An Exploration Of The Traditional Customs Union Theory And The Static And Dynamic Effects Of Economic Integration

Introduction The benefits gained from regional integration are widely documented in literature and have been known since the time of classical economists (Oslington, 2013). Regional integration has become the subject of great interest due to the perceived benefits of preferential trade arrangements such as customs union, free trade area, and common market among many others.This paper will focus explicitly on customs unions, exploring the traditional customs union theory introduced by prof. Jacob Viner. The paper starts by defining customs union and then examines Viner’s framework of trade creation and trade-diversion effects. It is important to first define customs union and introduce the theory of customs union. In general, tariff systems often tend to discriminate either between commodities or between countries. Commodity discrimination occurs where different commodities are subjected to different rates of duty whereas country discrimination occurs where different countries are subjected to different rates of duty on the same commodity (Lipsey, 1960). The theory of customs union is defined by the latter part which involves geographical discrimination by imposition of external tariffs to imports from non-member states. As defined by (Clausing, 2000), a customs union is a form of preferential trade arrangement that involves a tariff-free market access between member countries while imports from non-member countries are subjected to a common external tariff. Customs union have for a long time formed the basis for regional integration. This has primarily been driven by the perceived trade benefits for having such trade agreements between member countries. Some of the best-known customs unions include the Benelux formed by Belgium, Luxembourg and Netherlands; Zollverein which was formed by German states; and the EEC which was established by several states including France, Belgium and Italy, and is now widely recognized as the EU (Strielkowski, 2013). Other examples of customs unions are the Mercosur and the Andean Community (Hannam, 2014). Viner’s framework of trade creation and trade-diversion effects. Any useful literature exploring the welfare effects of custom union formation must commence with the appreciation of the traditional Vinerian orthodoxy which is based on two important considerations: trade creation and trade diversion effects. The Vinerian orthodoxy has been the driving force behind the huge volume of literature exploring the welfare effects of economic integration. For a long time, the perceived trade gains of customs unions had provided the rationale for regional integration (Jovanovic, 1998). Such regional agreements were viewed as good in terms of the welfare benefits. However, following the work of Viner Jacob, this proposition turned out to be incorrect. Using the concepts of trade creation and trade diversion, Jacob Viner argued that regional trade agreements did not necessarily result trade gains in spite of elimination of trade barriers (Ambrego & Riezman 2003; Lipsey 2006). Suppose that two countries A and B agree to form a customs union with country C remaining outside the union. If prior to the formation of customs union, country A was importing from country C which is a low cost producer. With the union formed, A chooses to import from country B which is a high cost producer. In this case, the welfare is lowered despite the benefits of a tariff-free market as trade is diverted from a low cost producer to a high cost producer (Ambrego & Riezman 2003; Lipsey 2006). However, if a union was formed between A and C, then trade will be created and the welfare will increase. Using these static concepts, Professor Viner concluded that such regional agreements can only be beneficial to partner countries if it leads to trade in commodities which were not previously traded (trade creation) (Corden, 1972). Whereas if the union was trade diverting by shifting locus of production from low-cost third country to higher-cost partner country, then the effects are most likely to be detrimental for both partner countries and the rest of the world as well (Chipman, 1998 & Lipsey, 2006). Since the publication of his seminal work in 1950, many economists have been interested in pursuing the impact of these two effects on world welfare. His work has been the driving force behind later subsequent literature examining the impact of regional trade agreements on welfare. Subsequent empirical work Much of the empirical literature on customs union formation has been motivated by the work of Viner (1950). Prior to Vinerian orthodoxy, it had been customary to recognize customs union as always increasing welfare. The classical economic theory behind the formation customs union was the presumption that higher degree of economic integration was beneficial (Jonavonic 1998). Customs union formation was viewed as a step closer to free trade liberalization hence was seen as increasing world welfare. Viner’s seminal contributions proved this argument to be incorrect. However, Viner’s seminal contributions were challenged by Meade (1955) on grounds that the orthodoxy overlooked some of the benefits resulting in trade-diverting unions such as the benefits arising from substitution in consumption (Chipman, 1998). Lipsey (1957) and Gehrels (1956) criticized the Viner’s work over the same issue. These authors argued that preference considerations had to be taken into account when making determinations of the welfare gains and losses (Chipman, 1998). Dissatisfaction with the Vinerian orthodoxy led to the development of other approaches that yielded clear propositions including the general theory of the second best and the terms of trade-volume approach. It is important to note that the traditional Vinerian orthodoxy was based on two simplifying assumptions: Constant costs of production (Nicholls, 1993) Fixed proportions in consumptions (Nicholls, 1993). Meade (1956), Lipsey (1957) and Gehrels (1956) extended Viner’s basic model by relaxing the assumption of zero price elasticity’s of demand (Lee, 1978: p.248). This allowed for the determination of welfare effects with consideration of the changes in composition of consumption. Kemp (1969), Michaely (1965) and Vanek (1965) relaxed the assumption of constant costs. What is missing from traditional customs union theory? Besides these limitations, the traditional Vinerian orthodoxy seem to be missing important dynamic aspects which are crucial in determination of the welfare effect. The traditional customs union theory seems to concentrate more on trade creation and trade diversion effects that are likely to be trivial, ignoring those that are crucial in determining the net gains/losses from integration. Pro-competitive effect One particular aspect missing is the pro-competitive effect. For example, many small countries will tend to have a few large firms that may collude and raise prices at the expense of consumers. Forming customs union and ensuring a tariff free market will increase the degree of competition and force domestic firms to price more in line with marginal cost (Jovanovic, 1998). This pro-competitive effect will encourage them to reduce inefficiency and force them to price in line with marginal costs, thereby leading reducing the prices to consumers. This pro-competitive effect make it increasingly difficult for these firms to charge margins in excess of marginal costs (Josic & Josic, 2013) In this regard, Baldwin & Venables (1995) emphasize the importance of pro-competitive effect and even suggest that regional integration amplifies the pro-competitive effect compared to global integration. Formation of customs union create a large market and subjects producers to new forms of competition. Increase in competition forces the firms to be reduce the levels of x-inefficiency and to price in line with marginal cost in order to gain a new market share. Economies of scale Another criticism of the traditional customs union theory lies in its failure to allow for economies of scale (Corden, 1972). Viner’s analysis fails to incorporate the effect of economies of scale. It is a fact that regional integration leads to the formation of larger markets which allows firms to exploit greater economies of scale. Customs union formation will therefore lead to the exploitation of greater economies of scale, thereby driving down the costs. With the tariff barriers removed, nationally-scaled firms may benefit greater economies of scale from the larger single market created (Cakmak & Yilmaz, 2008). Economies of scale will allow these union producers to achieve an optimum scale of production, increase their efficiencies and decrease the average production costs as well as the prices to consumers (Ginsberg, 2010: 95) Technology spill overs Yet another aspect missing in the traditional customs union theory are the larger effects of technological advances. The productivity and innovative abilities of nationally scaled firms may further be enhanced by technology spillovers (Cakmak & Yilmaz, 2008). Research and development programs may help in improving technological innovations. There is a greater potential for technological innovation where such unions exist. Accumulation or growth effects Furthermore, given that integration leads to increased efficiency, it is also more likely to induce greater investment. This additional investment may lead to medium-term growth effect in some countries and can even improve long-run growth rates where the additional investment is associated with faster technical progress (Josie & Josie, 2013). From an investment perspective, foreign direct investment will be particularly important in boosting domestic growth. Arguments for and agents removing all tariffs Indeed there appears to be a number of justifiable reasons for customs union formation. A member country’s welfare as well as the world’s welfare can be raised if tariffs are reduced under such customs unions. However, the greatest benefits would be achieved by complete removal of the tariffs compared to mere reduction of these tariffs. The removal of all trade barriers will without doubt yield significant benefits in terms of reducing monopoly power, improving terms of trade, increasing efficiency, and improving technological innovations through technology spill-overs among many others. In fact, customs union theory fails to justify or rather explain the need for customs union formation since complete removal of all trade barriers could have all the benefits without incurring potential losses associated with joining customs unions (Jovanovic, 1998). The welfare of a member country is less likely to be raised by a mere reduction in tariffs compared to complete removal. A free trade agreement would therefore tend to have more welfare benefits than a customs union since trade creation is merely dependent on removal of tariff barriers (Clausing, 2000). However, Krueger (1997) points out that free trade agreements may not necessarily yield greater benefits than a customs union and even argues that it can generate additional welfare costs which would otherwise not have been incurred under a customs union. In fact, Krueger (1997) argues that a customs union will always remain superior to a free trade agreement. This points to the need for further analysis of the benefits and costs associated with Free trade agreements and customs unions formation. Conclusion Based on this analysis, this paper concludes that the static concepts of trade creation and diversion cannot appropriately measure the welfare effects of regional integration. Even though Viner seminal contributions points out that consumer welfare may increase due to tariff reductions while welfare cost may accrue from tariff discrimination of customs union, these static effects are trivial when considering the welfare effects of integration. The traditional customs union theory seem to ignore dynamic effects that are crucial in determining the net gains/losses from integration such as the pro-competitive effect, growth effect, economies of scale, and reduction of x-inefficiencies and monopoly power among many others A prime example can be seen with the European Union, a single market that has had important consequences both within and outside Europe. Following the EU’s single market program, there is now a greater awareness of the importance of formation of customs union and of the value of removing tariff barriers. The EU is not only the largest single importer and exporter, but is also the world’s largest and richest economic entity (Ginsberg, 2010: p.96). The gains associated with joining the union far outweigh the economic risks/costs. The EU is currently planning to expand its reach other European nations. Preferential trading agreements seem to be growing more rapidly, both in size and number. Reference Akkoyunlu-Wigley, A., 2006. â€Å"Effects of customs union with European Union on the market structure and pricing behaviour of Turkish manufacturing industry†. Applied Economics, vol.38 (20). Ambrego, L. and Riezman, R., 2003. Computation and the theory of customs unions. Ontario, Universities of Warwick and Western Ontario and NBER Baldwin, R.E. and Venables, A.J., 1995. â€Å"Regional economic integration†. In Handbook of International Economics, vol.3 , edited by G.M. Grossman and K. Rogoff. Amsterdam: North-Holland, pp.1597-1644 Cakmak, O.A. and Yilmaz, S., 2008. The dynamic effects of economic integration: a comparative study on the competitive power of Turkey and EU-8 (Poland, the Czech Republic, Hungary, Slovakia, Slovenia, Latvia, Lithuania and Estonia). Gazi University. Chipman, J.S., 1998. Welfare effects of trade-diveriting customs unions: a quantitative approach, USA, University of Minnesota. Clausing, K.A., 2000. â€Å"Customs unions and free trade areas†. Journal of Economic Integration, vol 15 (3), pp.418-435 Corden, W.M., 1972. â€Å"Economies of scale and customs union theory†. Nuffield College, Oxford Publishers., Journal of Political Economy, vol.80 (3) Gehrels, F., 1956. Customs Union from a Single-Country Viewpoint, Review of Economic Studies, 24, pp. 61-64. Ginsberg, R.H., 2010. Demistifying the European Union: the enduring logic of regional integration. Rowman & Littlefield publishers4 Hannan, D., 2014. The EU is not a free trade area but a customs union: until we understand the difference, the debate about our membership is meaningless. The Telegraph. Available from http://blogs.telegraph.co.uk/news/danielhannan/100186074/the-eu-is-not-a-free-trade-area-but-a-customs-union-until-we-understand-the-difference-the-debate-about-our-membership-is-meaningless/ [Viewed on 30th November 2014]. Josic, H. and Josic, M., 2013. Static and dynamic effects of customs union creation, Croatia, Faculty of Economics and Business Zagreb Jovanovic, M. N., 1998. International Economic Integration, London, Routledge. Kemp, M., 1969, The Pure Theory of International Trade and Investment. London: Prentice-Hall. Krueger, A., 1997. â€Å"Free Trade Agreements versus Customs Unions†, Journal of Development Economics 54, 169-187. Lee, S.A., 1978. Economic relations between West Asia and Southeast Asia. Papers and proceedings of an international conference, Singapore, Institute of Southeast Asian. Lipsey, R. G., 1957, â€Å"The theory of customs unions: trade diversion and welfare†, Economica 24: 40:46 Lipsey, R.G., 1960. â€Å"The theory of Customs Unions: a general survey†, The Economic Journal, vol.70, No. 279 Lipsey, R.G., 2006. â€Å"The theory of customs unions: trade diversion and welfare†. Economica, New Series vol, 24. No.93 Meade, J.E., 1955, The Theory of Customs Unions. Amsterdam: North Holland. Mendes, M., 1986. â€Å"An alternative approach to customs union theory†. Journal of International Economic Integration 1(I), spring publications, pp.43-58 Michaely, M., 1965. â€Å"On Customs Unions and the Gains from Trade†, Economic Journal, 75, pp. 577-583. Nicholls, S.A., 1993. Theories of economic integration: a selective review, London: University of London Oslington, P., 2013. Contextual history, practitioner history and classic status: reading Jacob Viner’s the customs union issue, North Sydney, Australia, Australian Catholic University Strielkowski, W., 2012. Advanced economics of European integration: microeconomic aspects, National University of Ireland Viner, J., 1950, The Customs Union Issue. New York: Carnegie Endowment for International Peace

