Saturday, June 27, 2009

www.leeds.ac.uk/law/hamlyn/princess.htm
log on for press vs. privacy in United Kingdom

press Freedom-United Kingdom

Legal Framework
There is no written constitution or comprehensive Bill of Rights; Britain's constitution is to be found partly in conventions and customs and partly in statute. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown.The British legal system provides some remedies to deal with human rights abuses. For instance, the remedy of 'habeas corpus' secures the individual's right to freedom from any unlawful or arbitrary detention.Parliament, however, has power to enact any law and change any previous law.There is no fundamental distinction between 'public law' and 'private law'. Any person can take proceedings against the Government or a local government authority to protect his or her legal rights and to obtain a remedy for any injury suffered.Britain has not generally codified its law and courts adopt a relatively strict and literal approach to the interpretation of statutes. The ratification of a treaty or international convention does not make it automatically part of the domestic law. Where necessary, the Government amends domestic law to bring it in line with the convention. Because of Britain's membership of the European Community, Community law is part of British law and takes precedence in the event of conflict between the two.

International Arrangements
Since the Universal Declaration of Human Rights is not a legally binding document, the UN General Assembly adopted, in 1966, the 'International Covenant on Economic, Social and Political Rights' and the 'International Covenant on Civil and political Rights'. Britain ratified both covenants in 1976.Britain is bound by the Council of Europe's 1953 'European Convention for the Protection of Human Rights and Fundamental Freedoms'. The Convention allows individual petitions against governments to the European Commission on Human Rights, if all possible domestic remedies have been exhausted. Since 1966 Britain has accepted the right of individual petition under the Convention and the compulsory jurisdiction of the European Court of Human Rights. The outcome of some cases has led to changes in British law to improve human rights, for example the abolition of corporal punishment in state schools and improved rights for prisoners.Britain is not a party to the Convention's Fourth Protocol (Freedom of Movement) because of inconsistency with some aspects of the United Kingdom immigration control system nor the Sixth Protocol (abolition of the death penalty).

Related provision for 'free Press"

Section 19 Freedom of Expression
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.
(1) Restrictions include the official secrets, civil defamation, criminal libel, obscenity, sedition, incitement to racial hatred, and contempt of court.
(2) There are legal remedies against defamation. Fair comment on matters of public interest may be a defence. Proof that the alleged defamatory matter is true is also a defence. In the same way, frank discussion of sexual problems is not considered to be an infringement of the law on obscenity.
(3) There is no state control or censorship of the press. Foreign language papers are freely imported.
(4) British broadcasting is based on the tradition that it is a public service accountable to the people through Parliament. Television and radio services are provided by the British Broadcasting Corporation (BBC). Other operators are licensed individually by the Independent Television Commission (ITC)and the Radio Authority. The responsibilities of these public bodies are set out in legislation. The Government itself is not responsible for program content or broadcasters' day-to-day conduct of business.
(5) The independence of the broadcasters requires them to maintain certain standards regarding programs and program content. Under the relevant legislation and the codes of practice applied by the broadcasting authorities, programs must display, as far as possible, a proper balance and wide range of subject matter, and impartiality in matters of controversy. There are also rules relating to violence and standards of taste and decency in television programs, particularly during hours when large numbers of children are likely to be watching. Broadcasters must also comply with the general law relating to obscenity and incitement to racial hatred.
(6) According to 1991 European agreements on cross-border broadcasting, programs may not be indecent, contain pornography, give undue emphasis to violence, or be likely to incite racial hatred. Nor should programs unsuitable for children be broadcast when they can be expected to be watching.
(7) Theater: There is no censorship of plays. It is, however, a criminal offence to present or direct an obscene performance of a play in public or private. Such a performance is defined as one which, taken as a whole, tends to 'deprave and corrupt persons who are likely to attend it'. There is a defence against an obscenity charge on the grounds that the performance is for the public good in the interest of drama, opera or literature.
(8) Films and Video: Government has no power to censor films. Cinemas are licensed by local government authorities, which have a legal duty to prohibit the admission of children under 16 to unsuitable films, and may prevent the showing of any film, although this particular power is hardly ever exercised. In assessing the suitability of films, authorities rely on the British Board for Film Classification, an independent non-statutory body to which films offered to the public must be submitted.


