Legal and Ethical Report
Legal
Copyright
I am going to be following the law of copyright to ensure that I do not run into any copyright issues. This is because the horsepower hour is a small company and there isn't a budget meaning we would not be able to deal with any people suing the company as this would run the company down and there would not be enough funds to fund the podcast. Copyright means that you are stealing imagery, audio, logos, names and video from people without permission when they have the permissions to own the property. I will ensure that all the audio and logos made for the Horsepower hour podcast are original and will not be similar to and the same as other brands to avoid any copyright claims.
Data Protection Act
I will be following the law of the Data Protection Act as I don't want to end up in any legal actions with people against me and the company. To ensure that I follow this law I am going to be doing many things to ensure this. The first thing is that I am going to get all the presenters and the people who's voice in the podcast to sign a permission form for me to use the audio so that I have there permission. To ensure I protect the people in my podcasts information I will ensure that no one in the podcast will talk about peoples very personal details such as where people live to ensure there data is protected. I will also shred the personal information about the people in the podcast a year after the podcast has been released so that there personal information cannot be found by anyone and there data is completely protected.
Ofcom
To ensure that I protect the audience members who are under 18 I will ensure that no content will be broadcasted that could harm and damage under 18's metal health, and content that could affect the development of under 18's mental health will not be broadcasted on the podcast. My podcast is going to be broadcasted in the day time and will be able to be listened to whenever as you will able to download it so under 18's won't need to worry about harmful content as it will be live in the day time and not past the watershed time. As I want to ensure that under 18's are protected when listening to my podcast and that nothing will harm them I am going to ensure that no offensive language is spoken when recording the podcast and no swearing is going to mentioned to be extra safe, I am also going to ensure that no sexual material is mentioned as well. No violence or dangerous content is going to be broadcasted and spoken about on the podcast to ensure that we follow the Ofcom section two harm and offence rules. As a competition is going to be in my podcast I am going to follow the Ofcom rules of ensuring the competition is conducted fairly and that the prizes that can be won on the podcast must be described properly. In section 5 Due impartiality and due accuracy it states that any news that it broadcasted must be accurate so when writing the script for my podcast I am going to ensure that all news about cars in the podcast is accurate and not incorrect information. As I have a advertisement break throughout my podcast I am going to ensure that it is clearly separated from the podcast and is to clearly show the listeners of the podcast that there is going to be a break as a part of section ten Commercial communications on radio from Ofcom.
Section 1 - protecting the under eighteens
This section on the broadcasting codes for Ofcom talks about having programs broadcasted at the correct timings throughout the day to protect children and ensure they won't see anything that they should not be seeing and things that could cause harm to them, this is content such as racist content, sexual content and violent content. My Horsepower Hour podcast will be posted mid-day so that people travelling home from work that day are able to listen to it. To ensure that I follow the Ofcom rule I will ensure that the content in the show does not mention anything violent, sexual or racist content that could cause offence to the audience and especially the younger audience. This section also talks about broadcasting programmes at the correct time of the day to ensure that it is suitable for children to access and if it isn't it needs to be broadcasted after the watershed time which is 9PM.
Section 2 - Harm and Offense
This section on the website of Ofcom talks about Harm and Offence and ensures that the members of the public are protected from harmful/ offensive material. To ensure that I follow this Ofcom rule I am going to ensure that I strictly don't have any harmful or offensive content in my podcast which could affect members of the audience. This will also be done so that I don't have to post after the watershed time. Content such as violence and dangerous behaviour has to have context behind it and there needs to be a reason for it to happen in the show. This section also talks about life changing advice including direct advice for individuals upon which they could reasonably rely on about health, finance, employment and relationships and false information should not be said about life changing advice. If any life changing advice is spoken about in my podcast which is very unlikely I will ensure that all the information that is spoken is factual and correct.
Section 3 - Crime, Disorder, hatred and abuse
This section on there Ofcom website covers material that is likely to incite crime or disorder and it reflects and talks about why this should not be broadcasted. This section reflects the rights to freedom of expression and audiences. To ensue that I follow this sectionI will make sure in the script there is no content and crime and disorder to ensure I don't breach this rule when producing my podcast. This section also talks about content which has direct amounts to call to a crimal action or disorder. This also talks about how material that promotes and encourages terrorism in forms of criminal activity should not be encouraged and spoken about.
Section 4 - Religion
In this section on the Ofcom website it talks about how the broadcasters if shows need the responsibility to have respect to all content about religions. As my program is not directed towards a specific religion or about a religion I wont need to consider this section when producing my podcast as much as no religions are going to be mentioned throughout the show.
Section 5 - Due impartiality and due accuracy
This section on the Ofcom website talks about ensuring news in whatever form is reported with accuracy and presented on the show with due impartiality. The reason for this section is to ensure that all news that is presented is correct to ensure that whoever is listening or watching the show gets the correct information and is not educated with non factual and incorrect information. To ensure that I follow this section when producing my podcast I am going to ensure that any news that is presented throughout the show is fact checked before getting spoken.
Section 6 - Elections and referendums
In this section on the Ofcom website the section 6 elections and referendums talks about and covers the special impartiality requirements and other legislation that must be applied at the time of elections and referendums. I will not be talking about elections in my podcast during the production to ensure I don't affect this rule from Ofcom.
Section 7 - Fairness
This section on the Ofcom website is to ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes. The section is on privacy and how it applies to how broadcasters treat the individuals or organisations who are directly affected by programmes, rather than to what the public sees or hears as part of the audience. Overall throughout my podcast I will ensure that all genders, ages and everyone who is working on the podcast is treated fairly and equally.
Section 8 - Privacy
In this website that can be found on the Ofcom website the section is to ensure that broadcasters avoid any unwanted infringement or privacy in programmes and in connection with obtaining material included in programmes. Information which discloses the location of a persons home or family can't be revealed to the public without permission from that person, as this would breach the data protection act as well and breaking the Ofcom rule. To ensure that I follow this rule when producing my podcast I am going to ensure that any personal content that could be talked about throughout the podcast has the correct permissions to talk about before being broadcasted.
Section 9 - Commercial references on TV
This section on the Ofcom website is all about commercial references throughout programmes that are broadcasted. This ensures that broadcasters maintain editorial independence and control over programming. this ensures that there is distinction between content and advertising. This also helps to protect audiences from surreptitious advertising. This is all going to be followed during the production of my podcast to ensure there is no risk of a financial loss and also because the podcast is a low budget.
Section 10 - Commercial communications on radio
This section on the Ofcom website is made to help secure consumer protection. Programming that is subject to a commercial arrangement must be appropriately signalled to ensure that the commercial arrangement on the radio show is arranged and transparent tot he listeners of the show. To ensure that I follow the rules in this section about commercial communications on radio I am going to ensure that I clearly show a separation between spot advertisement when broadcasting the show and will have one of the presenters clearly state that a advert is about to come on.
Ethical
I am going to ensure that everything about my podcast is ethically correct and will be doing lots of things to ensure I do this. The first thing that I will do is that I will ensure that all representations of people are represented correctly and not making someone look like someone they aren't. I am also going to ensure that no offensive language such as racial language and swearing is said throughout the podcast to ensure that everyone listening to the podcast is not offended and they are able to listen to the podcast in a good way without being offended. To ensure that all presenters and peoples voices that are used in the podcast have my full permission to use there data in the podcast so release and consent forms are going to be signed by everyone involved in the podcast. To ensure I don't get involved in the legal law of Slander I will ensure that all content that is spoken throughout the podcast is all correct information and when preparing the script a fact check throughout the whole script is done to ensure all content is correct.