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In an attempt to find a solution for reducing these costs, the management could have approached the Human Resources department to analyze the issue on hand and provide a revised plan for the employees' fringe benefits. Instead the management has taken a decision to create a task force to analyze the financial crises in hand and come up with a solution to help reduce the fringe benefits costs to the university. Medford University, a prestigious research university, with over 10,000 students and over 12,000 employees, is faced with a significant financial crisis Brinkley, Smith, & Zimmerman, 2009).University management has cornered the huge costs burdened by the university on the fringe benefits to the employees. This contributes to over $1 00 million annually (Brinkley, Smith, & Zimmerman, 2009). Not to mention the retirement benefits promised to the retiring employees. The university, however, off late have been faced with serious financial crises. 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Instead the president employs a special task force headed by the hospital chief administrator to find a solution to these crises. 1) President Shipyard's decision to approach the problem over the fringe benefits by assigning a task force to analyze the issue is a very different approach rather than just going to the human sources department to draft a plan to tackle the same (Brinkley, Smith, & Zimmerman, 2009).The main focus of this task force was to reduce expenditure and develop a new fringe benefit package for the employees of the university. He also ob served caution as the values of the faculty and staff of the university should not be affecting in any way by the introduction of this task force and their analysis. His seriousness in the success Of this task force was evident when a top administrator was employed to lead the task force. The vice provost and many other experienced members were also pointed to the task force to guarantee a very effective team.On the other hand, if the president had simply directed the issue to the human resources department to come up with a plan, it would have resulted in yet another revised benefits package, with cause or concern about it being directed towards the well off, wealthy, and might have even had questions raised against favoritism towards certain faculty and staff members. 2) The president must give access to all the university financial to the task force. The focus of the task force is not just to find a solution to reduce expenses UT also to seek the best possible solution for the em ployees as well.The ideas and perceptions of each of the task force members should be directed to this purpose. It is the responsibility of the president to make sure the individual concerns of each of the member is considered in discussion and every decision made. The primary focus however would be the financial of the university. 3) The chief administrators appointment to lead the task force by the President was a decision made in considering the experience and knowledge he would bring on the federal laws, state laws and the insurance hat contribute to the cost of education (Brinkley, Smith, & Zimmerman, 2009).Every member of the task force is bound to bring in various personal opinions and perceptions to the issue at hand and hence as the lead administrator, he would have to take into consideration and lead the team in the right direction. Hence the chief administrator is the most able person to help guide the committee and keep them on track in attaining the desired result. This will ensure there is a broader perspective on the problem, diverse opinion and a solution is amicably found. This allows the committee to focus on rater detail the data presented so there is an even evaluation by each individual and, as a group. ) The purpose of the committee is to find the best possible solution to tackle the financial crises faced by the university. However, it is not something that is guaranteed to be accepted by the President. The president will consider the report of the committee as the solution to the financial crises but the president does have the power to override, make suggestions or modify the solution as he see fits. It was wise to appoint her assistants as the vice provosts, to the task force to ensure that he president had easy access to information and minutes of the meetings.While the Intent is to lower the cost of fringe benefits, the president does not want to change the quality of the faculty and staff. However, the university's financial status shows that it cannot continue a costly fringe benefits plan and therefore she would be willing to offer concession to the staff of Medford University. One way to do this is to continue to be open any ideas after the study. Even after any recommendations, there may be need to modify or change any suggestions after careful study. In the end the President wants to be sure that staff and faculty are fairly and legally compensated. ) An assistant of the President was appointed as the secretary of the task force. This gives the president an inside access into the committee and its progress. It also keeps the president informed and also keep track on the individual contributions to the committee and also the to see how unified the team is in their decision making. This also would help the president in developing counter proposals and also suggestions to what the task force recommends. Conclusion As per my opinion, in regards to the Medford University study , the purpose of the task force is to provide recommendations from the faculty, staff, and student body.The chair and its members represent a sampling of the faculty, staff and students which can act as voice for their well-being. The diverse task force members will also be better able to gage support in the cost cutting measures where necessary in order for the school to maintain the level of education it is currently providing and that it keeps its top notch educators. References Brinkley, J. A. , Smith, C. W. , & Zimmerman, J. L. (2009). Managerial economics and organizational architecture. Chicago: Irwin.

