PCC Seminar

On Wednesday 9th March we went up to the PCC, Press Complaints Commission, in London and were given a talk in their board room by one of the commissioners about what the PCC is all about and what they do there.  I found it really interesting working through the case studies and debating weather we thought the articles had breached the code enough to be followed through or not. It was surprising to me how much they have to take into consideration when they’re deciding whether to follow through a complaint or not, they have to look through all the different clauses and apply them differently to all the different complaints.  It was very impressive how quickly they deal with the complaints and they seem to treat the people how complain very well.  I also learnt how important context was in each case and how the article was written eg. jokingly or maliciously.  One major factor I realised was if public right to know overruled privacy then the complaint would not be followed through.  I think its good how the commissions are not related to the media at all so they are not biased in any way to cases.  Overall I found the talk very interesting and learnt a lot about the PCC.

The PCC (Press Complaints Comission)

What does the PCC do?

• The Press Complaints Commission (PCC) is an independent self-regulatory body which deals with complaints about the editorial content of newspapers and magazines and their websites

• They use the Code of Pracice (the 16 clauses) as their rules which editors and journalists must follow

• The PCC will investigate when they receive a complaint by someone directly affected

• The PCC will attempt to help the editor and complainant to agree on a way to resolve the issue, such as a published apology or clarification

How does the system work?

• The system is not legal and not run by the government

• It is based on a voluntary agreement by the newspaper and magazine industry to allow itself to be regulated by and independant body

• Code of Practice is drawn up by a comitee of editiors- the commission itself has a clear majority of public members

• Some of the comissioners have no connection to the media at all (no newspapers or magazines)

• None of the PCCs staff are connected to the industry

What does the code of practice cover?

 • The code covers 4 main areas: accurary, privacy, news gathering and protecting the vulnerable

• An editor is expected to take responsibility for all the stories and photographs that appear in their publication and to ensure that they comply with the code

• The code does not cover issues of taste and decency

• The PCC recognises that in a democratic society newspapers have the freedom and right to publish whatever they want

• Advertising such as billboards which are much more publically on display, taste and decency apply more

How is the PCC funded?

• Funded through the Press Standards Board of Finance which is responsible for collecting money from newspapers and magazines in the UK

• The press has agreed that each newspaper or magazine should contribute an amount in proportion to the number of people who buy it and read it so big newspapers eg. 'The Sun' will pay more than small local newspapers eg. 'Enfield Independent'

• PCC does not receive any money from government or the public

History of the PCC?

• The PCC was set up in 1991

• It replaced the Press Council which had been set up in 1953

• In the 1980's a small number of publications failed to observe the basic ethics of journalism and this led many MPs to lose confidence in the Press Council

• The PCC shows that non-statutory regulation works just as well as government controlled regulation 

Who complains to the PCC and what do they complain about?

• The PCC will acept complaints from anyone who thinks an article involving them breaches the code in some way

• Most complaints ordinary people, only 1.5% of complaints were celebrities and the other 98.5% were ordinary people

• The code provides special attention to particularly vunerable groups such as children, hospital patients and minority groups

Why is the PCC important?

• In a democratic society, we should have the right to free press, so the press should not subject to control by the law or govenrment

• The PCC is independant and voluntary organisation

• PCC commited to protecting the public by ensuring when rules are broken they are put right

• The PCC is fast and free

PCC Code of Practice

The 16 Clauses..
1. Accuracy
2. Oppurtunity to reply
3. Privacy *
4. Harrassment *
5. Intrusion into grief and shock
6. Children *
7. Children in sex cases *
8. Hospitals *
9. Reporting of crime *
10. Clandestine devices and subterfuge *
11. Victims of sexual assult
12. Discrimination
13. Financial journalism
14. Confidential sources
15. Witness payments in criminal trials
16. Payment to criminals *

* - There may be exception to the clauses marked * where they can be demonstrated to be in the public interest.

The UK's current film classification system

What are the pros and cons of the UK's current system of film classification?

Pros..
• The system is simple and easy to understand, with clear set guidelines to follow

• The BBFC always update their guidelines to keep up to date with society and culture, so it takes into account very recent things eg. if laws have changed

• Local councils can overrule the BBFC if they feel the classification is too high/low

• The BBFC make sure children are protected and won’t see anything unsuitable

• There is detailed information about children films for parents on their website which will be very useful in helping them to decide whether to let their child see a certain film

Cons..

