Taking a Look Into Some Legal and Ethical Issues that Affect the Interactive Media Industry

What does 'Ethics' mean?

Ethics refers to a branch of philosophy that deals with moral principles and values, and the criteria used to distinguish right from wrong in human behaviour. It is concerned with questions about what is the collectively good or bad, right or wrong, just or unjust - and the moral obligations or duties that individuals and society have.

Ethics can be seen as a systematic approach to making moral decisions, and it can be used to analyse and guide, it isn't perfect as every person will interpret the same dilemma in slightly different ways as we all have our own beliefs and experiences which shape these views, however there are some issues that a society can agree on being 'wrong' or 'unjustifiable', such as murder, for example. Not everything can be agreed upon however, and this is where a healthy debate can be formed.

There are many examples of media and industries with questionable ethics, unfortunately, our society is rampant with unethical behaviour. One example is the tobacco industry, which has a long history of misleading the public about the health risks of smoking and using advertising to target vulnerable populations, such as young people. There has been a shift in recent years in regards to the product design, where there are now warnings on the smoking products, however this has little effect on the consumer when they are already addicted to the product itself.

In media, there have been instances of unethical reporting practices, such as some tabloids have been accused of paparazzi tactics that invade celebrities' privacy far beyond reasonable rights, and publish unauthorised photos or information.

There is also 'Clickbait' which has been annoying news consumers for a while now; this practise was quickly formed once 'pay per click' news was formed. Clickbait is where a headline will lead a person to believe there is worthwhile information within an article, and once they've clicked into the article, they will find no such information whatsoever. However, as they've clicked into the article, the author, or their business through which they're employed to design such articles, has gotten their pay from the person clicking into the article. It is widely seen as a not-so-ethical way of getting paid; by falsely leading consumers into clicking onto articles only to feel frustratingly misinformed once they've done so. The most frustrating part of practises such as clickbait, is that they aren't technically illegal, only frowned upon.

These are just a few examples of the many instances where media and industries have acted unethically. It's important to recognise these unethical practises, to hold these institutions accountable and to promote ethical practices in all aspects of society.

As a writer, I personally feel my ethical responsibility heavily. I would not want to write a novel, for example, which has a story that is loosely-based around a friend's 'hopeless' situation, only to make money from it. Even if the novel's plot was only partly-based on said friend's bad circumstances, if I made money from it, this could be seen as a conflict of interest. This could also lead into problems such as privacy, I would need express, written consent from a person if I was to adapt their story into one of my own, perhaps omitting certain details or changing them completely, for example, their names, locations and the like, while remaining true to the story in a respectful way.

For example, when a movie is based on a true story, it's important for everyone involved in project to be respectful of the people and events being depicted, and to accurately represent the facts. However, there is often creative license taken when translating real-life events into a movie, which can lead to embellishment, dramatisation, or simplification of the truth. This can be a source of ethical dilemma, as the movie may not accurately reflect the real events and may spread misinformation. I have seen this personally in the case of Betty Broderick; in 1989, Betty Broderick shot and killed her ex-husband and his second wife in their home, which resulted in her being arrested and charged with their murder. After a highly publicised trial, she was found guilty and sentenced to 32 years to life in prison. Lots of TV shows, documentaries and books were produced to tell Betty's story, however lots of these adaptations of the story came with false information or false depictions of what is reported to have happened in real life, which is why I believe the case remains a strong subject of public interest and speculation, with some people viewing Betty as a victim of a broken legal system and others seeing her as a violent criminal.

In cases of adapting true stories into works of film, books, etc, it's important for artists to clearly distinguish between fact and fiction and to be transparent about the creative choices they made in adapting the story for the screen. They should also make efforts to respect the privacy and dignity of the real people and events being depicted.

The Media Effects Debate 

The Media Effects Debate is a long-standing discussion about the influence of the media on society, the central question being whether the media has a direct or subtle influence on it's audience. On one hand, some researchers argue that media exposure can have powerful and direct effects on individuals, such as changing their beliefs, attitudes, and behaviours. This perspective is referred to as the "hypodermic needle" or "magic bullet" theory.

