1. Zac MillwardTask 1: Presenting A Debate

2. Public Service Broadcasting PSB refers to broadcasting intended for thebenefit of the public, as opposed to Advertisement etc. e.g.: a new legislation. Regulated by OFCOM and the requirement is:certain broadcasters fulfil Certain requirements as part of their license tobroadcast. All of the BBCs TV and radio stations have aPublic Service Remit (Remit: they have to Meet a certain criteria) 3. Public Service Broadcasting *Six Music (Radio 6) was being targeted to bebanned (Digital channel)* - Recently introduced third tier of approaching200 community radio services are Also specifically recognised by Ofcom as beingproviders Of public service broadcasting output, deliveredunder the Terms of Community Radio Order 2004. 4. Public Service Broadcasting - BBC is funded by a license fee and does notsell advertising time, is most Notable for being the first public servicebroadcaster in the UK. - Its first Director General was Lord Reith, whomintroduced many of the Concepts that would later define PSB in the UKwhen he adopted the mission to "Inform, educate and entertain". 5. Public Service Broadcasting The launch of the first commercial broadcasterITV (analogue channel), came in 1955. Thegovernment required That the local franchises fulfilled a similarobligation Mandating a certain level of local news coverage,arts and religious programming in return For the right to broadcast. 6. Public Service Broadcasting Channel 4 and S4C were set up by thegovernment in 1981 to provide different forms of PSB. Channel 4 was required to be a publicservice alternative to the BBC and to cater For minorities and arts. S4C was to be a mainlyWelsh language programmer. Neither of them Were to be successful commercially as Channel 4was subsidised by the ITV Network and S4C received a grant from thecentral government 7. Public Service Broadcasting When the final terrestrial broadcaster, Five,launched in 1997 it too was given a number of public service requirements. Theseincluded the obligation to provide Minimum amounts of programming from thevarious genres 8. Public Service Broadcasting The advent of the digital age has brought aboutmany questions about the future of Public service broadcasting in the UK. The BBChas been criticised by some for being Expansionist and exceeding its public serviceremit by providing content that Could be provided by commercial broadcasters. 9. Public Service Broadcasting ITV has been attempting to significantly reduce itsobligations To produce and broadcast unprofitable PSBprogramming, citing The increased competition from digital andmultichannel television. 10. Public Service Broadcasting Channel 4 has projected a 100m funding gap if itis to continue With public service broadcasting after digitalswitch-over. As a result, Ofcom has Recently been consulting on what direction PSBshould take in the future. 11. OFCOM * http://www.ofcom.org.uk/ - Ofcom launched on 29 December 2003, formallyinheriting the duties that had Previously been the responsibility of five differentregulators. - Ofcom, is the government-approved regulatory andcompetition authority for the Broadcasting, telecommunications and postal industries ofthe United Kingdom. Ofcom was initially established by the Office ofCommunications Act 2002 And received its full authority from the Communications Act2003. 12. Licensing BBC is funded by a license fee and does not selladvertising time, is most notable for being the first public servicebroadcaster in the UK. 13. Product Range 14. Ownership Fiver major distributors dominate media these are UnitedInternational Pictures,Warner Bros,Buena Vista,20th Century Foxand Sony Massive multinational media conglomerates own Film studios TV stations Record labels magazines Newspapers Books internet platform However there are a small percentage of independents many ofwhich operate within the UK. Independent filmmaker Orin PelimadeParanormalActivityforjust$15,000.But he neededParamount, a US major studio to distribute his film. In doing sohe made over$190milllion.This shows there are exceptions to therule that big budget films always do best.. 15. Product Diversity 16. Profitability 17. Diversification A BBC Case Study 18. Diversification 19. Diversification 20. BBC RE:THINK 2012: What DoesBritain Believe? Over the past few years I have noticed how religion as asubject has crept into more and more debates andfestivals with one exception, the media. TV festivals in particular have a strange ostrich-likerelationship with the subject but the country as a wholedoesnt seem to agree. For them its here in our lives and itneeds to be understood, debated and packaged in a waybest suited for their changing needs and tastes. Thats the genesis of BBC RE:THINK 2012. Its an attemptto fuse the growing interest in the subject if not necessarilythe practise of religion with how its reported on television,radio and online. Not only is it clearly a space that theBBC, as the largest provider of religion & ethicsprogramming, should occupy but also what better place tohold it than in the heart of its religious productioncommunity, BBC North in Salford. 