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The historical pedigree of globalisation - Essay Example This research will begin with the statement that for many, globalization has been a defining characteristic, or even the defining characteristic, of the post-war period. However, as we will see, it is not so easy to rope off globalization as an exclusively post-war, or even exclusively modern phenomenon. Furthermore, it has been a Eurocentric phenomenon, as reinforced by Marxist and Classical Liberal theories, with the Eastern peoples merely the passive objects in the story. For many scholars in recent centuries, the global narrative since Columbus reached the Americas in 1492 has been one of the steady growth of Western power and influence across the world, culminating in a Western dominance of a globalized economy after the Second World War. Such theories have also worked on the assumption that Europe, uniquely, always had the potential to take the lead on the global stage, and to develop further and faster than other regions, largely because of its native urge towards a Capitalist economy, and liberal institutions. We shall see that this is not only not the full picture, but that it is a deeply flawed and misleading picture. Globalisation is not new, but Western dominance in globalizing processes is new. While Eurocentric theories were once the norm in academic discourse, they have undergone serious challenges in recent decades. Edward Said’s â€Å"Orientalism† shook historians’ complacency about the European boundaries of their work.... Notably, Abu-Lughod (1989) argued for the centrality of the Middle East in world history and global exchange, while Gunder Frank (1998) posited the importance of East and Southeast Asia in truly global trading networks. Notions of globalisation which played up the importance of the Western world were generally focused on the post-1945 era, but much of the above literature has rethought globalisation as a much longer-term phenomenon, as well as one which started in the East. A key reason why Western scholars were long unable to recognise that globalisation predated the 20th century was that they have long viewed it in terms of the rise of Western Capitalism. As Hobson (2007) points out, none of the leading economies between 500 and 1800 CE were Western. Globalisation in past centuries was largely fuelled by the wealth and communications of industries and markets that stretched across Asia, and China and India stand out as particularly important global players for much of recorded hist ory. In the 18th century, China accounted for an astonishing 25% of the world’s population, compared to 20% today (Flynn and Giraldez 2006, p. 239), and when European merchants first moved East in search of new opportunities, they should not be regarded as the first signs of an emerging European dominance, but rather as an attempt by a less economically productive region to gain footholds in the trade with the world’s economic powerhouse. Hobson (2007) maintains that China maintained a dominant role in the global economy even later than suggested by Gunder Frank. He states that it continued to outstrip Britain in its share of world manufacturing input

Applied Marketing Management Essay Example | Topics and Well Written Essays - 2000 words

Applied Marketing Management - Essay Example The report discusses and analyse the overall brand management at Marks & Spencer. This report starts with a brief history and Marks & Spencer and about Marks & Spencer's brand and then extends further discussing its advertisement, brand equity, positioning etc. Main information is gathered through the internet and magazines and the analysis is also done with the help of the above mentioned sources. In the end recommendation are also given in the light of the discussions throughout the report. Marks & Spencer commonly known "M & S" is one of the top British retailer companies. It is ranked amongst the most prestigious chain of stores in the UK and is the largest clothing retailer in the UK by turnover. It also is a multi-billion pound food retailer. Most of its shops sell both of these categories. Marks & Spencer also has a third product line related to home wares such as bed linen, but this is far smaller than the other two. For much of the 20th century M&S was regarded as the leading retailer in the United Kingdom, and an icon of British business. ... In 1997 it became the first British retailer to make a profit before tax of over 1 billion, though within a couple of years it plunged into a crisis from which it has not yet fully recovered. It is now less than one quarter of the size of the UK's largest and most profitable retailer, Tesco. In 2006, M&S has opened a Technology Department in each flagship Store (http://www.marks-and-spencer.co.uk). Branding history of M&S: In the late 1990s, The St Michael brand was discontinued in favour of Marks & Spencer. When Stuart Rose took over in 2004, he introduced a new promotional brand under the "Your M&S" banner, with a corresponding logo. This has now become the company's main brand in its advertising, online presence and in-store merchandising. The clean font and modern colours of the new image are somewhat incongruous alongside the traditional M&S signage and associated fittings that still adorn the stores themselves. In fact the only thing they have in common is the use of M&S traditional green in the ampersand of the new logo. This may seem confusing at first, but the new look has been instrumental in the company's recent resurgence, particularly with the success of a new clothing campaign featuring the legendary model, Twiggy, and younger models associated with the bohemian styles of 2005-6, and the TV ad campaign for their food range featuring Dervla Kirwan and the tagline "This is not just food, this is M&S food". In 2006, "look behind the label" slogans were introduced by M&S and have been extremely successful. Fair trade clothing and foodstuffs are rolled out by all stores and all coffee and tea served in store cafe's are fair trade. Fishing is good for the environment also, so is the way that stores manufacture goods and recycle all of their waste

The issue of deforestation is the reality today Essay Example for Free

The issue of deforestation is the reality today Essay A standout amongst the most pervasive issues in our reality today is the issue of deforestation. Deforestation can be depicted as \the act of clearing the common timberlands for horticulture, logging, and so forth.\ (Deforestation Statistics). Subsequent to hearing the meaning of deforestation, the vast majority would not observe this to be an extremely noteworthy issue on the planet, however, in the wake of hearing the disturbing measurements related with deforestation, most would alter their opinion. For instance, apparently, the most stunning analysis is that deforestation has brought about 80 percent of Earth\s backwoods cover being chopped down (Deforestation Statistics). In spite of the fact that the timber gathered from these rainforests over the world fill essential needs, I don\t trust it is justified regardless of the value nature needs to pay. All that matters is this: Deforestation of the world\s rainforests isn\t justified regardless of the cost paid. Rainforests are home to incalculable types of creatures, a considerable lot of which are jeopardized. By tearing down trees in colossal amounts, people are demolishing the homes of each species that may live there. When mulling over that a portion of the animal types depending on the backwoods are jeopardized, one must understand that taking part in deforestation will probably bring about the elimination of that specific species. Deforestation has just dispensed with numerous species from our planet. For instance, Michael Greenwell composes that deforestation of the Amazon alone, brought about the annihilation of 26 distinct sorts of creatures and plants in South America, and 644 different kinds were in risk of getting to be noticeably terminated (Greenwell). When taking this data in, one must understand that those 26 distinct species are always gone. This is a lasting impact of deforestation. The creatures that are surviving deforestation are compelled to escape the zone and look fo r a new haven, which may be unsafe to animals, as well as to people too. In 2009, on the Indonesian island of Sumatra, six individuals were murdered by tigers. The explanation for this is the deforestation happening in Sumatra prompted laborers encroaching upon the living spaces of these tigers, finishing with the passings of 6 individuals (Mongabay). To make matters much more severe than they as of now are, the Sumatran tiger is \fundamentally imperiled,\ and this wood operation was illicit (Mongabay). Is the wood reaped from that woodland worth gambling wiping out the remainder of the 450 Sumatran tigers on earth (Mongabay)? Notwithstanding the damage deforestation incurs on creatures, deforestation is additionally unsafe to society. Numerous locals, particularly in South America, depend enormously on the rainforest. These clans live in the backwoods and accumulate the greater part of their assets from them too. The lives of these locals are flipped around when they must choose the option to surrender their home, because the rainforest is being annihilated in any case (Consequences of Deforestation). Clans are compelled to leave all that they know and move to more possessed territories that they are to a great degree unused to. In what capacity would someone be able to who has carried on with his or her whole life managing with the assets that earth gave abruptly figure out how to be effective in a city, where he or she is required to talk the dialect and know certain abilities? Deforestation ruins endless existences of individuals living in or close to the Amazon (Consequences of Deforestation). Keeping in mind the end goal to put into point of view exactly what number of individuals are affected in such a way, an article in the Nature Conservancy site expresses that \more than 1 billion individuals living in extraordinary neediness rely upon woods for their water, fuel, or occupations\ (). Likewise, quite a bit of my family on my dad\s side lives in Brazil keeping in mind the end goal to do mission work. They live in the wilderness now and again, and would be straightforwardly influenced if the territory of the Amazon in which they dwell was to be torn down. After my family in Brazil educated me on how specifically deforestation influences the locals they work with, I started to understand that deforestation is significantly a greater amount of an issue than I had trusted it to be. Another unsafe symptom of deforestation is the impact it has on the world\s climate. Deforestation is said to be specifically identified with the issue of an Earth-wide temperature boost. By chopping down the rainforests, the measure of nursery gasses in the environment increments. Trees and plants take in risky gasses, for example, carbon dioxide, and change over them into oxygen that we as people depend on. While chopping down rainforests, we are denying ourselves of wellsprings of oxygen to inhale, and in the meantime, expanding the measure of unsafe gasses noticeable all around (Consequences of Deforestation). In farct, \deforestation is the second driving patron for carbon discharges around the world\ (Climate Change: Our Priority). Along these lines, everybody who sees the issue of an unnatural weather change as imperative ought to likewise see the issue of deforestation as an issue that requirements more consideration, since how might one battle an unnatural weather change if the second driving reason is left unaddressed? Despite the fact that I do understand that deforestation gives openings for work to individuals in regions with rainforests, and that it gives society a lot of wood utilized for building, paper, and different items, is it extremely justified regardless of the cost paid? For consistently that passes, enough trees to totally cover the territory of New York are chopped down because of deforestation (Climate Change: What We Do). What\s more, if deforestation proceeds in light of current circumstances, it is evaluated that all rainforests will be killed inside a century (Climate Change: What We Do). More than 50 percent of the found plant and creature species live in tropical rainforests, and by dispensing with the trees, we wipe out these creatures. Rainforest deforestation has significantly a greater number of cons than masters, and needs more consideration. While considering how this influences plants, creatures, the climate, and society, it is clear that deforestation isn\t justified regardless of the cost paid.