Section 16 Right to Privacy
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Every one has the right to the protection of the law against such interference or attacks.
(1) The common law allows people to speak and act in their own homes as they please and to carry on their daily business, provided that they do not infringe the rights of others or commit an offence.
(2) Parents are free to bring up their children as they so wish, provided that they do not infringe laws against cruelty and exposure to moral and physical danger. Parents also have to observe the law regarding compulsory education of their children.
(3) Is a criminal offence for a man to commit a homosexual act with a person under the age of 18. The age was changed from 21 to 18 with a vote of 336 to 129. A 1999 bill to further reduce that age to 16 has failed.
(4) Privacy and the Press: Action is being taken by the Government to deal with media intrusion into the privacy of individuals. The law against libel gives protection against attacks on a person's honor and reputation.
(5) Some other forms of intrusion are criminal offenses, for example, the use of unlicensed radio transmitters for bugging, the harassment of tenants to make them quit, or the sending of unsolicited obscene material through the post. Other attempts to obtain private information may involve offenses of criminal trespass.
(6) Interception of Communications: Legislation authorizes governmental interception of postal and telephone services but only on certain limited grounds. Any interception outside these procedures is a criminal offence.
(7) Computers: Under the Data Protection Act 1984, which gives effect to a Council of Europe Convention, data users are required to register a description of the personal data they hold, the purposes for which they use it, the sources from which they obtain it and the categories of person to whom they may disclose it. They must also provide an address to which data subjects may write for access to the data. Individuals have the legal right to know about the data held on them and the right toask a court to have factually wrong or misleading data corrected or deleted. In addition they have the right to claim compensation for damages if the data are lost, inaccurate, or disclosed without authority.
Source: Bill of Rights
Part 5, Section 51 ( in total)

Press Freedom-U. S. Constitution

Provision of Free Press Under U. S. Constitution
Amendment 1 - Freedom of Religion, Press, Expression.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Freedom of Expression
It is often said that one of the rights protected by the 1st Amendment is the freedom of expression. This site, in fact, uses that term in its quick description of the amendment: "Freedom of Religion, Press, Expression." But "expression" is not used in the amendment at all. This term has come to be used as a shorthand, a term of art, for three of the freedoms that are explicitly protected: speech, petition, and assembly. While the use of "freedom of expression" is ubiquitous in this area of 1st Amendment study, it is important to note exactly what "freedom of expression" refers to - let this be such a note.

(Absolute) Freedom of Speech and Press
The Constitution does protect the freedom of speech of every citizen, and even of non-citizens — but only from restriction by the Congress (and, by virtue of the 14th Amendment, by state legislatures, too). There are plenty of other places where you could speak but where speech can and is suppressed. For example, freedom of speech can be and often is restricted in a work place, for example: employers can restrict your right to speak in the work place about politics, about religion, about legal issues, even about Desperate Housewives. The same restrictions that apply to the government do not apply to private persons, employers, or establishments. For another example, the government could not prohibit the sale of any newspaper lest it breech the freedom of the press. No newsstand, however, must carry every paper against its owners' wishes.

Amendment 1 - Freedom of religion, press
In my opinion, the First Amendment is the single most important part of the Constitution. It protects some of the most basic human rights and reflects a view of the dangerous places government might tread.

The ability to speak your mind is a right that Americans take for granted. Imagine being too frightened by the possible consequences of speaking out to actually do so. Your opinion would not matter - even your vote would be corrupted. Even as important is the right to petition your government - not only can you have an opinion about your government, the government must listen to you (though it need not heed you - but that's what elections are for).