21. BBC RE:THINK 2012: What DoesBritain Believe? Taking part in and attending BBC RE: THINK2012 will be other broadcasters, independentproducers, journalists, academics, clergy, opinionformers and members of the public. Its a uniqueopportunity to bring all of us together for the firsttime. Across the two days there should be somethingfor everyone. From a must-watch conversationbetween the Chief Rabbi and Richard Dawkins,festival specials of The Moral Maze and The BigQuestions to standing room-only master classesfrom Bettany Hughes and Jeremy Bowen thereshould be something for everyone. 22. BBC RE:THINK 2012: What DoesBritain Believe? The diverse nature of the subjects covered will help usexplore the festivals strap line What does Britain believe?Academic and broadcaster Robert Beckford will chair apanel that explores exactly this question in relation to theviews of young people. This debate will reveal the findingsof a startling survey commissioned for the festival. Itreveals that 59% of 16-24 year olds believe that lookingafter family was the most important moral issue for them.Only 4% said having religious faith or beliefs was the mostimportant moral issue. The respondents were asked to rank eight issues in orderof importance, religious faith or belief was considered to beleast important by almost one third (32%) of therespondents. This was followed by 22% who said buyingethical products was the least important, and 15% who putpaying taxes at the bottom of their moral list. 23. BBC RE:THINK 2012: What DoesBritain Believe? Radio, TV and online programming is also central tothe festival - from last weekends episodes of Sundayon BBC Radio 4 and Sunday morning live on BBCOne (both still available on the BBC iPlayer) debatingthe findings of the BBC RE:THINK 2012 survey to anew three part series on BBC Two, Dead Good Job,launching on the 12th of September at 9pm. Thisseries looks at the burial business in 21st centuryBritain and explores how many of us now deal withburying our loved ones in a changing diverse nation. This series and others like it such as Strictly Kosheron ITV, The Bishop and the Prisoner on BBC Radio 4and Making Bradford British on Channel 4 get to heartof what we want to explore during this the first of whatI hope will many more RE:THINK festivals. 24. BBC RE:THINK 2012: What DoesBritain Believe? Religion and belief in the UK and how we portray it ontelevision and radio is evolving. Old fashionedarguments about broadcast hours twenty years ago orhow many ex theology students worked on a showare largely irrelevant to todays audience. Our shows need to have impact and relevance andfrom The Life of Muhammad to Thought for the Daywe have shown that it can still be the case. Its your output, help all broadcasters, not just theBBC, ensure we make it fit for purpose not just fortoday but for the future. 25. BBC RE:THINK 2012: What DoesBritain Believe? BBC RE:THINK 2012 Festival runs from 12 to 13September 2012. You can follow the events live online andfollow the discussion on Twitter with the hashtag#bbcrethink The festival forms part of BBC Norths autumn season ofevents and programming, which Director Peter Salmonwrote about on this blog yesterday Further detail about the results of the BBC RE:THINK 2012poll can be found on the BBC Media Centre website Follow @AbouttheBBC on Twitter for updates http://www.bbc.co.uk/blogs/aboutthebbc/posts/BBC-RETHINK-2012-What-Does-Britain-Believe 26. Viacom Merger In 1994, Paramount merged with Viacom Inc.under the leadership of Sumner Redstone,Executive Chairman of the Board and Founder. InJanuary 2006, Viacom split into two separatepublicly-traded companies: CBS Corporation andViacom. The Paramount Motion Picture Group ispart of Viacom which also includes MTVNetworks, BET Networks, and Famous Music. 27. THE MEDIA BUSINESS: THE MERGER; WALTDISNEY TO ACQUIRE ABC IN $19 BILLION DEAL TOBUILD A GIANT FOR ENTERTAINMENT In the second-largest corporate takeover ever, theWalt Disney Company moved yesterday to createthe worlds most powerful media andentertainment company, announcing that it wouldacquire Capital Cities/ ABC Inc. for $19 billion. 28. THE MCA SALE: THE DEAL; Seagram Puts theFinishing Touches on Its $5.7 Billion Acquisitionof MCA The Seagram Company and the MatsushitaElectric Industrial Company said last night thatthey had agreed that Seagram would buy 80percent of the entertainment giant MCA Inc. for$5.7 billion in cash. Matsushita, which paid $6.6 billion for MCA in1990, will retain a 20 percent interest 29. In Buying CBS Westinghouse TakesOn A Fixer-Upper The Westinghouse Electric Corporation isexpected to complete its $5.4 billion deal toacquire CBS when the networks shareholdersmeet in New York on Nov. 16. 