The Ofcom As A Super Regulator Media Essay

The Ofcom As A Super Regulator Media Essay Introduction The broadcasting culture and the Ofcom regulatory framework enshrine the freedom of broadcasters to choose topics they want to cover in the programmes they broadcast and in appropriate manner. Whilst the broadcasters have the right to hold opinions and impart information and ideas to their audiences without interference, the audiences are also entitled to receive those ideas and opinions. With reference to this, the essay (a) critically discusses the challenges and potential pitfalls that the Ofcom Broadcasting Code (the Code) presents for sports broadcasters and assesses Ofcoms powers of enforcement should a breach of the Code occur; and (b) assesses the extent to which the content of the Code is shaped and influenced by the law and policy of the European Union. After considering the Ofcom as a super regulator, the essay identifies the major principles and rules of the Code. This is followed by an examination of the challenges and potential pitfalls that the Code presents for sports broadcasters. The essay goes to assess the Ofcoms powers of enforcement where there is a breach of the Code. Finally, the essay assesses the extent to which the content of the Code has been shaped and influenced by the law and policy of the European Union. a) The Ofcom as a super regulator Before 2005 there were various regulators, such as the Broadcasting Standards Commissions (BSC), the Independent Television Commission (ITC) and the Radio Authority (RA), which regulated the exploitation of media rights. The net result was that many anomalies arose by virtue of the changing roles of those platforms (Verow, Lawrence and McCormick, 2005:324). The Ofcom was formally established on 29 December 2003 under the Communications Act 2003 as the United Kingdoms super regular to oversee all regulation in the media and communication sectors. In terms of broadcasting regulatory functions, it takes over the BSC, ITC and the RA. The creation of the Ofcom has rapidly changed the structure of television regulation in the United Kingdom (Carey, 2010:242). The Code Section 319 of the Communications Act 2003 entrusts the Ofcom with the power to set and revise a code for the standards of contents of radio and television programmes. The Ofcom has revised the Code on various occasions. The most recent version of the Code took effect on 28  February 2011. It covers all programmes broadcasted on or after 28 February 2011. It applies to radio and television content in services licensed by the Ofcom.  With the exception of the BBC, the Sianel Pedwar Cymru (S4C) and the S4C Digital, all United Kingdoms broadcasters must have the appropriate licence in order to operate a broadcasting service. All Ofcom licensees as well as the BBC and the S4C are required to comply with the Code. The Code governs, among other things, standards and practice in programme content, advertising and programme sponsorship. Section 1 of the Code requires broadcasters to protect those under the age of 18 by providing rules on scheduling and content information. Television broadcasters must observe the 21:00 watershed. The watershed does not apply to radio broadcaster, but a particular regard must be made to times when children are likely to be listening. Section 1 also curbs, among other things, violence, dangerous behaviour as well as offensive language appearing before the watershed or in an inappropriate context. In addition, section 1 insists on broadcasters to take care over the physical and emotional welfare of and the dignity of people under 18 who take part or are involved in programmes. Section 2 requires broadcasters to apply accepted standards to the contents of television and radio services in order to provide adequate protection for the public from the inclusion of harmful and/or offensive material in such services. Programmes must not include material which condones or glamorises violence, dangerous, or anti-social behaviour or is likely to encourage others to copy such behaviour. Section 3 requires broadcasters to, among others things, protect member of the public from the inclusion of harmful and/offensive materials, such as offensive language, distress, and discriminatory treatment or language. Section 4 requires broadcasters to exercise proper degree of responsibility with respect to the content of religious programmes. Section 5 provides for due impartiality and due accuracy and under prominence of views and opinions. Broadcaster must report news, in whatever form, with due accuracy and present them with due impartiality. Any mistake must be acknowledged and corrected immediately. Viewers must be made aware of what they are seeing. If a presenter gives a personal view or makes an authored programme, this must be made clear and alternative viewpoints adequately represented, either in the programme or in series of programme should be taken as a whole. Section 6 deals with elections and referendums by requiring impartiality to be strictly maintained in constituency reports. Section 7 requires broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes. For example, if a team coach is approached for a post-match interview and refuses to appear, the broadcast should make clear that s/he has chosen not to appear and should give their explanation if it would be unfair not t o do so. Section 8 requires broadcasters to avoid any unwarranted infringement of privacy in programmes and in connection with obtaining material included in the programmes. Any infringement of privacy should be warranted. Sections 9 and 10 of the Code are most relevant provisions to sports broadcasting. Section 9 deals with commercial references in television programming. Section 10 deals commercial referencing in radio programming. The BBC, S4C and S4C Digital are not Ofcom licensees and, therefore, not subject to sections 9. However, they are subject to the legislation on listed events and, therefore, the regulations on listed events as set out in the relevant provisions of the Code. Section 9 requires broadcasters to maintain independent editorial control over programming. It also obliges broadcasters to ensure the distinction of editorial content from advertising. It prohibits surreptitious advertising which makes reference to a product, service or trade mark within a programme with the intention to advertise without making this clear to the audience. Section 9 provides rules for the sponsorship of television programmes. It provides regulations relating to, among others things, prohibited sponsors and the format and content of the sponsors credit. This is often referred to as a sponsor bumper or billboard (Lewis and Taylor, 2009:1239). Section 9 provides that the purpose of the sponsor credit should be simply to inform viewers that the relevant programme is sponsored and who the sponsor is. Therefore, section 9 requires the credit not to contain advertising messages or calls to action to viewers and to be kept separate from commercial breaks and from the programming itself. Accordingly, section 9 permits credits at the beginning and/or end of the programme and going into and coming out of commercial breaks. However, section 9 does not specify limits as to the permitted duration or number of sponsor credits. Section 9 simply indicates that, for these purposes, undue performance should not be given to a sponsor and credits within programme trailers should remain brief and secondary. Radio and television broadcasting are subject to different legislative requirements and terminology. Therefore, section 10 of the Code contains specific rules to radio broadcasting. The fundamental principle in section 10 is to ensure the transparency of commercial communications as a means to secure consumer protection. Viewers must not be misled. There has to be transparency and editorial independence. Advertising products has to be kept separate from the content of programmes. Challenges and pitfalls of the Code for sports broadcasters Sports broadcasters should be free to choose sporting events they want to cover in their sport broadcasting programmes. This principle underlines the broadcasting culture and the regulatory framework in which the Ofcom operates. However, the right to choose sporting events to broadcast is subject competition rules, intellectual property law as well as human rights. Television broadcasting is the most frequently area the competition authorities have been involved in the business of the sport. The Office of Fair Trading (OFT) and the European Commission have scrutinised arrangements that appeared to restrict market competition in the market for the acquisition of premium sports contents. Broadcasting organisations are subject to Articles 101 and 102 of the Treaty for the Functioning of the European Union (TFEU). The grant of exclusive rights for sport broadcasting can have implications on the freedom of other broadcasters to choose sporting events they would like to cover in their sports broadcasting programmes. However, the grant of exclusive rights is not per se contrary to the EU competition law. This is particularly the case in relation to the audiovisual industry where exclusivity may, in fact, have pro-competitive effects. The OFT has investigated allegations of BSkyB abusing its dominant position in its exclusive right to broadcast certain live sporting events by exerting an anti-competitive margin squeeze on its rivals, pricing its channels, and giving anti-competitive discounts to distributors (OFT, 2002). The OFT found that BSkyB was dominant in, among others, the wholesale supply of certain premium sports. Since the being dominant does not infringe competition rules, the OFT considered whether BSkyB had abused its dominant position in relation to margin squeeze, mixed bundling and discounts and found that that there was no abuse of its dominant position. In order to transmit  sports  content, sports broadcasters need a prior consent or authorisation from theà ¢Ã¢â€š ¬Ã¢â‚¬ °sports  organisation running the event in question, since they are the owners of the sports  content. English law does not recognise the existence of proprietary rights in a sports event per se. However, this does not mean that such rights do not exist. Instead, those rights are created, exploited and protected not as sui generis rights, but by virtue of the application in combination of principles of real property law, contract law and intellectual property law. Many sports rights including broadcasting rights are predicated on the event organiser having exclusive control over access to the venue at which the sports event is held. Under English law, sports