No-one younger than 12 may rent or but a 12 rated video work. An example of a 12/12A film would be The Great Gatsby...

15 (Suitable only for 15 years old and over)

No-one younger than 15 may see a 15 film in a cinema or rent or buy a 15 rated video work. These films include Discrimination, Drugs and Imitable behaviour such as hanging, suicide and self harming. An example of a 15 film would be Shaun of the Dead...

18 (Suitable for adults only)

No-one younger than 15 may see a 18 film in a cinema or rent or buy a 18 rated video work. Adults are free to choose their own entertainment and should not be phased by the explicit material such as nudity, drug use, death and crime. An example of an 18 film would be Pulp Fiction...

R18 (Suitable for adults only)

Constraints strong sexual material which can only be seen in licensed cinemas and bought in licensed stores.

BBFC

The BBFC is a trusted guide to media content. Working as an independent, self-financing and not-for-profit media content regulator, the BBFC operates transparent, consistent and trusted co-regulatory and self-regulatory classification and labelling systems in the UK.

As a highly expert and experienced regulator, their mission it to:

Protect the public, and especially children, from content which might raise harm risks.

Empower the public, especially parents, to make informed viewing choices.

Recognize and respect adult freedom of choice within the law.

Respond to and reflect changing social attitude towards media content through proactive public consultation and research.

Provide a cost-effective, efficient classification service within out statutory remit.

Work in partnership with the industry to develop innovative service models to provide content advice which support emerging media delivery systems.

Provide an effective service to enforcement agencies.

Legal Elements
Official Secrets Act 1989 - If DC Comics were making a Movie, they wouldn't be able to include Spider-Man, as he is a Marvel character and DC would in copyright infringement.
Obscene Publications Act 1959 (and later amendments) - If you were making a movie about a prostitute, you would have to be careful about how much nudity you could show. A breast here and there wouldn't draw too many complaints, but a full on vagina would be too much.
Films Act 1985 - A movie would not be funded anymore by the BFFA, because it doesn't exist anymore.
Video Recordings Act 1984 -  If you are using filmed footage in your movie that doesn't carry a classification that has been agreed upon by an authority designated by the Home Office, you won't be able to sell or loan your movie.
Race Relations Act 1976 - If a film has too many racial phrases (such as the use of the word "n*gg*r, calling people in a slanderous way related to the colour of their skin, etc.) then it could be breaking the Race Relation Act 1976. For example, Django Unchained has 113 uses of the word "n*gg*r" in the movie, which some people can take great offense to.
Human Rights Act 1998 - A film about the 9/11 terrorist attacks would have to respect humans alive today, as people watching the film may have lost family members in the attacks and could be deeply offended by the films portrayal of what happened.

Assessment 2 Research

Scenario: Your new media company has been asked to write a series of blog entries detailing the Ethical and Legal Constraints within 2 different media sectors (film and video games). This should have relevant information as well as a selection of clips, images and diagrams.

Again, you will need to produce a series of blogs looking into these two industries, this time focusing on their Ethical and Legal Constraints. Each blog should feature information on both.

By the end, you will have 4 more blog entries:

Film Industry - Ethical and Legal Constraints Research

Film Industry - Ethical and Legal Constraints Final

Video Games Industry - Ethical and Legal Constraints Research

Video Games Industry - Ethical and Legal Constraints Final

Ethical Elements
Ethical: Social issues and sensitivities, eg representation of gender, representation of religious beliefs, linguistic usages, accessibility;
professional body codes of practice, eg BBC producers' guidelines,
Worldwide Web Consortium (W3C) accessibility standards
Depiction of Elements: *VIOLENCE and SEX*
Product Placement: A film or game may be paid by a company to advertise their product, so for example, in X-Men Days of Future Past, there are Mountain Dew billboards to be seen in the movie, and for a time, Mountain Dew bottles would have X-Men Days of Future Past advertisements on the label.
Stereotypes:
Taste and Taboos:

Legal Elements
Legal: content, interpretation and application of laws, relating to media, eg Broadcasting Act 1990 (and later amendments),

Official Secrets Act 1989 - The Official Secrets Act of 1989 makes it a criminal offence to obtain or publish any information from a serving or former member of the security and intelligence services or from certain categories of civil servants or public contractors where that disclosure would be damaging.
Film - If DC Comics were making a Movie, they wouldn't be able to include Spider-Man, as he is a Marvel character and DC would in copyright infringement.
VG -  If there was a new Gears of War game coming out, they wouldn't be able to use Master Chief from Halo as a character, as Bungie own the rights to that character and Epic Games would be in copyright infringement.