30. Seagram Release: Seagram Accepts SharesTendered Pursuant to Offer for PolyGram SEAGRAM ACCEPTS SHARES TENDEREDPURSUANT TO OFFER FOR POLYGRAM MONTREAL, December 6, 1998 - The SeagramCompany Ltd. (NYSE:VO) announced today thatits offer for all issued shares of PolyGram N.V.expired, as scheduled, at 3:00 p.m., Amsterdamtime (9:00 a.m., New York City time), on Friday,December 4, 1998. Seagram has accepted allshares validly tendered and not withdrawnpursuant to the offer. 31. Vivendi buys Seagram The French media and utilities company Vivendihas completed its deal to buy Seagram, theowner of Universal Studios and PolygramRecords, for $34bn (22bn). The move marks the transformation of Vivendiinto a global new media player to rival AmericaOnline, which is merging with Time Warner. 32. AT&T to Buy T-Mobile, Becomes No.1 U.S. Wireless Company AT&T said on Sunday it would buy T-Mobile USAfrom Deutsche Telekom for $39 billion, creatingthe largest wireless company in the United Statesfrom what were the nations second and fourthproviders. 33. AOL to buy Time Warner in historicmerger The new company will be called AOL TimeWarner and will combine AOLs online serviceswith Time Warners vast media and cable assets.In a world where online services, media andentertainment are rapidly converging, the newcompany could have almost unparalleledresources. 34. In Deal of the Year, Comcast buysAT&T Broadband When Philadelphia-based Comcast Corp.successfully purchased Englewood-based AT&TBroadband for $29.2 billion in the biggest deal of2002, it permanently changed the landscape ofDenver cable. 35. General Electric set to buy VivendisNBC Universal stake The French conglomerate Vivendi has reportedlyagreed to sell its 20% stake in the US mediacompany NBC Universal to NBCs majorityshareholder, General Electric, for $5.8bn(3.5bn). The deal paves the way for GE, which owns theother 80% of NBC Universal, and the US cablegiant Comcast to push ahead with a proposed$30bn joint venture that would create one of theworlds largest media and entertainmentcompanies. 36. The Big seven cultural industrycorporationsCompany RevenueTime Warner 43.7Walt Disney 31.9Viacom 27.0New Corporation 23.9Bertelsmann 21.6Sony 16.0NBC Universal 14.7This list ranks the biggest companies by revenue gained from cultural-industry activities. Revenue is in US$ billions for fiscal years ending in2005. The figure for Sony is for its games, music films divisions. 37. Franchising What is it? Franchising What is it? Franchising is a term which can be applied to just about any area ofeconomic endeavour. Franchising encompasses products and servicesfrom the manufacture, supply for manufacture, processing, distributionand sale of goods, to the rendering of services, the marketing of thoseservices, their distribution and sale. Definition of Franchising: Franchising may be defined as a business arrangement which allowsfor the reputation, (goodwill) innovation, technical know-how andexpertise of the innovator (franchisor) to be combined with the energy,industry and investment of another party (franchisee) to conduct thebusiness of providing and selling of goods and services. The fact that, as a method of doing business, franchise arrangementshave grown so rapidly in the last 10 or 20 years (world wide) is duesimply to the fact that franchises are an effective way of combining thestrengths, skills and needs of both the franchisor and the franchisee. Tobe truly successful, the one is reliant on the other. In most instances, franchising combines the know-how of the franchisorwith the where-with all of the franchisee and, in the more successfulfranchising systems, the energy of both. http://www.startups.co.uk/starbucks-subway-and-pizzahut-franchises.html 38. Licensing Licensing There is no such thing as a standard license. Every arrangement isunique and has its own special requirements, aims and objectives. All licenses should be read and re-read and should be placed before alicensing professional or IP professional before being signed. Needless to say, every license should be clear to all parties concerned.The individual parties should be aware of the obligations that thecontract places on them, the conditions that have to be met and the timelines by which specific functions are to be performed. All of thesefeatures should be transparent and measurable. Each party should alsobe acutely aware of the other parties responsibilities. Territorial or geographical boundaries should be made clear, as shouldall payment obligations