1 Media Content Regulation: Its impact in the new media world Andrea Millwood Hargrave Taiwan November 2008

2 Changes in TV marketplace Changes in TV marketplace Spectrum scarcity Spectrum scarcity Delivery platforms Delivery platforms From delivery to access to creation From delivery to access to creation Television screen to pc to mobile Television screen to pc to mobile Linear and non-linear Linear and non-linear Different levels of regulation worldwide Different levels of regulation worldwide Increasing concerns about societal needs Increasing concerns about societal needs

3 Research across media content delivery systems Research across media content delivery systems Sponsored by regulators and industry (2008 Update) Sponsored by regulators and industry (2008 Update) Conducted with support of London School of Economics Conducted with support of London School of Economics To provide a firm base for policy-making and decisions on content Harm and Offence in Media Content: A review of the evidence

4 Scope Scope Recent research on harm and offence (2000 +) Recent research on harm and offence (2000 +) Update: research on harm only from 2005 Update: research on harm only from 2005 Mainly English-language based Mainly English-language based Academic, but also industry and regulator research Academic, but also industry and regulator research Empirical evidence, not descriptive data Empirical evidence, not descriptive data Over 1000 pieces of evidence Over 1000 pieces of evidence All media All media NOT benefits of media content NOT benefits of media content NOT illegal content, health-related harms, financial harms NOT illegal content, health-related harms, financial harms

5 Harm: Harm: Widely (but not necessarily) seen to be objective and measurable Widely (but not necessarily) seen to be objective and measurable Can affect both the media user and others (individual, group, society) Can affect both the media user and others (individual, group, society) Demands prevention – including public intervention? Demands prevention – including public intervention? More difficult to prove? More difficult to prove? Different types of harm Different types of harm Changed attitudes or beliefs affecting the individual Changed attitudes or beliefs affecting the individual Changed behaviours, including the increased propensity to hurt others Changed behaviours, including the increased propensity to hurt others Emotional responses Emotional responses Definitions: Harm

6 Offence: Offence: Is more subjective Is more subjective Is easier to measure but less reliable? Less predictable? Is easier to measure but less reliable? Less predictable? Affects the individual Affects the individual Not long-term Not long-term Less important for public policy? Less important for public policy? – when does offence become harm? – when does offence become harm? Definitions: Offence

7 Findings: Television Findings: Television Most research conducted for this medium (benefits as well as negative effects) Most research conducted for this medium (benefits as well as negative effects) Drives most media research – but Drives most media research – but television as a mass medium television as a mass medium regulated in Europe, less regulated in US regulated in Europe, less regulated in US viewing experience different viewing experience different concentrated on children and young people concentrated on children and young people experimental methodology in US/ varied methodologies in Europe experimental methodology in US/ varied methodologies in Europe Evidence suggests that television can negatively affect attitudes in some areas (antisocial and/or aggressive behaviour, reality-defining effects) Evidence suggests that television can negatively affect attitudes in some areas (antisocial and/or aggressive behaviour, reality-defining effects)

8 Findings: Internet Findings: Internet Increasingly important – and increasingly researched Increasingly important – and increasingly researched Research regarding potential for harm concentrates on adolescents Research regarding potential for harm concentrates on adolescents Recent research has looked at social networking sites, but little as yet on user-generated content (some on commercial nature of medium)/mobile Recent research has looked at social networking sites, but little as yet on user-generated content (some on commercial nature of medium)/mobile Difficulty of verifiability and anonymity which leads to ‘surrender’ of privacy Difficulty of verifiability and anonymity which leads to ‘surrender’ of privacy Risk of inappropriate contact and increased accessibility/availability Risk of inappropriate contact and increased accessibility/availability Limited use made of possible protective measures Limited use made of possible protective measures Research on online pornography esp. with regard to children Research on online pornography esp. with regard to children

9 What do the findings tell us? What do the findings tell us? Evidence base is patchy Evidence base is patchy more established media little researched but still important more established media little researched but still important newer media forms little researched – evidence anecdotal newer media forms little researched – evidence anecdotal importance of conditions of access importance of conditions of access Research shows little sign of convergence - tv- driven? Research shows little sign of convergence - tv- driven? Research concentrated around harms – repeated offence? Research concentrated around harms – repeated offence? BUT vulnerable groups BUT vulnerable groups

10 Challenges for policy-making Challenges for policy-making Legal instruments being created with little research evidence – and policy making? Legal instruments being created with little research evidence – and policy making? Increasing reliance on media literacy Increasing reliance on media literacy Difficulty of ‘reading’ the data and contingent outcomes Difficulty of ‘reading’ the data and contingent outcomes

