No.2
Mundham Common Road
Seething
Norwich
Norfolk
07/07/2013
Dear Sir or Madam,
I am writing with some concern about your Live recruitment job application for an Apprentice Digital Video Production Producer. There are a number of issues (which I consider highly contentious) with this recruitment form which may pose a legal threat and I thought it best to inform you before they manifest. There is a huge problem here with your terms of employment as there is an inappropriately broad range of both the pay and the working hours shown which is to far for somebody to consider a viable, reliable economic lifestyle. In media law a confidentiality contract is a private agreement where third parties are kept out and private information is kept between the two parties the subject matter. This means that you are not able to open disclose information about the company you are working for an example is not being able to legally spoil a film. In media law an exclusivity clause means that you are unable to work for other companies whilst the contract is in date this goes back to the early days of the Hollywood studio system. I assume this is what you mean when you say that "You must not apply for other positions of this nature".
As well as the above you are breaking the Equality Act which states that people regardless of age or religion (Both of these things are broken under the Equal Opportunities act) you should legally within your rights be considered for the job without discrimination. The only place where these rights can be negated is in a performance medium (theater, television, film ect ) where a specific race gender or age is required for the purpose of mise-en-scene. I personally would not like to be a party to this video without the help support and the authority as an employer before I would consider working on this project as the nature of the video you are asking us to commit too is far to inappropriate to make a video about on own accord without appropriate backing. In the case you employed me first I would feel a lot more comfortable about the project however I suggest that you amend the previous video proposition. Employers are liable for any physical or emotional harm suffered by the employees. Now this could easily be argued that events and interviewing practices indulged in this video and in the job required after this could very well do that. This would also snag the attention of trade unions due to the broad nature of the wages and working time which could cause you to become pressured by the unions your employees belong too. Currently BECTU offer freelance membership for 120 pounds a year.
Codes of practice are rules employers draw up as a personal rule book to try and promote good practice and avoid legal Issues. Representation is how people, things, groups are portrayed within the video
Men and boys will undoubtedly be represented as rapists during this video. This might create a negative portrayal that will make people uneasy around men and especially teenage men who are of the age of the youths in the video. If this cases any form of disturbance which would lead to a wrongly stereotyped teenager getting hurt that could have serious consequences for this production company for making a video that promote stereotyping.
The dramatization and the heavily abusive and sexual nature of this I can't be sure that Ofcom wouldn't have issue with this. The messages and themes in the video that is supposedly meant to be shown in schools is way too drastically dark and therefore could cause emotional harm ( Harm and Offence: Ofcom) to somebody especially somebody under the age of 18 (Protecting under 18's: Ofcom) (1.1 Material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.) . The Obscene Publications Act will come undoubtedly into question in the production of this short film due to the evidence and portrayal of on screen dramatized rape and abuse (acts of violence or cruelty in such a way that the work as a whole would tend to corrupt a child or young person into whose hands it might fall. ). The BBFC monitor films for distribution and mark them on a criteria system who who and what age group is allowed to watch them. This film depending on how graphic its dramatizations are might not be considered certifiable to a high school audience and might require being heavily cut to do so (Sexual violence, such as scenes of rape or assault, may only be implied or briefly and discreetly indicated at 12A. Such scenes must also have a strong contextual justification.) ( I purposely choose 12A / Twelve rules too tighten the contexts of the rules we would have to apply too). This job advertisement also asks for a "Popular Music Sound Track" which without proper authorization (Which would be suitably difficult to obtain on a 200 pound budget) would constitute as theft and cause me to get suited for copyright infringement due to me not operating under your name.
The links to the following websites are below
http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/broadcast-code/protecting-under-18s/
http://www.bbfc.co.uk/what-classification/12a-and-12
http://www.cps.gov.uk/legal/l_to_o/obscene_publications/#b07
Yours sincerely,
Jonathan Hinsley
