P4: Describe how the proposal conforms to meet all legal and regulatory requirements
Legal considerations for my App:
Legal considerations for my application:
copyright and intellectual property: Because my apps will focus on clothing and music content I will need to consider and be aware of any copyright issues surrounding the use of a certain artist music on our app. I need to make sure I have the rights to play the music on the app or have the intellectual property of the. music video being paid, so to make sure I have the rights to play their videos/music I need to apply for PRS or PPL which is a company that will certify that I have rights to play their music. The artist will get a percentage for each time the song is played.
Data protection: The data protection act is used to ensure that no one's personal information is leaked or sold to any different company. This data protection act affects all organisations and businesses. The data protection act is put in place to make sure no ones private information is leaked or used by anyone else.
Media regulation: Media regulation is when the application have their own protection that being when their user shares any information or personal content. Applications such as Instagram and Facebook are media regulated an example of this would be the comment section, these comment sections are all regulated so anyone reading can be assured nothing offensive, harmful or disturbing can be seen or read. This, therefore, means the application will be suitable for all audience members allowing for a larger reach. When thinking about creating my app, I will have regulators being part of it such as regulators in the comment section so nothing is posted that is offensive/harmful etc. I will also need a regulator on any music video or interview this is because there may be scenes that may course offensive or language that may offend as well. I also need to ensure I am thinking about the appropriation of clothing within music videos or sold on our platform as some items of clothing may be deemed to be offensive in some cultures so we will regulate the app in different countries or for certain users. These factors need to be considered as a lot of our target audience are young teens so we need to be careful about what is shown on our platform.
Regulatory bodies for the application:
ASA: The Advertising Standards Authority will have to be considered within my app as there will be advertisement within it so I need to make sure no one is offended by my app. Below I have looked into ASA's rulings so I can be approved which will then allow me to advertise my app.
The first rule I looked into was 'Harm and offence' section 4, this rule is put into place to make sure "That ads do not cause harm or serious or widespread offence. Includes rules relating to shock tactics, unsafe practices and photosensitive epilepsy." This, therefore, means my advertisement cannot harm or offend anyone, however as I am primarily advertising on social media pages they have certain regulation up on their pages which will make sure no one is harmed or offended by and posts, this, therefore, will help make it easier to post on social media.
The second rule I looked into was 'misleading advertisement' under section3 of ASA's regulations, this rule is put into place to make sure "A key and extensive section of the Code, containing rules such as substantiation (evidence to prove claims); pricing; the use of the word ‘free’; availability of products, comparisons, testimonials and more." This, therefore, means we cant mislead people about our app on adverts we have to be truthful to what they get, an example of this would be that they have to pay for the full version of the app, otherwise the audience will be getting full advertisement.
The third rule I looked into was 'Privacy which is under section 6, it states "Rules about depicting members of the public; referring to people with a public profile; implying endorsement and the Royal Family." Which means any information that is personal such as identity, bank details or any messages cannot be shared with other companies or in fact be sold on. When advertising the product we need to be careful of any mages of people in the advert as this is an invasion of their privacy and we need to make sure they sign any legal documents allowing us to use their image In our advertisement.
OFCOM: Is the office of communications and is a regulatory body I would need to be aware of when creating my app. It deals with TV, Radio and video on demand. This is something I would need to acknowledge as this is where I will advertise my app. These are
Some of the rules and regulations I will need to consider:
Section one 'protecting under eighteens' this rule will need to be considered because when I advertise on the radio or Tv I need to make sure none of my adverts contains strong language that will offend the listener or viewer, this is a rule we need to ensure we follow otherwise this can lead to bad publicity got the app, and maybe even people not using the app at all.
Section two 'Harm and offence' we need to take this regulation into account because we need to make sure the advertising isn't harmful and isn't causing offence, this is because if the advert is doing either of these and can easily influence the target audience which we need to be careful of.