11 Changes in regulation

12 Mechanisms of co-regulation Code of practice or guidelines Code of practice or guidelines Complaints handling/Sanctions Complaints handling/Sanctions Governance/impartiality Governance/impartiality Lay members vs industry Lay members vs industry Backstop powers – government or statutory regulator Backstop powers – government or statutory regulator

13 Mechanisms of self-regulation Code of practice or guidelines Code of practice or guidelines Complaints handling Complaints handling Sanctions Sanctions Governance/impartiality Governance/impartiality Lay members vs industry Lay members vs industry

14 European Initiatives European Initiatives Most significant supported by the Safer Internet Programme of the EU – second phase Most significant supported by the Safer Internet Programme of the EU – second phase The 4-year programme (2005–08) has budget of The 4-year programme (2005–08) has budget of € 45m The programme has four main actions: The programme has four main actions: Fighting against illegal content Fighting against illegal content Tackling unwanted and harmful content Tackling unwanted and harmful content Promoting a safer environment Promoting a safer environment Awareness-raising Awareness-raising

15 UK Initiative Backed by government department (Home Office) and by industry Backed by government department (Home Office) and by industry UK Home Office Taskforce for Child Protection on the Internet published guidelines to advise on internet safety issues - includes advice on online searching and moderation UK Home Office Taskforce for Child Protection on the Internet published guidelines to advise on internet safety issues - includes advice on online searching and moderation Aimed at internet users and internet safety awareness raisers. Aimed at internet users and internet safety awareness raisers. For example, the guide on safe searching outlines how online search engines work and gives practical advice for internet users, particularly children, to benefit from these services safely. It also addresses search providers, and their role in supporting child protection online. The information explains the distinction between 'potentially harmful' and 'illegal content' from a UK perspective. For example, the guide on safe searching outlines how online search engines work and gives practical advice for internet users, particularly children, to benefit from these services safely. It also addresses search providers, and their role in supporting child protection online. The information explains the distinction between 'potentially harmful' and 'illegal content' from a UK perspective. The Good Practice Guide to Moderation is primarily aimed at organisations and companies that provide interactive services online. The detailed information covers all aspects of moderation, including an explanation of the different methods that can be used, and practical advice on how to recruit and train moderators. The Good Practice Guide to Moderation is primarily aimed at organisations and companies that provide interactive services online. The detailed information covers all aspects of moderation, including an explanation of the different methods that can be used, and practical advice on how to recruit and train moderators.

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17 Findings: Games Findings: Games Nature of electronic games has changed – research not always keeping up with it – patchy evidence Nature of electronic games has changed – research not always keeping up with it – patchy evidence Like television, argued about from different disciplinary traditions Like television, argued about from different disciplinary traditions Concerns mainly about violent content, due to immersive nature of gaming Concerns mainly about violent content, due to immersive nature of gaming Stereotypes also an issue – especially gender stereotypes Stereotypes also an issue – especially gender stereotypes Some evidence of addiction Some evidence of addiction Discipline that argues for the positive modelling derived from gaming Discipline that argues for the positive modelling derived from gaming Self-regulation – recent US experience shows complexity Self-regulation – recent US experience shows complexity

18 Findings: Music Findings: Music Little research in this area Little research in this area Content analysis main mode of analysis, not audience work Content analysis main mode of analysis, not audience work Suggestion of negative effects on attitudes and behaviour Suggestion of negative effects on attitudes and behaviour Self-regulation in some countries - information stickers for offensive lyrics Self-regulation in some countries - information stickers for offensive lyrics

19 Findings: Film, video and DVD Findings: Film, video and DVD Most research conducted around ‘adult’ content – sexual or violent Most research conducted around ‘adult’ content – sexual or violent Little recent research in this field Little recent research in this field Suggestion of negative effects of non-consensual pornography stronger in terms of both attitudes and behaviour; results for consensual pornography more ambivalent Suggestion of negative effects of non-consensual pornography stronger in terms of both attitudes and behaviour; results for consensual pornography more ambivalent Gaps in research - children Gaps in research - children Regulated in most territories Regulated in most territories Public attitudes more tolerant in general Public attitudes more tolerant in general

20 Findings: Print Findings: Print Research still conducted in the US, especially around the way in which public discourse is framed Research still conducted in the US, especially around the way in which public discourse is framed Both national and local press Both national and local press Did not consider magazines or comics – little found on manga for example Did not consider magazines or comics – little found on manga for example Not just public discourse through the use of language for example, but through lack of or mis- information Not just public discourse through the use of language for example, but through lack of or mis- information Self-regulation, privacy and personal issues Self-regulation, privacy and personal issues