Some of the first colonists of the nation for which the Constitution was written had been seeking to escape religious persecution. The constitutions of several of the states prohibited public support of religion (though some did explicitly support or demand adherence to Christianity). Above all, the many varying sects of Christianity in America required that to be fair to all, there could be preference to none. It would have been disgraceful for anyone to wish to leave the United States because of religious persecution. So the authors decided it best to keep the government out of religion. This is not to say that the United States was not or is not a religious nation. Religion plays a big role in the everyday life of Americans, then and now. But what the authors were striving for is tolerance... something I fear contemporary Americans are lacking.
As for the press, the authors regarded a free press as almost a fourth branch of government, constantly keeping tabs on the government's activities and actions. Though today's tabloid papers and television might give one pause, this kind of trash is a small price to pay to ensure that any news organization can rest assured that it can report freely on the activities of the government. Many other organizations in other nations have to worry about toeing the state's line or be shut down. How objective do you think a reporter can be when his life could be ended because of a critical story?

Miscellaneous Research

Miscellaneous Research

Market studies: a market study investigates the opinions and perceptions of the entire market, usually within a specific age range, such as 25 to 54 year olds. There are no requirements for respondents to meet in terms of stations listening or viewing, and the sample matches the population and distribution and makeup of the market.

Format studies: a format study for a radio station involves a sample of respondents who listen to or prefer a certain type of music. These respondents who listen to or prefer a certain type of music. These respondents are asked a series of questions to determine which stations provide the best service in a variety of areas, such as music, news, traffic reports, and community activities.

Format search studies: the title of the study explains its purpose to find an available radio format in a given market.
Program element importance. A program element importance study identifies the specific elements on radio or television that are most important to a specific audience.

Station image: it is important for a station’s management to know how the public perceives the station and its services. Public misperception of management’s purpose can decrease an audience’s size and, consequently, advertising revenue. It is important that the audience and advertisers be aware of this change and have a chance to voice their opinions.

Personality (talent) studies: radio and TV managers of successful stations constantly test the on-air personalities. Personality studies are often conducted for stations to find new talent from other markets, or even to test personalities who are on other stations in the market with the intent of hiring them in the future.

Advertiser (account) analysis: to increase the value of their service to advertisers, many stations administer questionnaires to local business executives. Some typical questions are, ‘When did your business open?” “How many people own this business?” “How much do you invest in advertising per year?” “How do you expect from your advertising?”

Account executive research: radio and TV station managers throughout the country conduct surveys of advertising agency personnel, usually buyers, to determine how their sales executives are perceived. It is vitally important to know how the buyers perceive the salespeople.

Sales research: in an effort to increase the sales, many stations themselves conduct research for local clients.

Diversification analyses: The goals of any business are to expand and to achieve higher profits. In an effort to reach these goals, larger stations, partnerships, and companies engage in a variety of studies to determine where investments should be made. Should other stations be purchased? What other types of activity should the business invest in?

TV programming research: this is a broad category that includes testing local news programs, promotional material used by the station, entertainment programming, and everything else that might appear on the station.

Tuesday, June 23, 2009

Related Research Terms

Related Ratings Concepts

Metro Survey Area (MSA) correspondents to the Consolidated Metropolitan Stastistical Areas (CMSA) for the country, as defined by the U.S. Office of Management and Budget. The MSA generally includes the town, the county, or some other designated area closest to the station’s transmitter.

Designated Market Area (DMA), another area for which ratings data are gathered, defines each television or radio market in exclusive terms. Each area has belongs to one and only one DMA.

Total Survey Area (TSA) includes the DMA and MSA as well as some other areas the market’s stations reach (Known as adjacent DMAs). Broadcasters are most interested in TSA data because they represent the largest number of households or persons. However, advertising agencies look at DMA figures when pruchasintg commercial time for television stations and MSA figures when purchasing radio time.

Average Quarter-Hour (AQH) is an estimate of the number of persons or households tuned to a specific stations for at least 5 minutes during a 15 minute time segment. These estimates are provided for the TSA, NSI, DMA, and MSA in all ratings books. Stations are obviously interested in obtaining high AQH figures in all demographic areas because these figures indicate how long an audience is tuned in, and thus how loyal the audience is to the station.

Cumulative audience (cume) or reach is an estimate of the number of persons who listened to or viewed at least 5 minutes within a given daypart. The cume is also referred to as the ‘unduplicated audience.”

