The Data Protection Act:
What is it?
Establishes a data protection law that looks after all personal data such as age, gender and address. it is about keeping it safe.
3 reasons why it's important:
- Protect privacy of people and company info
- Helps people with illnesses such as dementia
- Reassuring to know personal date is safe-agree to terms and conditions
What happens if you don't follow the law:
Penalty notices- penalty up to 500k
Prosecutions
Enforcement notices-warning
Audit- official inspection
Example:
Sony were fined 250,00 over a PlayStation data hack-Criticised for not having up to date software
How it effects Pre-Production
Handle personal data carefully-Staff, customers, company's they're working with.
Pre Production Take longer
Intellectual Property Act:
What is it? L
Rights given to a person or company for their intellectual property. Cover things like music, films, discovery's, inventions made by you.
3 reasons why it's important:
- Keeps businesses and individuals focused on research and development more.
- Sets businesses away from competitors
- Provides protection of an idea-consequences if not
What happens if you don't follow the law:
Breach of civil or criminal law. Depending on what was stolen depends on the size of the penalty of fine.
Example
Hangover Part Two- Mike Tyson's tattoo artist claimed the design as copyright. Warner bros got away with it because it was fair use.
How it affects Pre production
It determines whether or not a particular use is fair. This makes the Pre-production stage come under the
Libel:
What is it?
A piece of writing that contains bad and false info about a person. similar to slander but written down.
3 reasons why its important:
- Exposes a person to hatred, shame, disgrace or ridicule.
- effects a persons reputation-avoided by company's
- Effects the occupation
Consequences
fines, community service
Example:
Tried to sue a us magazine for claims that he had an affair with Ira Nici, a former prostitute. got dismissed- said he was visiting his sick father
How does it effect Pre Production?:
Depletes sales and refine funds from sponsors because reputation is ruined.
Freedom of Information act:
What is it?
Law created in 2000 that states that the public have rights to information held by public author authorities. Public authorities are obliged to publish certain bits of withheld information.
3 reasons why it's important:
The act is
important as it governs sensitive information that may greatly affect the
authority holding it. These authorities
include: Businesses, schools, the police and the NHS.
Consequences
The ICO (Information commissioners office) can fine any company that breaches the act by refusing to publish information, or withholding it. Breaches of this act are unlawful, but not criminal.
Example:
The BBC has
recently published information about their workers salaries, listing the wages
of all company members (This was after a battle with the Freedom of information
act after many previous requests for this information had been declined due to
the BBC’s ‘exemptions’). The company employs workers earning 1% of Chris Evans £2.2
million pounds yearly pay packet.
How does it effect Pre Production?:
The act does
not have a tremendous impact on pre-production as it mostly governs the actions
of the company after the product has been made and the documentation process as
it is being produced. However, it does mean that companies have to compile
information on a database and be prepared to
release it on demand.
Copyright, Designs and Patents Act 1998
What is it?
An act that allows creators of products such as music and literary to control how their work is used. It doesn't protect
3 reasons why it's important:
- Prevents the owner's work from being used i ways they do not approve of.
- It allows the author to be recognised for what they have made
Consequences:
Make you hand over all your profits made
Orders to pay for damages
Orders to stop broadcasting
Example:
Napsater-Music sharing website. Involved in a lawsuit with various record companies who didnt want thee music distibuted for free. Had to pay 26 million and forced to shut down.
How does it effect Pre Production?:
Making sure a media product such as a film does not release with coyrighted material.
Slander
What is it?
Making a false and damaging statement about someone to give them a bad
name and to campaign against them.
3 reasons why it's important:
It is
important because if you are taken to court over slander it could lead to very
bad and damaging problems for you, your business and many other people.More
importantly if you are running a large conglomerate corporation it will ruin
you reputation, business and have an effect on your profit.
Consequences
It is treated as a crime rather
than a civil wrong. A court case could lead to a fine,
prosecution, or you/your business could be made bankrupt to pay the damages.
Example:
Tom Cruise took a gay porn star to court as the porn star claimed to a
French magazine that he and Tom Cruise had an affair, this was apparently the
reason that the marriage between Cruise and Nicole Kidman. Fortunately the Cruise
slander case in court, this meaning that the lying porn star actor payed Tom
Cruise 10 million dollars.
How does it effect Pre Production?:
If
you are charged for slander it could lead to spenders withdrawing funding for
pre-production to start and this will mean there could be no product to plan
for or produce.