analysis of a text on regulation

This article seeks to explain media regulation and offer several existing views on it from people who are in the industry and those who've theorised on it. the point it starts off with is the way the press was regulated in the UK. In the UK it used to be that the press regulated themselves with occassional public intervention through the PCC (press complaints commission), this system is now being reformed in the wake of the phone-hacking scandal and the leveson enquiry. however the aftermath of these events will not abolish a free press. A free press is an important feature of a democracy, especially when comparing your own country to regimes like those in North Korea and Iran. This means that instead of directly controlling the press a new stronger governing body will have to be set up.

analysis of the Byron report

The Byron report is in its own way against regulation of the internet. It recognises the internet as an incredibly useful tool for creativity and education. However it is also mindful of the potential dangers on the internet and has a recurring point of creating 'resilience' in future generations to the harm that they may encounter. it also looks quite closely at regulation on schools and points out flaws in the current controlled system of blocking certain sites, Byron argues that by not showing children what bad there is on the internet they will never know how to confront it and so suggests a more relaxed, managed system

Moral Panics

What are moral panics?

A moral panic is when 'a condition, episode, person or group of persons emerges to become defined as a threat to societal values and interests; its nature is presented in a stylised and stereotypical fashion by the mass media'-Stan Cohen Folk devils and moral panics. so a problem is identified , the media report on this problem by representing and making free use of stereotypes, social reaction follows, and the final nail in the coffin is the introduction of social controls.

some Contemporary moral panics
>the aftermath of the Sandy Hook shooting
>Paedophilia- Scandals in schools and the catholic church
>Bullying
>healthy eating- 5-a-day, school meals
>knife crime

Problems with moral panics
> mass media can radicalize the population
>can cause unnecessary or overly harsh laws on the demonized minority group
>can be quite varied (either incredibly short term impacts or a  long lasting stigma)

Labelling theory
labelling theory is the idea that all of our actions are judged and labelled by the reactions of others e.g. a mother mildly smacks her child on the backside, some passers by may react with a dissaproving sigh, but the reaction and the law wold deem this an acceptable punishment

The Fallout series-Bethesda Vs. Interplay

Interplay was threatened with bankruptcy and sold the full Fallout franchise to Bethesda, but kept the rights to the Fallout MMO through a back license in April 2007 and began work on the MMO later that year. Bethesda Softworks sued Interplay Entertainment for copyright infringement on September 8, 2009, regarding the Fallout Online license and selling of Fallout Trilogy and sought an injunction to stop development of Fallout Online and sales of Fallout Trilogy. Key points that Bethesda were trying to argue is that Interplay did not have the right to sell Fallout Trilogy on the Internet via Steam, Good Old Games or other online services. Bethesda also said that "full scale" development on Fallout Online was not met and that the minimum financing of 30 million of "secured funding" was not met. Interplay launched a counter suit claiming that Bethesda's claims were meritless and that it did have the right to sell Fallout Trilogy via online stores via its contract with Bethesda. Interplay also claimed secure funding had been met and the game was in full scale development by the cut off date. Interplay argued to have the second contract that sold Fallout voided which would result in the first contract that licensed Fallout to come back into effect. This would mean that Fallout would revert back to Interplay. Bethesda would be allowed to make Fallout 5. Bethesda would also have to pay 12% of royalties on Fallout 3, Fallout: New Vegas, Fallout 5 and expansions plus interest on the money owed. On December 10, 2009, Bethesda lost the first injunction.

Bethesda shortly afterword tried a new tactic and fired its first lawyer, replacing him and filing a second injunction, claiming that Bethesda had only back licensed the name Fallout but no content. Interplay has countered showing that the contract states that they must make Fallout Online that has the look and feel of Fallout and that in the event Interplay fails to meet the requirements (30 million minimum secure funding and "full scale" development by X date) that Interplay can still release the MMO but they have to remove all Fallout content. The contract then goes on to list all Fallout content as locations, monsters, settings and lore. Bethesda has known that Interplay would use Fallout elements via internet emails shown in court documents and that the contract was not just for the name. The second injunction by Bethesda was denied on 4 August 2011 by the courts. Bethesda then appealed the denial of their second preliminary injunction. Bethesda then sued Masthead Studios and asked for a restraining order against the company. Bethesda was denied this restraining order before Masthead Studios could call a counter-suit. Bethesda then lost its appeal of the second injunction.

Bethesda then filed motion in limine against Interplay. Interplay then filed a motion in limine against Bethesda the day after. Shortly after, the trial by jury which Bethesda requested on October 26, 2010 was changed to a trial by court because the APA contract (aka the second contract that sold Fallout to Bethesda) stated that all legal matters would be resolved via a trial by court and not a trial by jury. The trial by court began on December 12. In 2012, in a press conference Bethesda revealed that in exchange for 2 million dollars, Interplay gave to them full rights for Fallout Online. Interplay's rights to sell and merchandise Fallout, Fallout 2 and Fallout Tactics: Brotherhood of Steel will expire on December 31, 2013.

Case Studies

These are the specific examples I will be using as case studies. I will make seperate blog posts going into further detail on each case


Regulation in the press

>Leveson enquiry

>wikileaks and Julian Assange

Regulation in video games

The Fallout series-Bethesda soft-works Vs. Interplay

The warcraft 3 and DOTA (Defense Of The Ancients) case-Blizzard Vs. Valve software

Prompt questions

1. What is the nature of contemporary media regulation compared with previous practices?

2. What are the arguments for and against specific forms of contemporary media regulation?

3. How effective are regulatory practices?

4. What are the wider social issues relating to media regulation?

Press regulation

Most democratic countries have a free press. This means that the press works within the European convention of human rights, specifically articles 8 and 10. Article 8 is an individuals right to privacy, and article 10 is the right to freedom of expression. This means that the press can publish any article it wants as long as it doesn't intrude on a persons privacy (at least without their previous permission). Another key feature of the press is self regulation. This means that there's no external governing body for the press, it's trusted to look after itself.