Gross Rating Points (GRPs) are a total of a station’s ratings during two or more day parts and estimate the size of the gross audience. Advertising purchases are often made via GRPs.

Tips for Nonratings Research

Nonratings Research
Ratings provide estimates of audience size and composition. Nonratings research provides information about what the audience likes and dislikes analyses of different types of programming, demographic and lifestyle information about the audience, and much more. These data provide decision makers with information they can use to eliminate some of the guess work involved in giving the audience what it wants.

Nonrating research is important to broadcasters in all markets, and one characteristic of all successful broadcast or cable operations is that the management uses research in all types of decision making.

Although audience ratings are the most visible research data used in broadcasting, broadcasters, production companies, advertisers, and broadcast consultants use numerous other methodologies.

Frank Bell, VP/Programming for Keymarket Communications, Inc. says:
Local market research provides something unattainable from inside a radio or TV station: the unvarnished perspective of those wonderful people who actually tune in every week and keep us in business. As a wise man said many years ago, ‘The only reality that counts is that of the audience.”

Some of the nonratings research conducted in the electronic media:
Program Testing
It is now common to taste these products in each state of development: initial idea or plan, rough cut, and postproduction. A variety of research approaches can be used in each stage, depending on the purpose of the study, the amount of time allowed for testing, and the types of decisions that will be made with the results. The researcher must determine that information the decision makers will need to know and must design an analysis to provide that information.

Since major programs and commercials are very expensive to produce, producers and directors are interested in gathering preliminary reactions to a planned project. It would be expensive to spend big sum of money that has no audience appeal.

One basic way to collect preliminary data is to have respondents read a short statement that summarizes a program or commercial and asks them for their opinions about the idea, their willingness to watch the program, or their intent to buy the product based on the4 description. The result may provide an indication of the potential success of a program or commercial.
Examples of Program Testing: rough cuts, storyboards, photomatics, animatics, or executions.
The rough cut is a simplistic production that usually uses amateur actors, little or no editing, and makeshift sets. The other models are photographs, pictures, or drawings of major scenes designed to give the basis idea of a program or commercial to anyone who looks at them.
The tests provide information about the script, characterizations, character relationships, settings, cinematic approach, and overall appeal.

Commercials can also be tested in focus groups, shopping center intercepts, and auditorium-type situations. Commercials are not usually shown of television until they are tested in a variety of situations. The sponsors do not want to communicate the wrong message to the audience.

Monday, June 15, 2009

Research in Electronic Media
Ratings research: provides estimates of audience size and composition
Non-Ratings research: provides information about what the audience likes and dislikes, analyses of different types of programming, demographic and and lifestyle information about the audience.

Rating Research
Nielson Media Research:
They are best known for TV audience research
In national ratings they use Nielson people meter.
What is people meter? P. 330
Describe their 4 stages in sampling. p. 332



Rating Research
Arbitron research
They are best known in the US for its radio measurement.
Information radio ratings by collecting information using diaries.
Limitations
Ratings are only estimates
They do not measure quality of programs or opinions.
Not all ratings are equally dependable.
Data must be interpreted in light of these limitations
Gathering Data
Nielson People Meter
Record in Diaries
Telephone Coincidental
People meters
See p. 333
Concerns??? P. 336

Arbitron-Diary
Nielsen Diary
What is Rating?
Rating is the percentage of people or households with a TV or a radio tuned to a specific station, network or channel
Rating = People or households
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Population
What is Share?
HUT: Total number of homes using TV
PUR: Persons using radio
A share of the audience is the percentage of the HUT or PUR that is tuned to a specific station, network or channel
Share = People or households
------------------------------
HUT or PUR
What is CPM?
CPM: what it costs an advertiser to reach 1000 persons
CPM = Cost of ad
------------------------------
Audience in thousands

Related Concepts
What is Total survey area (TSA)?
What is average quarter-hour (AQH)?
What is gross rating points (GRP)?
What is audience turnover?
Non-Rating research
Program testing
ER for example
Non-Rating research
Music research
What is a hook?
Describe Auditorium tests
What is callout research?

Non-Rating research
Performer Q
Who is your favorite performer and why?