and the amounts that are to be paid (and howthey are calculated). All payment, dates should be clearly laid out,preferably in a schedule. Penalties, such as default payments, breach of contract conditions,rights to assign, the term of the contract, and the right to renew are alsoimportant considerations that are often overlooked or not fullyunderstood. Bonus conditions might also be negotiated and should not be dismissedin a licensing agreement 39. Vertical integration Vertical integration is a difficult strategy for companiesto implement successfully. It is often expensive andhard to reverse. Upstream producers frequentlyintegrate with downstream distributors to secure amarket for their output. This is fine when times aregood. But many firms have found themselves cuttingprices sharply to their downstream distributors whendemand has fallen just so they can maintain targetedlevels of plant utilisation. The vertically integrated giants of the computerindustry, firms such as IBM, Digital and Burroughs,were felled like young saplings when at the end of the1970s Apple formed a network of independentspecialists that produced machines far moreefficiently than the do-it-all giants. 40. Horizontal integration Examples of Horizontal Integration are many andavailable in plenty. Especially in case of thetechnology industry, where mergers andacquisitions happen in order to increase thereach of an entity. As per me an apt example of HorizontalIntegration will be YouTube, which was taken overby Google primarily because it had a strong andloyal user base. (There was no rocket science intechnology used at Youtube which Googlecouldnt have done without taking over, but yes toincrease the viewers was definitely as complexwithout the takeover.) 41. Product Diversity and Profitability Media industries are risky business. Garnhamsays risk derives from the fact that audiencesuse cultural commodities in highly volatile andunpredictable ways, often in order to express thatthey are different from each other 42. Product Diversity and Profitability Some Stats: Nearly 30,000 albums were released in the USA in 1998, ofwhich fewer than 2 per cent sold more than 50,000 copies 88 hits in 1999 -0, 03 per cent of releases accounted for aquarter of US record sales. In publishing it has been said that 80% of the income derivesfrom 20% of published product. Of the 350 or so films released each year in the USA in 1996,only 10 will be box office hits. In 1993 Driver and Gillespie reported that one third to one half ofUK magazines break even and only 25% Make a profit. According to figures cited by Moran about 80% of the 50,000book titles published in the USA each year in the mid-1980swere financial failures. 43. Product Diversity and Profitability Some things to consider: Horizontal integration buys up competition. Vertical Integration lowers production costs Internationalisation allows companies a larger marketto off load their products onto. Marketing costs arehowever new. Multisector and multimedia integration allows forcross-promotion. Co-opting critics, DJs and various other peopleresponsible for publicising texts, by socialising withthem, sending them gifts and press releases etc. Therefore, larger companies are able to spread risksin a way that smaller companies are not. 44. Product Diversity and Profitability Rowling completed Harry Potter and thePhilosophers Stone in 1995 and the manuscriptwas sent off to several prospective agents.[45]The second agent she tried, Christopher Little,offered to represent her and sent the manuscriptto Bloomsbury. After eight other publishers hadrejected Philosophers Stone, Bloomsbury offeredRowling a 2,500 advance for itspublication.[46][47] Despite Rowlings statementthat she did not have any particular age group inmind when beginning to write the Harry Potterbooks, the publishers initially targeted childrenaged nine to eleven.[ 45. Libel Law There are two versions of defamation, libel andslander. Libel is when the defamation is writtendown (including email, bulletin boards andwebsites), and slander is when the incidentrelates to words spoken. In the UK, if someonethinks that what you wrote about them is eitherdefamatory or damaging, the onus will be entirelyon you to prove that your comments are true incourt. 