On the other hand, other researchers argue that the media's impact is more indirect and complex, shaped by factors such as audience characteristics, motivations, and the wider social and cultural context in which media is consumed. This perspective is often referred to as the "uses and gratifications" or "cultural effects" theory. Overall, the media effects debate highlights the ongoing discussions about the role of media in shaping our thoughts, beliefs, even our actions, and the need for continued research and analysis to better understand this relationship so we can use it more responsibly.

Personally, I believe the answer can be found in how media is used; when used in a positive, this can stimulate individuals to lead healthier lives with a good attitude, on the other hand, when media is used negatively, individuals have poor mental health, poor self esteem and body image, tend to be more lethargic and have a poor outlook on life. I think this comes from the way content is created - with so much information on how we think and react to certain colours, shapes and language, it's no wonder that content can influence us without us even being aware of it. Psychology plays a huge role here, this relates to how each individual reacts to a single piece of content, this isn't even acknowledging the fact that social media tracks our patterns online and can use information on how we spend money, what we like to see and what we don't, what makes us look longer at a particular content. If media alone can influence this upon a person, this shows the impact of it being very strong and how those who create and distribute media all bear the responsibility to use this influence ethically.

In the context of social media and body image, the media effects debate is very clearly divided; some researchers argue that exposure to idealised images of bodies on social media can have a direct, immediate and negative impact on body dissatisfaction and eating disorders. This perspective is referred to as the "social comparison" theory, which suggests that individuals who are exposed to images of attractive and thin bodies on social media may compare themselves to these idealised, often completely fake and edited images and feel dissatisfied with their own bodies. For example, a study might find that after spending time on social media, individuals report lower body satisfaction and greater engagement in unhealthy weight control behaviours such as disordered eating and extreme weight loss methods (which as almost always dangerous and unhealthy).

On the other hand, other researchers argue that the relationship between social media and body image is shaped by individual differences such as pre-existing body dissatisfaction and personality. This perspective is often referred to as the "uses and gratifications" theory, which suggests that individuals who are already predisposed to body dissatisfaction and disordered eating may be more likely to seek out and engage with social media content related to body image. For example, a study might find that individuals who score high on measures of body dissatisfaction are more likely to spend time on social media and to report negative impacts on their body image.

Knowing of the media effect debate influences the way I write, as I feel I understand how media influences individuals and society, and I wish to use my words in a responsible way. I personally believe that media does indeed impact the way a person can think about themselves in a strong way, whether in a positive or negative light. These self views can lead to dangerous actions, not just on the individuals themselves, but depending on the severity of the actions, they can indirectly affect others too. As a writer, I want to be responsible for bringing light into others' lives, not doubt or darkness.

Representation in Media 

Ethical representation in media refers to the responsibility that those who create and distribute media to the masses have to accurately and fairly represent individuals, groups and events in a way that respects their dignity, rights and well-being. In this fair representation, media avoids harmful stereotypes that can reinforce prejudice and discriminatory thinking.

Things to consider when trying to accurately represent something would be to ask oneself if the representation is accurate, objective and fair. When making a historical documentary, for example, the producers should produce the documentary without bias, so as not to lead the audience in a particular direction of the producers' own views. One should also consider the potential impact of their work on society, whether their work will reinforce stereotypes or challenge them and represent them in a more accurate and fair way. I feel a good way of checking fair representation would be to invite groups that are being represented into the project itself and to have them provide feedback.

An example of representation in the media is the representation of women in movies and TV shows; for a long time, women were only depicted in traditional gender roles and didn't have much to add to a story unless they were a damsel in distress. Men alone were depicted as strong and independent, in positions of power and the driver of the plot. This type of representation can reinforce dangerous stereotypes of and to women, it also perpetuates gender inequality. In more recent years, thankfully, women have had more diverse and accurate representation in media. Women have been featured more prominently in lead roles, having a wider range of careers and experiences, which challenge gender stereotypes, such as in movies like Kill Bill (2003-2004) starring Uma Thurman as, "The Bride". It's a two-part movie that tells the story of a former assassin who seeks revenge on her former boss and his associates.