broadcasting rights consist of a license to enter the venue, film the proceedings and transmit the resulting footage to the public (Arnold, 2001:51). Section 1 of the Copyright, Design and Patent Act 1988 (CDPA) provides that copyright subsists in, among others, broadcasts and cable programmes. Section 2(1) confer upon the owner of copyright in a work exclusive right to, among others, broadcast the work or make it available to the public by electronic transmission. For broadcasts, the copyright is owned by the maker of the broadcast (CDPA, s. 12). Copyright underpins the enormous industry that surrounds the creation and broadcast of audiovisual images of sports events. Sound recordings include player interviews, audio files, and tapes of radio broadcast. Films encompass audiovisual footage of sports events and news conferences, training sessions and player interviews, interspersed with coverage of pundits. Therefore, whilst there may not be any copyright inherent in a sporting performance per se, if that performance is recorded on audio and/or video-tape, that recording and its subsequent communication to the public by broadcast or electronic transmission will be protected by copyright. This means that the freedom of broadcasters to choose what sports events to cover in their sports programmes is restricted as they cannot broadcast copyrighted sporting material as this will amount to copyright infringement. However, the CPDA permits a present assignment of future copyright which takes place as soon as the copyright work to which it relates is created. For example, the BBC records and broadcasts coverage of a Premier League football match, then in the absence of such an assignment the owner of the copyright in the signal would be the BBC. However, in its broadcasting agreement with the BBC, the Premier League will have taken an assignment of copyright in the signal from the BBC and lice nsed back to the BBC the right to incorporate the signal into the BBC programming for specific number of times during the term of the agreement. Further, sport news access is effected through the use of the fair dealing exception in the CDPA. The provision allows for the copyright material to be used without the permission of the copyright owner where it acknowledges the rights holder and the use is appropriate in terms of the importance of the event. Further,  broadcasters  in the United Kingdom have adopted a News Accessà ¢Ã¢â€š ¬Ã¢â‚¬ °Code  of Practice, which provides regulation of the use of sports  footage in terms of the programmes in which it is used and the length of extract that is appropriate. In the BBC v British Satellite  Broadcasting (BSB) [1991] 3 All E.R. 833, BSB tested the fair dealing concept during the 1990 World Cup by extensively using extracts of footage to which exclusive broadcast rights had been acquired by BBC and ITV. The question was whether the use of the BBCs broadcasts constituted fair dealing for the purpose of reporting current events under the CDPA. The court found in favour of B SB and as a result of this case, the major  broadcasters  drew up the News Access Code  of Conduct. According to the Code, broadcasters have the right to hold opinions and impart information and ideas to their audiences without any interference and audiences are also entitled to receive those ideas and opinions. However, the licensed broadcasters are also required to comply with the standards set out in the Code. These include standards which protect members of the public from offensive and/or harmful material. However, this may pose a challenge to sports broadcasters, particularly where the fans chant offensive and/or harmful material, including discriminatory language or invade the pitch. There is also an ever-increasing use of foul language by players on live football matches due to frustration or being angry when decisions go against their teams. Besides this, it is worth noting incidents, such as the infamous clothes malfunction in the 2004 Super Bowl between Justin Timberlake and Janet Jackson with estimated 6.6 million children from age two to eleven were watching when Janet Jackson exposed her right breast to the audience (Thornton, Champion and Ruddel, 2011:75). In addition, the standards set out in the Code must be applied in a manner which best guarantees an appropriate level of freedom of expression. This is because the Code takes into account the Human Rights Act 1998 (HRA) as well as the European Convention on Human Rights (Convention) (Ofcom, 2011:2). The right to freedom of expression in Article 10 of the Convention encompasses the right of the audiences to receive creative material, information and ideas without interference but subject to restriction prescribed by law and necessary in a democratic society. Further, consideration must also be made to Article 8 of the Convention on the right to a persons private and family life, home and correspondences. The Ofcom has also taken into account Article 9 (freedom of thought, conscience and religion) and Article 14 (the right to enjoyment of human rights without discrimination on grounds such as sex, race and religion). In R. (on the application of Gaunt) v Office of Communications (OFCOM) [2011] EWCA Civ 692, the court held that the provisions of the Code had to be interpreted, and applied in particular cases, in compliance with Article 10 of the Convention. The appellant radio presenter appealed against a decision of the High Court dismissing his application for judicial review of a finding by the defendant Ofcom that a broadcast interview conducted by him breached the Code. The Ofcom had found the language used by the presenter and the manner in which he treated his interviewee had the potential to cause offence to many listeners contrary to the Code. The High Court held that the Ofcoms finding was not a disproportionate interference with the presenters right to freedom of expression as the offensive and abusive nature of the broadcast was gratuitous and had no factual context or justification. Dismissing his appeal, the Court of Appeal held that when deciding whether the interview offended the Code, the interview had to be considered as a whole and in its context. When the presenters extremely aggressive tone, his constant interruptions, his insults, his ranting, the consequent lack of any substantive content, and the time for which the interview was allowed to run on were combined, it was clear that Ofcom was right to conclude that there had been a breach of the Code. It was impossible to accept the contention that the publication of the Ofcom finding, which contained no sanction other than the stigma of the publication of an adverse finding by a statutory regulator, represented an interference with the presenters right to freedom of expression under Article 10 of the Convention. The fact that the topic covered by the interview was of public interest was of limited force once the contents of the interview were considered. The Code does not address all issues which could arise in sports broadcasting. As a result, sports broadcasters may face a number of individual situations which the Code does not specifically refer to. It contains some examples, but they are not exhaustive. However, the principles set out in the Code make it clear that the Code is designed to achieve and help broadcasters make the necessary judgements (Ofcom, 2011:6). Sports broadcasters can make programmes about any sport issue they choose, but they must at all times ensure that the programmes comply not only with the general law, but also with the Code. The Ofcom may provide general guidance to sports broadcasters on the interpretation of the Code. However, neither such advice will affect Ofcoms discretion to decide on cases and complaints after the programme has been broadcasted nor the exercise of its regulatory responsibilities (Ofcom, 2011:6). There may be problems of differentiating between user generated contents (UGC) and professional contents offered on UGC platforms. There may also be blurring boundaries between audiovisual media services provided by sports newspapers and sports channel websites as well as online newspapers and sports news portals. A service fall outside the Authority for Television On-Demand (ATVOD) if the video content appears as integral part of online version of newspaper, for example, alongside a text based story. However, the audiovisual content on a website will fall within scope of the ATVOD if it constitutes a consumer destination in its own right and the content can be viewed and enjoyed without reference to the publication offering. There have been challenges against ATVOD determinations for qualifying video services as on-demand programme service (ODPS). In February 2011, the ATVOD held that the  Sun Video  section of  The Sun  website was an ODPS within the meaning of section 368A of the Communications Act 2003 and should have been notified to and regulated by the ATVOD as such (Lewis, 2012). According to section 368A, to be an ODPS, a service must fulfil five criteria. These are that the principal purpose of the service should be to provide programmes which their form and content are comparable to TV-like services, must be accessible on-demand, there must be a person responsible for editorial, it is made available for use by members of the public, and it is within the United Kingdoms jurisdiction. ATVOD has the power to decide which services constitute an ODPS and to provide guidance on the matter. Any exercise of ATVODs power is subject to appeal to Ofcom. The Suns owners, News Group, appealed to the Ofcom based on the first criterion that the principal purpose of the service was to provide programmes the form and content of which were comparable to TV-like services. It further argued that the  Sun Video  section was part and parcel of the whole site, which was an integrated offering. The ATVODs view was that the  Sun Video  section of  The Sun  website was an ODPS. In applying the five ODPS criteria, the ATVOD looked at the  Sun Video  section of  The Sun  website as a service in its own right and then applied the five ODPS criteria to that section. The Ofcom upheld the News Groups appeal, setting aside ATVODs decision and replacing it with its own. The Ofcom said that it was important to consider the whole of what is provided in order to determine whether there was any audiovisual material on the website whose  principal purpose  was to provide TV-like programmes. It set out a two-part test which it used and said should be used when assessing whether a service is an ODPS. The test comprises what Ofcom referred to as the principal purpose part and the comparability part of the test. With