Unit 1 FACT SHEET QUINN CAIE

Regulatory Bodies

A regulatory body is a company or organisation that sets, maintains and enforces rules
about what is and is not allowed to be advertised. When they receive complaints about
advertisements they will investigate and make a decision. Their decision will either be: allow
the advertisement to stay up or order for it to be removed.

IPSO
The IPSO is an independent regulatory body that
holds itself accountable for journalism in newspapers,
magazines and digital news. It is independent from the
government and therefore does not receive
government funding. The IPSO is funded through
independent publishers because it is not under the
British government.
Their main role is to decide what can and cant be published inside of magazines,
newspapers and digital news. It also enforces its rules and regulations when they are not
followed. The IPSO also takes action against journalists when complaints about them are put
forward by the public.
It was founded in September of 2014 after the Press Complaints Commission (PCC) was
disbanded. The PCC was replaced due to a lack of action and after dissatisfied publishers
made complaints. The call for a replacement began in July of 2011 by David Cameron but
the IPSO wasn't founded until September 2014.
https://www.ipso.co.uk/

How they do it
The IPSO uses the Editors Code of Practice to
regulate and enforce rules regarding the content
of newspapers and magazines.
The editors code of practice is a set of rules that
members who are regulated by the IPSO agree
to uphold in their publications. It is followed to
ensure professionalism among members, trust in
the members by the public and to protect the
rights of people.

Editors code of practice

https://www.ipso.co.uk/editors-code-of-practice/

Code application

The Editors Code of Practice is made up of 16

clauses or codes. Here are 3 examples.
Accuracy
This code covers the authenticity of what is published in media products like magazines or
newspapers. This code states that untrue information must not be included within media
content, and if it is then it should be removed and publications should be recalled.
This relates to magazine production because magazine writers and producers must fact
check their information, sources and material before including them in their publications.
This is related to Empire magazine because their writers need to research topics for their
articles. They would avoid breaching this code by cross checking information, checking
multiple sources and getting secondary opinions.

Clandestine devices and subterfuge

This code refers to people using hidden cameras, audio devices and other hidden
observation items that are used to gain information without a person's consent or
knowledge. It prevents the press, intermediaries, and other types of people from using the
previously mentioned equipment to gain information. However, these underhanded tactics
are only viewed as viable if there is no other way to get the information AND it is in the public
interest to do so.
This relates to magazine production because the producers will need to find information for
their articles through legal methods before writing begins.
This is related to Empire magazine because they conduct interviews with people involved in
filmmaking. They would avoid breaching this code by asking for consent to record the
interview, whether by audio or video. They would also put these recording devices in plain
view.

Discrimination
This law refers to any negative references to a person's gender, race, skin-tone and more.
People and the press cannot make references to it unless it is relevant.
This affects magazine production because writers will need to ensure that their articles do
not mention anything negative about a person's attributes or must not mention them at all.
This is related to Empire magazine because their articles can contain people of colour,
minorities and other people that could be discriminated against. This may be because a film
includes these types of people in them or these people were involved in making it. Empire
magazine would avoid breaching this code by ensuring that text in articles do not
discriminate against people intentionally or by accident. Writers and producers would proof-
read their work
multiple times to
ensure this does
not happen.