I am very aware of how representation in my own work can help shape cultural norms and beliefs, not to mention have a direct impact on the experience of individuals or communities that are represented, so there is lots of responsibility on myself, as a writer, to be mindful with my work. If I write stores that feature characters from backgrounds different to my own, I have to research these backgrounds, perhaps make contact with people from that group and ask for feedback or guidance (which is something I've seen acknowledged in books I've read in the epilogue or 'thanks to' pages in the back) within my work. In this way, I can challenge harmful stereotypes and promote more accurate and respectful representations. By creating complex, multi-dimensional characters, I can help broaden the cultural narrative and promote inclusiveness within the world. All it takes is the individual creator to promote good change.

By not being inclusive to diverse groups and communities, really, creators can hinder themselves and their work. For example, lots of clothing and fashion brands limit their audience and customers by not including average sizes, particularly for women. This heavily limits their own income, as women who are average or plus size won't buy their product, therefore not having more inclusive sizing lessens how much capital they can produce.

The Legal Side of the Media Industry

Intellectual Property 

Intellectual Property (IP) refers to the intangible creations of the human intellect, it encompasses a broader range of works than Copyright does. Inventions, literary and artistic works, symbols, names, images and designs are just some of the examples of IP. IP law is concerned with protecting those intangible assets, through the use of patents, trademarks and copyrights. This protects the creators from their work being used without their permission, so they can benefit from their ideas and be motivated to continue producing new work without the fear of their work being stolen or used without their permission.

An example of copyright infringement in the media industry would be the case of the band, Led Zepplin versus Spirit. Spirit sued Led Zepplin for copyright infringement over their famous song 'Stairway to Heaven' in 2016 - Spirit alleged the opening riff of the song was copied from a song called 'Taurus'. After a lengthy battle, a jury ruled in favour of Led Zepplin, finding the band did not steal the opening riff from 'Taurus'. It was a notable case in the music industry, having significant impacts on copyright laws.

As a writer myself, I have to be aware of copyright laws to ensure that my work is protected from infringement and to also avoid infringing on the work of others. As I would like to have exclusive rights to use and distribute my work, and prevent others from using or copying it without my permission, I need to respect the copyrights of others, by not using or copying their work, either. I can take steps to protect my work by registering it with a copyright office and by displaying copyright notices on my work. In addition, I make sure not to use copyrighted material in my work without permission from the owner.

The Data Protection Act of 2018 

The Data Protection Act is a law in the United Kingdom that governs the collection, use and storage of personal data. It was introduced to bring the UK's data protection laws in line with that of the EU's GDPR laws, which came into effect in May of 2018. The Data Protection Act of 2018 sets out the rights of individuals in society with regard to their personal data, and imposes rules and laws on organisations that collect, process and store personal data.

A notable example of a data breach was the Cambridge Analytica scandal that involved Facebook. In 2018, it was revealed that Cambridge Analytica had harvested the personal data of millions of Facebook users without their consent. The data was then allegedly used to influence the outcome of the presidential election in the US in 2016. Either way, it was a clear violation of GDPR. The scandal led to a huge public outcry and further scrutiny of Facebook's data handling practises, which resulted in big changes in the company's policies.

Personally, I collect and process personal data, such as the names and email addresses of my readers, subscribers and customers. Therefore I'm responsible for protecting personal data and ensuring I comply with data protection laws. This means I have to get consent to collect and process personal data, keep the data secure, and make sure it is only used for the purposes for which it was collected. Failure to comply with data protection laws can result in huge fines and damage to one's reputation. It's important to take data protection seriously.

Defamation 

Damaging the reputation of an individual or entity by making a false statement or claim about them to a third party is called defamation. This can take the form of either slander (spoken defamation) or libel (written or published defamation), and can end in legal action being taken against the person or entity responsible for making the false statement/claim.

In the media, Rebel Wilson successfully sued Bauer Media for defamation in 2017. The case was centred around a number of articles that Bauer Media published, claiming Rebel Wilson had lied about her age, name and upbringing. She argued that these false claims led to her reputation being damaged and a drop in her career. The court ultimately ruled in her favour and awarded her $4.5 million in damages. This is a good example of how libel an lead to lawsuits for damage to one's work or reputation.

It's important to be aware of the potential for libel or slander when writing about real people, events or organisations. Accusations or claims of libel or slander can damage a writer's reputation and lead to lawsuits or fines if one isn't aware and takes the necessary steps to be careful. It is essential to make sure that any claims or statements within your work are accurate and supported by evidence. If you're concerned about potential legal issues with your writing, it's a good idea to consult with a legal expert.