regard to the principal purpose part of the test, Ofcom said that where audiovisual content is provided together with other contents one all of the material in context must be looked at. Thus, it necessary to consider whether, taken as a whole, the audiovisual material forms part of a service whose principal purpose is to provide that audiovisual material, or is simply ancillary to the provision of some other service. If the answer to the fi rst test is in the affirmative, the question under the comparability test should be whether the audiovisual material is comparable to TV-like programmes. The Ofcom decided that the principal purpose test was not satisfied, but did not go further to analyse the comparability test. Ofcom provided some examples of characteristics of a service that its principal purpose could be said to provide audiovisual material. These include (a) the service having its own homepage; (b) the videos being catalogued and accessed separately; (c) the videos being presented and/or marketed as a TV channel; (c) the duration of the videos is substantially longer; (d) little or no linkage between the videos and other material; (e) where the service provides both written and audiovisual material, the audiovisual material is significantly more than the written material, the written is brief or introduces the audiovisual material, and the videos are the primary means of conveying to users the information they are seeking; and (f) the videos are ancillary to, or enhance, a non-audiovisual service. The Ofcom applied these tests holding that the aim of the  Sun Video  section was to collate and supplement the content from the rest of the website.   No part of the website was a servic e whose principal purpose was the provision of TV-like programmes. The Ofcoms decision could be seen as a victory for the operators of similar sites, particularly for online newspapers and magazines that are rich in video content. However, such sites may still be caught by ATVODs regulatory regime in future. A website providing a mixture of videos and written content  could  be deemed an ODPS. The Sun Videos displayed some ODPS features and fulfilled a number of the characteristics suggested by Ofcom which satisfied the principal purpose test, but on balance, the Ofcom held that  Sun Video  did not do so sufficiently to make it an ODPS. The Ofcom said that there was no blanket exclusion for newspaper websites. The Ofcoms powers of enforcement of the Code The Ofcom neither previews programmes nor requires advance schedule information (Carey, 2010:243). The broadcasters are responsible to ensure that the material broadcast does not offend against the (Carey, 2010:243. It enforces the Code by means of a condition in every licence requiring observance and adherence to the Code. It has published on its website the procedures for investigating complaints and the application of statutory sanctions to broadcasters (Ofcom, 2011).  The Ofcom may impose statutory sanctions against a broadcaster who has breached the Code deliberately, seriously or repeatedly. However, the Ofcom often issues directions to the licensee not to repeat the programme in question, or to broadcast the correction or a statement of Ofcoms findings. Other breaches of the Code may be penalised in fines and, in most extreme cases, forfeit of the licence. The maximum financial penalty for commercial television or radio licensees is  £250,000 or 5% of the broadcasters qual ifying revenue, whichever is the greater. For the BBC, the maximum financial penalty payable is  £250,000. In 2008, the Ofcom fined MTV Networks Europe  £255,000 for widespread and persistent breaches of the Code (repeated  broadcast  of blatantà ¢Ã¢â€š ¬Ã¢â‚¬ °foulà ¢Ã¢â€š ¬Ã¢â‚¬ °language  before the 21.00 watershed) in respect of its certain channels (Lewiston, 2008). In the same year, the Ofcom fined the ITV a total of  £5,675,000 for what it considered to be the worst breaches of the Code it has ever come across. The breaches related to the use of premium rate telephone lines in some of the broadcasters programmes. The fine is the highest ever imposed by Ofcom and reflected not only the seriousness of the ITVs failures, but also their repeated nature (Hughes, 2008:162). However, the failure of the Ofcom to fine the ITV anywhere near five per cent of its qualifying advertising revenue has been criticised in some quarters for sending out the wrong signal (Hughes, 2008:162). In 2011, the Government has proposed to reform the appeals process under section 192 of the Communications Act 2003 for Ofcom regulatory decisions by introducing an enhanced form of judicial review that would, for the first time in statutory history, allow consideration of the merits of Ofcom decisions. The Government believes that changing the standard of review would lead to more focused appeals whilst reducing the need for oral and cross examination of factual and expert witnesses. This would result in shorter hearings and more focussed pleadings than is presently the case. However, this would impose constraints on the right of appeal that do not apply to these sectors (McInes, 2011:14). b) The influence of the EU law and policy on the Code The main EU regulation of the sports broadcasting was the EC Directive 89/552/EEC on Television without Frontiers Directive (TWF Directive), as amended by Directive 97/36/EC and by Directive 2007/65/EC on Audio Visual Media Services Directive (AVMS Directive). The Audiovisual Media Services Directive  amended and renamed the TWF Directive by providing less detailed but more flexible regulation. It also modernised TV advertising rules  to better finance audiovisual content. The aims of the original TWF Directive were to harmonise television broadcasting law throughout the European Union, including by way of establishing minimum requirements relating to the protection of minors, rules on advertising as well as the encouragement of production of European works (Lewis and Taylor, 2009:1239). However, dated back to 1989, the TWF Directive dealt only with traditional television services. However, the advances of technology since its first implementation have been so vast that it became increasingly in need of updating to provide harmonised regulations to all forms of audiovisual services regardless of the type of technology used to deliver them (Lewis and Taylor, 2009:1239; Wardade, 2009:336). Consequently, the AVMS Directive was adopted in December 2007 requiring Member States to implement it within two years (AVMS Directive, Art. 3). The AVMS Directive provided two ties of regulation, depending on whether the audiovisual service was scheduled broadcast or on demand. It sought to be less restrictive for on demand services on the basis that the consumer had greater control over what it pulled down as opposed to scheduled which are received passively if a viewer switches on to a particular channel (Ridgway, 2008:110; McEneaney, 2008: 60). The Code took into account a number of requirements relating to television in the TWF Directive, as amended by AVMS Directive. However, by the time the AVMS Directive was implemented at the national level, it had already been superseded by technological developments (Wardade, 2009:341). Thus, the  TWF Directive and  its amendments has been repealed by Directive 2010/13/EU) on Audiovisual Media Services (AMS Directive), which came into force  on 5 May 2010. The AMS Directive was implemented in the United Kingdom by the Audiovisual Media Services (Codification) Regulations 2010, which came into force on 18 August 2010. Extracts of the AMS Directive can be found in Appendix 2 of the Broadcasting Code. The Code brings into effect certain provisions from the AMS Directive. Prior to the introduction of regulations to implement the AVMS Directive, product placement in programmes was expressly prohibited on scheduled television services. However, there was no regulation on on-demand services in the United Kingdom at all. The AMS Directive has relaxed the rules on product placement on on-demand services. The AMS Directive was implemented in the United Kingdom in February 2010 by Audiovisual Media Services (Codification) Regulations 2010). Article 11 of the AMS Directive permits product placement under certain circumstances. Firstly, the AMS Directive requires the responsibility and the editorial independence of the media service provider to remain unaffected.   This attempts to balance the free movement of services within the European Union and the need to ensure a high level of public health, consumer and child protection (Garde, 2011:92). The Ofcom has implemented Article 11 of the AMS Directive by revising section 9 of the Code which came into force on 28 February 2011. Rule 9.8 provides that product placement must not influence the content and scheduling of a programme in a way that affects the responsibility and editorial independence of the broadcaster. Secondly, the AMS Directive requires that programmes with product placement not to directly encourage the purchase or the rental of the placed goods or services. Rule 9.9 of the Code implements this more broadly by providing that references to placed products, services and trade marks should not be promotional. Thirdly, the AMS Directive requires programmes containing product placement not to give undue prominence to placed products, services or trade marks. Rules 9.5 and 9.10 of the Code implements this by further specifying that two factors may be indicative of undue prominence, namely the presence of, or reference to, a product, service or trade mark in programming where there is no editorial justification; or the manner in which a product, service or trade mark appears or is referred to in programming. Further, the AMS Directive requires viewers to be clearly informed of the existence of product placement and that the programmes with product placement should be identified at the start and the end of the programme, and when a programme resumes after an advertising break so as to avoid confusing audiences. Rule 9.14 of the Code implements the information requirement laid down in the AVMS Directive. On 14 February 2010, the Ofcom disclosed the two versions of the universal neutral logo which is used to inform viewers of the existence of product placement on television and the rules surrounding its use. The Rule 9.11 of the Code reproduces the requirements of article 11(4) of the AMS Directive by prohibiting the placement of cigarettes and tobacco products and prescription-only medicines. However, rule 9.13 extends the list by banning the placement of alcoholic drinks, foods or drinks high in fat, salt or sugar, gambling; infant formula, all medicinal products, c

