Dear sir or madam
The job Advert also says "please note that if successful , you must not apply for other positions of this nature" This means that job advertisement includes legal points which normally should be included in a contract . Which is the biding agreement between two parties . Thou not a mistake the clause included in the advert should have been left out till the applicant got the job. There two clauses the confidentiality which is set in order defend the company and its clients in case any confidential information is released. The clause include in job advert is important as it defends the company from any potential release of information.
There are two problems regarding the specifications of pay and hours and religion . The Equality Act of 2010 was created in to make sure that individuals are not discriminated against based on sexuality, gender race , religion , background etc. This also states that two people working the same or a similar job should have the same amount of wages. Therefore the way the way this job is presented goes against the act.
There is another problem this documentary should legally be counted as if the is working for the company. However because he not employed by the said if the applicant would get hurt he would not be covered by the Employer Liability Insurance.This means that this documentary should probably be created after the applicant got the job or if any injury has occurred during this Flip side Media should put some money to the side in order to pay this .Also this uses a loophole in employment law as the supplicant is not yet under contract therefor the applicant will not have any employee right such as the right to breaks .
The applicant might be a member of a trade union or enter one. This unions uses the membership fees in order to support, protect and help member against malpractice claims and employment related legal matters .
As the chance of the applicant would be of an Union is small; The company in this Flip side media
should produce the codes of practice the company.These are rules and regulations that are written in accordance to the law in order to protect company employees if legal matters arise. That should also provide as short brief describing the policies and procedures in order to make sure that the applicant knows what he can and can not do .
There is also a problem with the representation of the victims and offenders . The company in this case Flip-side media uses stereotypes which usually deform reality and are trying to portray men as sexual offenders and women as victims .This it a very generalized view and will end up marginalizing individuals.
This is also a problem as young people are seen as trouble. This even more expressed towards males who are usually represented as more violent.
The product also has problem with the way it wants to present its self first of of the content of the
video would not not be suitable as the interviewees will under 18 . For to do legally made it would to be created in accordance to the Ofcom code Section 1 protection of the under 18's specifically 1.3 Children must also be protected by appropriate scheduling from material that is unsuitable for them.This means that this product should not be produced with the dramatized reenactments as this is going to be shown to children .This is also in conflict with section 2 of the broadcasting codes 2.3 In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context (see meaning of "context" below). Such material may include, but is not limited to, offensive language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language (for example on the grounds of age, disability, gender, race, religion, beliefs and sexual orientation). Appropriate information should also be broadcast where it would assist in avoiding or minimizing offence.This conflict caused by the ideas of the dramatized re-enactments this is manly as this is not suitable for the audience and they can be replicated.Further more because of the dramatizations the product would also conflict with section 2 of the Obscene publications Act 1959 (under which it is an offence punishable on summary conviction or an indictment to publish an obscene article, whether for gain or not) after the words “any person who, whether for gain or not, publishes an obscene article” there shall be inserted the words “or who has an obscene article for publication for gain (whether gain to himself or another)”.This is cased by the that recanting rape will border on pornography and This would lose it suitability towards High school students . Furthermore this would case the product to become an 18 under BBFC as it would sexual material and very disturbing images .
There is also regarding the music the fact that a well known song would mean that the applicant would need to get permissions from artist or record label to use their product . Further more the applicant could possibly need to pay money to gain a licence in order for him to use the song.
Yours Faithfully
Angelo Perceli
Angelo this is still unfinished. There is no time to mark a draft of this now so make sure this one is complete and detailed.
ReplyDeleteEllieB
Pass achieved. Angelo, had you read through it carefully and not had to rush it because you had got so behind in this subject and in law, you would have done quite well with this task.
ReplyDeleteEllieB