• The BBFC guidelines are completely decided by age, this puts everyone in set categories when some people may be more mature and grown up for their age, everyone likes different things and children are all scared of different things

• The ratings are not really enforced at the cinemas, it is very easy for younger children to get into 15s/18s and could just watch it online or on DVD anyway

• The BBFC are unable to prove whether something could be a potential harm

• Parents aren’t aware of the information available on the BBFC website  

The differences between ratings

U - PG

• The themes at PG can be more mature than at U, but the nature of how they are presented is still very mild

• Sex and Relationships can be more acknowledged and advanced from U to a PG, however it still has to be discreet and infrequent

• Mild drug use/reference is more acceptable at a PG but still must carry an anti-drug message and can’t condone drug use in any way

• Discriminatory language can be used more in PG compared to U however it must have an educational or historical context

• Violence can be stronger at a PG but can’t be in detail and must be justified by its context

• Horror can be more frightening at a PG but cannot be prolonged and fantasy is treated less strictly



PG - 12A

• Discriminatory language/behaviour can progress from a PG to 12A however still must not be endorsed by the work as a whole

• Drug misuse can be shown at 12A, which it can’t at a PG, but still must be infrequent and not glamorised in any way

• Horror can be increased from a PG to 12A, moderate physical and psychological threat may be permitted but cannot be sustained

• Imitable behaviour can be shown in a 12A but it cannot glamorise easily accessible weapons

• Moderate language is allowed at 12A compared to mild infrequent language in a PG.
• Nudity in a sexual context is allowed in a 12A but must be brief and discreet

• Sexual activity can progress in a 12A from a PG as it can be portrayed but can’t be frequent

• Violence is stronger at 12A but can’t dwell on detail

12A - 15

• Drug taking and references may be shown in a 15 but the film must not promote drugs overall

• Horror can be stronger and more menacing at 15 compared to a 12A

• Glamorisation of easily accessible weapons is not allowed

• Language can be more frequent at a 15 and stronger language may be acceptable depending on the context

• Nudity is more acceptable at 15 compared to a 12A and can be shown in a sexual context but not in strong detail

• Strong verbal sexual references are allowed at 15s

• Violence can be stronger at a 15 but can’t dwell on too much pain

15 - 18

• At 18, the viewer is considered an adult so is completely free to choose their own entertainment

• Works cannot breach any laws

• Risk of harm to society is not allowed

• Illegal drug use is not allowed

• Sexualised violence is allowed in a 18 but cannot cause potential harm to anyone or society

• Sex and Relationships is much more acceptable at a 18 then a 15

• Clear images of real sex is still not permitted

18 - R18

• The same as 18, works cannot breach any laws at R18

• Sexually abusive behaviour is not acceptable

• At R18, real sex is allowed unlike at 18

• R18 is more focused on the acts of sex and harm

• R18 are not allowed to be shown at normal cinemas and only in specially licensed sex cinemas and only sold in specially licensed sex shops

Film Classification: R18

'R18' films are only to be shown in specially licensed cinemas, or supplied only in licensed sex shopts and to adults of not less than 18 years.  The 'R18' category is a special and legally restricted classification primarily for explicit works of condeting sex or strong fetish material involving adults. 

The following content is not acceptable...

• Any material which is in breach of the criminal law (material judged obscene under the act)

• Material including dialogue likely to encourage interest in sexually abusive activity (e.g. paedophilia/ rape) which may involve adults role- playing as non adults

• The potrayal of any sexual activity which involves lack of consent/ any form of physical restraint which they cannot indicate withdrawal of consent

• The infliction of pain or acts which may cause lasting physical harm

• Penetration by any object associated with violence or likely to cause physical harm

• Any sexual threats, humiliation or abuse which does not form part of a clearly consenting role-playing games

• These guidelines will be applied to the same standard regardless of sexual orientation

Film Classification: 18

A '18' is suitable for 18 years and over.  No one younger than 18 may see a '18' rated film at the cinema or buy a '18' rated dvd/video/video game.

In line with the consistent findings of the BBFC’s public consultations and The Human Rights Act 1998, at ‘18’ the BBFC’s guideline concerns will not normally override the principle that adults should be free to choose their own entertainment. Exceptions are most likely in the following areas:

• Where the material is in breach of the criminal law, or has been created through the commission of a criminal offence.

•  Where material or treatment appears to the BBFC to risk harm to individuals or, through their behaviour, to society – for example, any detailed portrayal of violent or dangerous acts, or of illegal drug use, which may cause harm to public health or morals.This may include portrayals of sexual or sexualised violence which might, for example, eroticise or endorse sexual assault.

• Where there are more explicit images of sexual activity which cannot be justified by context. Such images may be appropriate in ‘R18’ works, and in ‘sex works’ (see below) would normally be confined to that category.

Sex education at ‘18’
Where sex material genuinely seeks to inform and educate in matters such as human sexuality, safer sex and health, explicit images of sexual activity may be permitted.

Sex works at ‘18’
Sex works are works whose primary purpose is sexual arousal or stimulation. Sex works containing only material which may be simulated are generally passed ‘18’. Sex works containing clear images of real sex, strong fetish material, sexually explicit animated images, or other very strong sexual images will be confined to the ‘R18’ category. Material which is unacceptable in a sex work at ‘R18’ is also unacceptable in a sex work at ‘18’.