Obscene Publications Act 1959 (and later amendments) - The Obscene Publications Act is where content that is too obscene may not be shown.
Film - If you were making a movie about a prostitute, you would have to be careful about how much nudity you could show. A breast here and there wouldn't draw too many complaints, but a full on vagina would be too much.
VG - If you were making a game about a prostitute, you would have to be careful about how much nudity you could show. A breast here and there wouldn't draw too many complaints, but a full on vagina would be too much.

Films Act 1985 - The Films Act 1985 dissolved the British Film Fund Agency, ending the Eady Levy system.
Film - A movie would not be funded anymore by the BFFA, because it doesn't exist anymore.
VG - It doesn't have anything to do with the Game Industry.

Video Recordings Act 1984 - The Video Recordings Act 1984 states that commercial video recordings offered for sale or for hire within the UK must carry a classification that has been agreed upon by an authority designated by the Home Office.
Film - If you are using filmed footage in your movie that doesn't carry a classification that has been agreed upon by an authority designated by the Home Office, you won't be able to sell or loan your movie.
VG -  If you are using filmed footage in your game that doesn't carry a classification that has been agreed upon by an authority designated by the Home Office, you won't be able to sell or loan your video game.

Race Relations Act 1976 (and later amendments) - An act to make fresh provision with respect to discrimination on racial grounds and relations between people of different racial groups.
Film - If a film has too many racial phrases (such as the use of the word "n*gg*r, calling people in a slanderous way related to the colour of their skin, etc.) then it could be breaking the Race Relation Act 1976. For example, Django Unchained has 113 uses of the word "n*gg*r" in the movie, which some people can take great offense to.
VG - If a video game contains racial phrases or elements (such as Grand Theft Auto, which constantly has people being called by the "n" word) then it could be breaking the race relation act 1976.

Human Rights Act 1998 - The Human Rights Act is a UK law passed in 1998. It means that you can defend your rights in the UK courts and that public organisations must treat everyone equally with fairness, dignity and respect.
Film - A film about the 9/11 terrorist attacks would have to respect humans alive today, as people watching the film may have lost family members in the attacks and could be deeply offended by the films portrayal of what happened.
VG - A game that contains graphic material will have to be careful on who it offends, for example, a game about gangsters could include scenarios as serious as rape and murder. People who have experienced these traumas (or know someone who has) can take serious offense and maybe sue under The Human Rights Act.

Licensing Act 2003 (and later amendments) - The Licensing Act 2003 regulates the sale of alcohol, the provision of late night refreshment and regulated entertainment in England and Wales, and is primarily administered by local authorities.
Film - A DVD that was rated 15, would not be made purchasable to a child age 14 or under as the child is not old enough.

VG - A Video Game that was rated 16, would not be made purchasable to a child age 15 or under as the child is not old enough.

privacy law - Privacy Law is the law that stops organisations using people's private information.
Film - If someone uses a debit card to purchase a DVD from a website, the privacy law would stop the organisation that received the debit card details from using them details for their own personal use.
VG  - If someone uses a debit card to purchase an in-game add on, the privacy law would stop the organisation that received the debit card details from using them details for their own personal use.

copyright law - Copyright Law states that work created by the creator is the creator's own personal work and therefore can not be redistributed by another company (unless the creator gives his permission).
Film - If a movie was being made, the creators of the movie would not be able to use a character from another movie unless they either created the character first or got permission from the original creators.
VG  - If a video game was being made, the creators of the video game would not be able to use a character from another video game unless they either created the character first or got permission from the original creators.

intellectual property law
Film - 
VG  -

libel law
Film - 
VG  -