Section four 'religion' this regulation we need to be aware of inc are we offended any religion in our advertising, we need to make sure no religion is used negatively in the advert or put into a bad light, by following this regulation it allows us to produce a better advert for the audience.
copyright and intellectual property: Because my apps will focus on clothing and music content I will need to consider and be aware of any copyright issues surrounding the use of a certain artist music on our app. I need to make sure I have the rights to play the music on the app or have the intellectual property of the. music video being paid, so to make sure I have the rights to play their videos/music I need to apply for PRS or PPL which is a company that will certify that I have rights to play their music. The artist will get a percentage for each time the song is played.
Data protection: The data protection act is used to ensure that no one's personal information is leaked or sold to any different company. This data protection act affects all organisations and businesses. The data protection act is put in place to make sure no ones private information is leaked or used by anyone else.
Media regulation: Media regulation is when the application have their own protection that being when their user shares any information or personal content. Applications such as Instagram and Facebook are media regulated an example of this would be the comment section, these comment sections are all regulated so anyone reading can be assured nothing offensive, harmful or disturbing can be seen or read. This, therefore, means the application will be suitable for all audience members allowing for a larger reach. When thinking about creating my app, I will have regulators being part of it such as regulators in the comment section so nothing is posted that is offensive/harmful etc. I will also need a regulator on any music video or interview this is because there may be scenes that may course offensive or language that may offend as well. I also need to ensure I am thinking about the appropriation of clothing within music videos or sold on our platform as some items of clothing may be deemed to be offensive in some cultures so we will regulate the app in different countries or for certain users. These factors need to be considered as a lot of our target audience are young teens so we need to be careful about what is shown on our platform.
Regulatory bodies for the application:
ASA: The Advertising Standards Authority will have to be considered within my app as there will be advertisement within it so I need to make sure no one is offended by my app. Below I have looked into ASA's rulings so I can be approved which will then allow me to advertise my app.
The first rule I looked into was 'Harm and offence' section 4, this rule is put into place to make sure "That ads do not cause harm or serious or widespread offence. Includes rules relating to shock tactics, unsafe practices and photosensitive epilepsy." This, therefore, means my advertisement cannot harm or offend anyone, however as I am primarily advertising on social media pages they have certain regulation up on their pages which will make sure no one is harmed or offended by and posts, this, therefore, will help make it easier to post on social media.
The second rule I looked into was 'misleading advertisement' under section3 of ASA's regulations, this rule is put into place to make sure "A key and extensive section of the Code, containing rules such as substantiation (evidence to prove claims); pricing; the use of the word ‘free’; availability of products, comparisons, testimonials and more." This, therefore, means we cant mislead people about our app on adverts we have to be truthful to what they get, an example of this would be that they have to pay for the full version of the app, otherwise the audience will be getting full advertisement.
The third rule I looked into was 'Privacy which is under section 6, it states "Rules about depicting members of the public; referring to people with a public profile; implying endorsement and the Royal Family." Which means any information that is personal such as identity, bank details or any messages cannot be shared with other companies or in fact be sold on. When advertising the product we need to be careful of any mages of people in the advert as this is an invasion of their privacy and we need to make sure they sign any legal documents allowing us to use their image In our advertisement.
OFCOM: Is the office of communications and is a regulatory body I would need to be aware of when creating my app. It deals with TV, Radio and video on demand. This is something I would need to acknowledge as this is where I will advertise my app. These are
Some of the rules and regulations I will need to consider:
Section one 'protecting under eighteens' this rule will need to be considered because when I advertise on the radio or Tv I need to make sure none of my adverts contains strong language that will offend the listener or viewer, this is a rule we need to ensure we follow otherwise this can lead to bad publicity got the app, and maybe even people not using the app at all.
Section two 'Harm and offence' we need to take this regulation into account because we need to make sure the advertising isn't harmful and isn't causing offence, this is because if the advert is doing either of these and can easily influence the target audience which we need to be careful of.
Section four 'religion' this regulation we need to be aware of inc are we offended any religion in our advertising, we need to make sure no religion is used negatively in the advert or put into a bad light, by following this regulation it allows us to produce a better advert for the audience.
P5: Assess the ethical, social and moral impact your proposal could have on stakeholders