46. Libel Law For example, if you said Peter Sutcliffe had neverpaid his TV licence in his life that would not bedefamatory - or it is very unlikely to be. However, ifyou said the same about TV boss Greg Dyke thatwould be. Why? Because Peter Sutcliffes reputationwill not be damaged by the TV licence revelation (heis after all a mass murderer). Of course, his lawyerswould still be free to bring the case to court, but it isvery unlikely they would succeed. Greg Dyke, on theother hand, runs the BBC, so to say he wilfully doesntpay his TV licence could have a seriously detrimentaleffect on his career. He could be fired or hisreputation damaged (note: Dyke has now left theBBC). It is not for the judge or jury (at the outset) todecide how damaged he is - they just have to confirmthat such accusations are false and damaging. Thenthe judge and/or jury decide on monetary damages. http://www.urban75.org/info/libel.html 47. Libel Law McLibel case A long-running legal case in Britain is an example ofthe application of food libel principles to existing law.McDonalds Restaurants versus Morris & Steel (alsoknown as the "McLibel case") was an English lawsuitfiled by McDonalds Corporation againstenvironmental activists Helen Steel and David Morris(often referred to as "The McLibel Two") over apamphlet critical of the company. The original caselasted ten years, making it the longest-running courtaction in English history.[9] A feature-lengthdocumentary film, McLibel, was created about thecase by filmmaker Franny Armstrong. 48. McLibel Case A long-running legal case in Britain is an exampleof the application of food libel principles toexisting law. McDonalds Restaurants versusMorris & Steel (also known as the "McLibel case")was an English lawsuit filed by McDonaldsCorporation against environmental activists HelenSteel and David Morris (often referred to as "TheMcLibel Two") over a pamphlet critical of thecompany. The original case lasted ten years,making it the longest-running court action inEnglish history.[9] A feature-length documentaryfilm, McLibel, was created about the case byfilmmaker Franny Armstrong. 49. McLibel Case Although McDonalds won two hearings of the case inEnglish court, the partial nature of the victory, theDavid-vs-Goliath nature of the case, and the drawn-out litigation embarrassed the company. McDonaldsannounced that it did not plan to collect the40,000[10] that it was awarded by the courts. Sincethen, the European Court of Human Rights (ECHR)has ruled that the trial violated Articles 6 (right to a fairtrial) because the defendants had been refused legalaid and had only been represented by volunteerlawyers, and Article 10 (right to freedom ofexpression) of the Convention on Human Rights,again because the defendants had been refused legalaid, and awarded a judgment of 57,000 against theUK government.[11] (McDonalds itself was not adefendant in this appeal.) On February 15, 2005, thepairs 20-year battle with McDonalds came to an endwith this judgment. 50. McLibel Case The McLibel Trial is the infamous British court case betweenMcDonalds and a former postman & a gardener from London(Helen Steel and Dave Morris). It ran for two and a half yearsand became the longest ever English trial. The defendants weredenied legal aid and their right to a jury, so the whole trial washeard by a single Judge, Mr Justice Bell. He delivered his verdictin June 1997. The verdict was devastating for McDonalds. The judge ruled thatthey exploit children with their advertising, produce misleadingadvertising, are culpably responsible for cruelty to animals, areantipathetic to unionisation and pay their workers low wages.But Helen and Dave failed to prove all the points and so theJudge ruled that they HAD libelled McDonalds and should pay60,000 pounds damages. They refused and McDonalds knewbetter than to pursue it. In March 1999 the Court of Appeal madefurther rulings that it was fair comment to say that McDonaldsemployees worldwide "do badly in terms of pay and conditions",and true that "if one eats enough McDonalds food, ones dietmay well become high in fat etc., with the very real risk of heart 51. McLibel Case As a result of the court case, the Anti-McDonaldscampaign mushroomed, the press coverageincreased exponentially, this website was born and afeature length documentary was broadcast round theworld. The legal controversy continued. The McLibel 2 tookthe British Government to the European Court ofHuman Rights to defend the publics right to criticisemultinationals, claiming UK libel laws are oppressiveand unfair that they were denied a fair trial. The courtruled in favour of Helen and Dave: the case hadbreached their their rights to freedom of expressionand a fair trial. http://www.mcspotlight.org/case/ 52. Copyright and Intellectual PropertyLaw Intellectual property (or IP) refers to creative workwhich can be treated as an asset or physicalproperty. Intellectual property rights fall principallyinto four main areas; copyright, trademarks,design rights and patents. 53. Copyright and Intellectual PropertyLaw Copyright applies to work that is recorded insome way; rights exist in items such as literary,artistic, musical and dramatic work as well asfilms, sound recordings and typographicalarrangements. It gives the author specific rights inrelation to the work, prohibits unauthorisedactions, and allows the author to take legal actionagainst instances of infringement or plagiarism. 