Judgment
After searching I
could not find a
judgement for
Empire magazine
or any film
magazine.
In this judgment a person,
Jacqueline Collins, complained
on the behalf of Arthur Collins
after claiming that an article
breached clause 1.
The article in the magazine
stated that Mr Collins had bad
conduct in prison. The family
complained and stated that this
was a lie, made-up and
inaccurate.
The publication claimed that
their source was reliable.
The IPSO investigated but
could not come to a
conclusion while the publisher
and complainant came to a
resolution so that any future
articles would not be
published before going
through the family.
This is relevant to Empire
magazine because the
magazine in this judgment
was accused of breaking the
accuracy clause which
Empire must also adhere to
despite being different genres of
magazines. Both magazines
would be required to be
accurate with the information
inside their articles before
publishing so they don't risk
breaching the clause.
ASA
In 1961 the Advertising Association decided that it was important for consumers to trust
advertisements for non-broadcast types of media. An American style of advertising
commission was put forward, but rejected in favour of the Committee of Advertising Practice.
The ASA was formed in 1962 as an independent regulator for the code of authority. In 1974
the ASA began taking 0.1% of the advertising costs for all advertisements, thus providing
them with necessary funding. In 1998 they gained the power to refer advertisers to a legal
team if they refused to cooperate with tier codes of compliance.
In 2004 the ASA gained power over TV and radio
advertisements.
The ASA has continued to evolve itself and its
policies in order to keep up with changes in modern
times.
https://www.asa.org.uk/about-asa-and-cap.html

How do they do it?

The ASA uses the Cap code as guidelines and rules for how companies should advertise
their products. They rely on companies being honest and truthful on their own, but when an
advertisement breaches codes they rely on consumers and other sources to inform them. At
this point the ASA would investigate and make a decision based on their results. If the
advertisement is not in breach of code it is ignored, but if it is breaching the code then the
ASA requests it is taken down or changed.

CAP code
https://www.asa.org.uk/codes-and-rulings/advertising-codes/non-broadcast-code.html
Code application

04: Harm and offence

This CAP code relates to the rules in place to prevent advertisements in magazines from
causing offence to people or putting them at risk of harm. This includes imagery, text and
videos. A focus is placed on not offending people based on age, gender, race, religion and
more.
This impacts magazine producers because they need to ensure that the advertisements that
they allow inside of their magazines in between the articles comply with the harm and
offence code. This means that they need to know what the advertisement actually looks like
and organise with the creator/owner of the advertisement.
This is relevant to Empire magazine because they advertise things like film concerts,
podcasts and festivals, but also websites like X which might have offensive or damaging
material on them. Empire will need to ensure that they avoid publishing adverts with content
that could cause harm and offence.

05: Children
This code refers to the treatment of children in the production of advertisements and
advertisements directed at children. This includes safety, peer pressure from other children
or adults and child behaviour.
This impacts magazine producers because they need to ensure that if any advertisements in
their magazines include or are targeted towards children, then they need to comply with the
child protection code.
This is relevant to Empire magazine because they can include advertisements for things like
film concerts, podcasts and festivals which children should not be attending or listening to
because they are too young and not the intended target audience.

06: Privacy
This CAP code refers to depictions of the general public, celebrities and people who are of
interest to the public in magazines and magazine articles. This covers how they are
depicted, discussed or displayed in advertisements. Permission might not be needed when a
published opinion of a person is not out of line with the views of the public. This code also
protects members of the royal family, and permission is needed before including them in any
advertisements. However any accidental references are allowed.
This impacts magazine producers because the advertisements they allow in their issues
might infringe on a person's privacy or contain information that was obtained through an
illegal method. They would need to cross check the information and ensure that it is all legal.
This is specific to Empire magazine because they allow advertisements in their issues that
could contain the private information of a different person that was illegally obtained.

Judgment
I could not find a judgement against Empire magazine or any magazines related to films.
Therefore I have found one against a different magazine. The advertisement was put down
as in breach of the 1.3 CAP code (responsible advertising) and cannot be published in its
current form. A reminder was also given to be more responsible when making
advertisements. This is relevant to Empire magazine because they have a responsibility to
their consumers to not be dishonest or promote dangerous lifestyles like the example in the
judgement.

The advertisement for clothing appeared in The Sunday Times Style magazine. The
accompanying photograph displayed the clothing on a model that people complained was
promoting unhealthy and unrealistic beauty standards that could put people in danger if they
tried to replicate the look.
After an ASA investigation they concluded that the angle of the shot highlighted the thinness
of the models body. They also noted the protruding hip bone though the clothes. This meant
that the ASA considered the body type too unhealthy and the advertisement was
irresponsible.