Burlesque :: essays research papers

Mayor LaGuardia’s Campaign during the 1930s against burlesque performances in New York City   Ã‚  Ã‚  Ã‚  Ã‚  What is obscenity? According to Webster’s New World Dictionary, obscenity is the state or quality of being obscene which means that is offensive to modesty and or decency. During the 1930s and 1940s, New York City was infected with burlesque shows. During these times this shows were considered indecent and immoral by Mayor LaGuardia, his license commissioner Paul Moss, and John Sumner. Women were used as objects of entertainment. In 1934 Mayor Fiorello H. LaGuardia took office. Fiorello LaGuardia was a decisive and objective man. Mayor LaGuardia saw a very problematic situation for New York City when it came to this kind of performances. The targets of LaGuardia ‘s wrath were burlesque houses, where strippers had alternated turns with stand-up comics and the other acts since at least the turn of the century (Newyorkmetro.com). Clearly, LaGuardia was focused on stopping these displays of female degradation. It is important to mention that were two kind s of entertainments displays during this time. One group was the burlesque shows, which degraded females by displaying them as sexual objects. These shows were targeted towards the low income and illiterated people. The other group was called Ziegfeld Follies, which was aimed for the high elite people. This form of entertainment was a very refine and elaborated, but also did contain degrading displays. Regardless, Fiorello LaGuardia’s campaign unfairly opposed Burlesque performances instead of the Ziegfeld Follies, since it was politically easier to take action against shows that were supported by the lower class.   Ã‚  Ã‚  Ã‚  Ã‚  What actually was Burlesque? It was a popular and inexpensive form of entertainment whose basic ingredients were girls, gags, and music (Minsky’s Burlesque,26). These shows where aimed for mostly low income and illiterate people. One of the most controversial facts that Burlesque performances confronted was when one of their actresses had an accident on stage. She had a detachable collar that as soon the audience saw her pulled off they started applauding for an encore. As Mae (the actresses) came back to bowed they clapped like crazy. For a moment Mae lost her head and decided to came back to the stage and unbuttoned her bodice as she left the stage again (Minsky’s Burlesque,34). The audience couldn’t believe what just happened that night. It is possible that the Mae’s came back fact was one of the first nudity displays at that time.

Holding Parents Accountable for Their Childrens Behavior :: essays research papers

In the past, there have been many minors who have done numerous of acts in which they are punished in a reasonable manner. Just imagine if the parents of these children were put on trail instead of the minors. Why should a parent have to suffer the consequences for their child’s mistake, in which they probably had no idea what the child was doing.   Ã‚  Ã‚  Ã‚  Ã‚  According to The Beaufort Gazette in Beaufort, SC, â€Å"A couple in Boise, Idaho now faces criminal charges because their 10- and 12-year old sons sexually molested three of their younger siblings, starting when one of the children was just one month old.† The report goes on to say, â€Å"Prosecutors said one girl was just 2 years old when the abuse started in October 2002. The other girl was less than 8 months old. The sexual abuse of the boy allegedly began in December 2002, when he was just one month old.†   Ã‚  Ã‚  Ã‚  Ã‚  According to The Idaho Statesman Newspaper in Boise, Idaho, â€Å"The parents are being charged with four counts of felonies. The first three include the connection with the allegations of sexual abuse by the boys, and the fourth charge addresses allowing a child to walk on dirty floors, in which resulted in infected cuts on the child’s feet.†   Ã‚  Ã‚  Ã‚  Ã‚  This sounds more like a child neglect case rather than a connection of a child molestation case. I am not defending the couple in any way, but I feel there is no proof of them knowing about such acts going on between their children. Therefore, it will be hard to prosecute the couple on the molestation charges unless there is some type of evidence that is not being presented or considered until the trail.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  There was a