54. Copyright and Intellectual PropertyLaw A trademark can be a name, word, slogan,design, symbol or other unique device thatidentifies a product or organisation. Trademarks are registered at a national orterritory level with an appointed government bodyand may take anywhere between 6 and 18months to be processed. 55. Copyright and Intellectual PropertyLaw Patents apply to industrial processes and inventions,and protect against the unauthorised implementationof the invention. Patents are grants made by national governmentsthat give the creator of an invention an exclusive rightto use, sell or manufacture the invention. Liketrademarks, patents are registered at a national orterritory level with an appointed government body.Patents typically take 2 to 3 years to be granted. Designs may be subject to both copyright and designrights. They may also be registered in a similar way topatents.http://www.copyrightservice.co.uk/copyright/intellectual_property 56. Copyright and Intellectual PropertyLaw A copyright protected work can have more thanone copyright, or another intellectual property (IP)right, connected to it. For example, an album ofmusic can have separate copyrights for individualsongs, sound recordings, artwork, and so on.Whilst copyright can protect the artwork of yourlogo, you could also register the logo as a trademark. http://www.ipo.gov.uk/c-about.htm 57. Security and Intelligence Secrets 1 Security and Intelligence An offence of disclosing information, documents or other articles relating tosecurity or intelligence. Secrets 2 Defence An offence of disclosing information, documents or other articles relating todefence. This section applies only to crown servants and governmentcontractors. Secrets 3 International relations An offence of disclosing information, documents or other articles relating tointernational relations. This section applies only to crown servants andgovernment contractors. Section 4 - Crime and special investigation powers This section relates to disclosure of information which would assist a criminal orthe commission of a crime. This section applies only to crown servants andgovernment contractors. Section 5 - Information resulting from unauthorised disclosures or entrusted inconfidence This section relates to further disclosure of information, documents or otherarticles protected from disclosure by the preceding sections of the Act. It allows,for example, the prosecution of newspapers or journalists who publish secretinformation leaked to them by a crown servant in contravention of section 3. Thissection applies to everyone. 58. PRIVACY LAW Privacy in English law is a rapidly developing area of English law that considersin what situations an individual has a legal right to informational privacy, that is tosay the protection of personal (or private) information from misuse orunauthorized disclosure. Privacy law is distinct from those laws such as trespassor assault that are designed to protect physical privacy. Such laws are generallyconsidered as part of criminal law or the law of tort. Historically, English commonlaw has recognized no general right or tort of privacy, and was offered onlylimited protection through the doctrine of breach of confidence and a "piecemeal"collection of related legislation on topics like harassment and data protection. Theintroduction of the Human Rights Act 1998 incorporated into English law theEuropean Convention on Human Rights. Article 8.1 of the ECHR provided anexplicit right to respect for a private life for the first time within English law. TheConvention also requires the judiciary to "have regard" to the Convention indeveloping the common law. The earliest definition of privacy in English law was given by Judge Cooley whodefined privacy as "the right to be left alone". In 1972 the Younger Committee, aninquiry into privacy stated that the term could not be defined satisfactorily. Againin 1990 the Calcutt Committee concluded that: "nowhere have we found a whollysatisfactory statutory definition of privacy". Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22 was a House of Lordsdecision regarding human rights and privacy in English law. 59. PRIVACY LAW Well-known model Naomi Campbell was photographed leaving arehabilitation clinic, following public denials that she was arecovering drug addict. The photographs were published in apublication run by MGN. Campbell sought damages under the English law through herlawyers Schillings who engaged Richard Spearman QC to bringa claim for breach of confidence engaging s. 8 of the HumanRights Act, which required the court to operate compatibly withthe European Convention on Human Rights. The desired resultwas a ruling that the English tort action for breach of confidence,subject to the ECHR provisions upholding the right to private andfamily life, would require the court to recognize the private natureof the information, and hold that there was a breach of herprivacy. Rather than challenge the disclosure of the fact she was a drugaddict - which, given her previous denials, may be consideredmerely a rectification of a lie, she challenged the disclosure ofinformation about the location of her Narcotics Meetings. Thephotographs, she argued, formed part of this information. http://www.bailii.org/uk/cases/UKHL/2004/22.html 60. PRIVACY LAW Wainwright and another (Appellants) v Home Office (Respondents)[2003] UKHL 53; [2003] 3 WLR 1137 is an English tort law caseconcerning the arguments for a tort of privacy, and the action for battery. Alan Wainwright, with his mother, went to visit his stepbrother who wasdetained in Leeds prison awaiting trial. Because the stepbrother hadbeen suspected of taking drugs in jail, the two visitors were asked toconsent to a strip search, under Rule 86(1) of the Prison Rules 1964(consolidated 1998), which confers a power in general terms to searchany person entering a prison. They reluctantly consented and weresearched by prison officers, which they found upsetting. In particular,Alan Wainwright was intimately handled, in a way that the Home Officecounsel conceded was battery. The Wainwrights subsequently went to a solicitor, who had themexamined by a psychiatrist. He concluded that Alan (who had physicaland learning difficulties) had been so severely affected by hisexperience as to suffer post-traumatic stress syndrome. Mrs Wainwrighthad suffered emotional distress but no recognized psychiatric illness. http://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd031016/wain-1.htm 61. ECHR The European Convention on Human Rights (ECHR) (formally the Conventionfor the Protection of Human Rights and Fundamental Freedoms) is aninternational treaty to protect human rights and fundamental freedoms in Europe.Drafted in 1950 by the then newly formed Council of Europe, the conventionentered into force on 3 September 1953. All Council of Europe member statesare party to the Convention and new members are expected to ratify theconvention at the earliest opportunity. The Convention established the European Court of Human Rights (ECHR). Anyperson who feels his or her rights have been violated under the Convention by astate party can take a case to the Court. Article 8 provides a right to respect for ones "private and family life, his homeand his correspondence", subject to certain restrictions that are "in accordancewith law" and "necessary in a democratic society". This article clearly provides aright to be free of unlawful searches, but the Court has given the protection for"private and family life" that this article provides a broad interpretation, taking forinstance that prohibition of private consensual homosexual acts violates thisarticle. This may be compared to the jurisprudence of the United States SupremeCourt, which has also adopted a somewhat broad interpretation of the right toprivacy. Furthermore, Article 8 sometimes comprises positive obligations:whereas classical human rights are formulated as prohibiting a State frominterfering with rights, and thus not to do something (e.g. not to separate a familyunder family life protection), the effective enjoyment of such rights may alsoinclude an obligation for the State to become active, and to do something (e.g. toenforce access for a divorced parent to his/her child). 62. Licensing act 2003 and LA They licensing act 2003 and LA have been prepared by theDepartment for Culture, Media and Sport in order to assist thereader of the Act. In April 2000 the Government published an acton reforming alcohol and entertainment licensing set outproposals for modernizing and integrating the alcohol, publicentertainment, theatre, cinema, night caf and late nightrefreshment house licensing schemes in both England andWales. Used to reduce crime and disorder, to encourage tourism,to reduce alcohol misuse; and to encourage self-sufficient ruralcommunities. Act of the Parliament of the United Kingdom. Inturn, "regulated entertainment" is defined as: A performance of aplay, exhibition of a film, sporting event, live music event, playingof music or performance of dance. The Act has four licensing outcomes which must be taken intoaccount when a local authority carries out functions. They are,preventing crime and disorder; public safety; public nuisance;protection of children from harm; and in Scotland there is a fifthlicensing agree which is protecting and improvement of publichealth 63. Licensing act 2003 and LA The new licences dont have to be renewed regularly; it is important thatin the Act, at any time, they can be called in for a review if residents or abusiness nearby make a valid request. If this happens the matter will gobefore a Licensing Sub-Committee which can vary, suspend or revokethe licence. This is an important change to the old licensing law, whichmade it much more difficult for residents to force a review of a licence. Licensees must now understand that just because they have been givena licence under the new Act, any permission can be removed or varied.As licensing authority, the Council will be working closely with the policeto ensure that the Act is enforced fairly and firmly with everyone. Under the Act, all local councils must draft, consult on and publish aStatement of Licensing Policy. It also explains how we plan to deal withapplications made under the Act. Most importantly it explains how weaim to balance peoples desire for entertainment with residents right topeace. The Councils Licensing Policy is reviewed every three years and willcontinue to monitor the licensing situation. We believe that the LicensingAct 2003 can benefit residents, businesses and visitors and ourStatement of Licensing Policy provides the basis for us all. 64. Obscene Publications Act The term Pornography is not generally used inUK law. Therefore in the UK this is called TheObscene Publications Act 1959 This describesan obscene item as one tending to deprave andcorrupt persons who are likely, having regard toall relevant circumstances, to read, see or hearthe material embodied in it. This makes it anoffence to publish obscene material or to havesuch material in your possession with theintention of publishing it. It is not an offence if it isfor ones pleasure. The Obscene Publications Act has manysimilarities to the Protection of Children Act 65. Obscene Publications Act 66. The Films Act 1985 The Films Act 1985 dissolved the British Film Fund Agency, ending theEady levy system established in 1951. The Act also abolished the Cinematograph Film Council and dissolvedthe National Film Finance Corporation, transferring its assets to BritishScreen Finance Limited. The Act repealed the Films Acts 1960-1980 and also repealed certainprovisions of the Finance Acts 1982 and 1984 and substituted newprovisions for determining whether or not a film was British film eligiblefor capital allowances. Under the Finance Acts 1997 (No 2), 1992 (No2) and 1990, theseprovisions have been further amended to relax the prohibition on usinga foreign studio. Finding a distinct cultural product. The Eady Levy was a tax on box office receipts, this pumped excessmoney back into the United Kingdoms Film Industry which made itcheaper to produce films. The film act abolished this American companys were claiming there film was British and abusedthe tax, brought in to protect the British industry 67. The Video Recordings Act 1984 The Video Recordings Act 1984 is an Act of the Parliament of the UnitedKingdom that was passed in 1984 It states that commercial video recordings offered for sale or for hirewithin the UK must carry a classification that has been agreed upon byan authority designated by the Home Office The British Board of Film Classification, which had been instrumental inthe certification of motion pictures since 1912, was designated as theclassifying authority in 1985 The British Board of Film Classification was designated as theclassifying authority in 1985 Works are classified by the BBFC under an age-rated system, it is anoffence under the Act to supply video works to individuals who are (orappear to be) under the age of the classification designated. Works that are refused classification cannot, under the Act, be legallysold or supplied to anyone of any age unless it is educational, or to dowith a sport, religion or music and does not depict violence, sex or incitea criminal offence. The BBFC may also require cuts to be made, eitherto receive a certain age rating, or to be allowed a classification at all. 68. The Video Recordings Act 1984 In August 2009 it was discovered that the Act wasunenforceable as the European Commission was notnotified about it. Until this situation was rectified, itwas legal to sell and supply unclassified videos andcomputer games, although many retailers had agreedto observe the regulations voluntarily. Then pendingprosecutions under the Act were abandoned, but thegovernment has claimed that past convictions cannotbe challenged. In December 2009 the governmentintroduced new legislation, the Video Recordings Act2010,[4] which repealed and immediately revived theVideo Recordings Act 1984, after the requirednotification was provided to the EuropeanCommission in October 2009. This made thelegislation enforceable once again, as well as allowingit to be amended by the Digital Economy Act 2010.