How to Motivate Fred Maiorino Essay

Fred Maiorino was employed by Schering-Plough for 35 years and on July 19, 1991 he was terminated. Fred was terminated because the lack of motivation he has once Jim Reed was hired. The factors that inhibit Jim Reed from motivated Fred Maiorino are lack of leadership, lack of goals, and lack of an effective employee performance review. Leadership Jim Reed fails to motivate Fred because of the unsuccessful role as leader. A successful leader has the ability to manage and supervise the performances of their employees. (Kacmar, Carlson, Harris 2013). These authors describe several leadership styles but the most effective in motivating employees is transformational leadership style. The transformational leadership style inspires employees by establishing a work environment that is motivating and invigorating (Kacmar, Carlson, Harris 2013). Motivating employees initiate them to believe in organizations ambitions. The transformation leadership technique encourages and motivates employees to be mindful of the significance of their role within the company. The authors explain a transformation leader that stimulates and motivates employees has the ability to achieve astonishing outcomes and improve their leadership capability. They also assist in developing and strengthening employees. They are effective in overcoming defiance among the employees by instilling passion, strength and cooperation between employees and establishing a set of standards to follow. Leaders must demonstrate ethics, honesty, beliefs and trust to establish a positive work atmosphere so employees will be motivated to do their best. (Pryor, Singleton, Taneja, & Humphreys, 2010) A leader that motivates allows an employee to feel confident and appreciated for their work. Employees want to believe that they are valued and respected by their managers. Transformational leadership significantly enhances the competence leaders have to impact an increase in collaboration among employees. According to Schuh, Zhang, & Tian (2013) the end result of transformational leadership is â€Å"uniformly positive†. Transformational leaders believe employees are a valued asset instead of, just an employee. Employees should be involved in making decisions. Transformational leaders should be able to listen and have the ability to communicate with employees. A transformational leader will allow employees to disprove of ideas and  offer new suggestions. Employee motivate and morale will increase with the continually use of the transformational leadership style. Jim Reed should have adopted a transformational leadership style to motivate Fred Mariono. Goal Setting Jim Reed’s lack of goals contributes to the failure of motivating Fred. Goal setting is a tool that can be used to motivate employees, allowing them to feel important and valued as an employee. (Latham 2004) Efficient goal setting is force of performance. According to Locke & Latham (2002), the goal setting theory emphasizes that employees given precise goals than being told â€Å"do your best† The more successful attempts an employee has a obtaining their goal, the higher their job satisfaction will be. Setting goals for employees instill purpose and meaning to their job and allows them to challenge each other. Achieving goals increase employee’s interest, enhanced sense of personal efficiency, and pride in job performance. (Latham 2004) The importance of goals to employees influences the commitment to the goal. Goals are regulated by aptitude, commitment, feedback, difficulty, and situational elements. (Barsky 2008) An employee’s success in accomplishing stimulating but obtainable goals is directly correlated with positive and valued results. The higher the significance of the expected results for the employee, the higher the goal commitment to achieve it (Latham 2004). Once the goal is set, it is the employee’s assessment that will govern the level of performance (Latham, 2004). Specific goals set for Fred would have challenged, motivated, and increased his level of performance Performance Evaluation The failure of implementing an effective performance evaluation contributed to not motivating Fred. Jim Reeds method could be described as unintended outcome.(Van De Mieroop, Vrolix 2014) that is obtained from unacceptable performance ratings. Performance evaluations should be comprised of principles that determine the level of performance and a valuation to determine the achievements of the employee. An effective performance evaluation will clearly state employee’s expectations and standards. A performance evaluation review should not be based on historical factors. The purpose of performance reviews should focus on the future. (Van DE  Mieroop, Vrolix 2014) The most effective way to increase performance is by direct feedback (Ahmed, Sultan, Paul, Azeen 2013). The key motives for lack of performance can be accredited to lack of managerial success due to the lack of manager’s direction and feedback to employees. .(Yadav, Sushil, Sagar 2014) Leaders need to make employees aware of their responsibilities, obligations to the company and their expectation and then offer continuous feedback. Employees need to be made aware of the progress of their performance levels. (Yadav, Sushil, Sagar 2014) Many studies have revealed that most performance appraisals do not meet the company’s expectations because it emphasis the weaknesses of the employees. This has a tendency to make employees very defensive about the negative focus on their weaknesses. Along with distrust, negative feedback can deter performance, making the performance review ineffective for developing an employee. Jim Reed’s lack of an effective performance evaluation played a role in the termination of Fred. Recommendations Jim Reed needs to adopt a transformational leadership style. Employee ‘s level of performance is positively impacted when transformational leadership is applied. There are four transformational leadership approaches to increase productivity, increase motivation, and decrease turnover. (Zhu, Akhtar 2014) The first approach is to for leaders to set a superior example. This gains the leader respect and trust from employees. They are able to motivate, create change and boost the interest of employees. Second approach is leaders that inspire and are motivated themselves have the ability to motivate employees to be dedicated to the company’s goals. Leaders will also have the ability to encourage their employees to work together and obtain goals and increase their level of performance. (Baca Walker 2013) The third approach is that challenging employees intellectually will stimulate and encourage creativity and originality. Doing this, will able employees to think decisively and develop problem solving skills to assist the company in becoming more effective. The last approach, transformation leadership technique promotes employee consideration. Transformation leaders care about each employee and are often viewed as advisors and teachers. Schuh, Zhang and Tian (2013)have determined that there is a positive correlation between the behavior of  managers and employee results. The success of an organization is directly correlated with an increase in level of performance, efficiency, and improvement. A transformational leadership technique applied would have assisted in motivating Fred. Jim Reed needs to set goals for employees based on the goal setting theory to motivate employees. Performance is indirectly affected by setting goals. According to Latham & Locke (2002), there are several key factors to ensure that the goals are effective. Employees must possess the skills and knowledge to achieve the goal g iven. A learning goal should be set when the employee lacks the knowledge to obtain the goal. The employee needs to be committed to the goal. To ensure that an employee is committed, the goal must be important and deemed as achievable to the employee. Its neccassary that an employee feels committed to achieving the goal for the level of performance to be affected. (Bateman, Barry, 2012) One important factor that facilitates goal commitment is the belief that the individual are able to attain the goal. (Locke, Latham, 2002). Managers need to give the employee feedback, to keep the current on their achievements. Employees that learn they are below their goal usually escalate their determination or adjust their strategy to ensure they achieve their goal. Locke and Latham (2002) suggest that when feedback allows performance to be tracked in relation to one’s goal, goal setting is more effective. When employees realize that they are not on track to accomplish their, they will work harder to increase level of performance. (Tamemag, OHora, Maglieri 2013) If employees are unaware of their progress, they have no way of knowing that change is needed in their performance. The manager is also responsible for ensuring that the employee has all necessary resources to achieve their goal. The implementation of the goal setting theory would have assisted Jim Reed in motivating Fred and could have prevented him from being terminated. Jim Reed needs to base his employee performance review off of the Behaviorally Anchored Rating Scale. Research has determined one of the most effective ways of evaluating employees is the Behaviorally Anchored Rating Scale. BARS is technique that evaluates employees based on their level of performance. This scale combines basics from critical incident and graphic rating scale methods.( Hauenstein, Brown, Sinclair, 2010) BARS will assist in managing changes for promotions and helps in addressing poor performance. It allows the ability to evaluate  other programs within the organization. References Ahmed, I., Sultana, I., Paul, S., & Azeem, A. (2013). Employee performance evaluation: a fuzzy approach. International Journal Of Productivity & Performance Management, 62(7), 718-734 Bacha, E., & Walker, S. (2013). The Relationship Between Transformational Leadership and Followers’ Perceptions of Fairness. Journal Of Business Ethics, 116(3), 667-680 Barsky, A. (2008). Understanding the Ethical Cost of Organizational Goal-Setting: A Review and Theory Development. Journal Of Business Ethics, 81(1), 63-81 Bateman, T. S., & Barry, B. (2012). Masters of the long haul: Pursuing long-term work goals. Journal Of Organizational Behavior, 33(7), 984-1006 Ganster, D. C., Kiersch, C. E., Marsh, R. E., & Bowen, A. (2011). Performance-Based Rewards and Work Stress. Journal Of Organizational Behavior Management, 31(4), 221-235. Hauenstein, N. A., Brown, R. D., & Sinclair, A. L. (2010). BARS and Those Mysterious, Missing Middle Anchors. Journal Of Business & Psychology, 25(4), 663-672. Kacma r, K., Carlson, D. S., & Harris, K. J. (2013). Interactive Effect of Leaders’ Influence Tactics and Ethical Leadership on Work Effort and Helping Behavior. Journal Of Social Psychology, 153(5), 577-597. Latham, G. P. (2004). The motivational benefits of goal-setting. Academy Of Management Executive, 18(4), 126-129 Locke, E.A.,&Latham, G.P. (2002). Building a practically useful theory of goal setting and task motivation: A 35-year odyssey. American Psychologist, 57, 705–717. Pryor, M. G., Singleton, L. P., Taneja, S., & Humphreys, J. H. (2010). Workplace fun and its correlates: A conceptual inquiry. International Journal of Management, 27(2), 294-302. Schuh, S., Zhang, X., & Tian, P. (2013). For the Good or the Bad? Interactive Effects of Transformational Leadership with Moral and Authoritarian Leadership Behaviors. Journal Of Business Ethics, 116(3), 629-640 Tammemagi, T., O’Hora, D., & Maglieri, K. A. (2013). The Effects of a Goal Setting Intervention on Produc tivity and Persistence in an Analogue Work Task. Journal Of Organizational Behavior Management, 33(1), 31-54 Van De Mieroop, D., & Vrolix, E. (2014). A Discourse Analytical Perspective on the Professionalization of the Performance Appraisal Interview. Journal Of Business -Communication, 51(2), 159-182 Whiting, H. J., Kline, T. B., & Sulsky, L. M. (2008). The performance appraisal congruency scale: An assessment of person-environment fit. International Journal Of Productivity And Performance Management, 57(3), 223-236 Yadav, N., Sushil, & Sagar, M. (2014). Revisiting performance measurement and management: deriving linkages with strategic management theories. International Journal Of Business Performance Management, 15(2), 87-105 Zhu, Y., & Akhtar, S. (2014). How transformational leadership influences follower helping behavior: The role of trust and prosocial motivation. Journal Of Organizational Behavior, 35

Sugar Gradient Lab Report

Sugar Gradient Lab Procedure: 1. Get out 5 separate cups or beakers and fill them ? full with water in each. 2. Number each of the cups 1 through 5. And color accordingly with food dye: †¢Cup 1- 2 drops of yellow †¢Cup 2- 2 drops of red †¢Cup 3- 2 drops of green †¢Cup 4- 2 drops of yellow and 1 drop of red †¢Cup 5- 2 drops of blue 3. Add: †¢1 scoop of sugar in Cup 1 †¢2 scoops of sugar in Cup 2 †¢3 scoops of sugar in Cup 3 †¢4 scoops of sugar in Cup 4 †¢8 scoops of sugar in Cup 5 4.Mix each cup until the sugar is dissolved completely and the food dye in mixed in well. 5. Take a pipette and fill it with the substance in Cup 5. 6. Drop 10-20 drops down the side of the inside of a test tube (you may need to refill the pipette to accomplish this). 7. Rinse the pipette out in the sink. Flush the pipette out several times. 8. Take a pipette and fill it with the substance in Cup 4. 9. Drop 10-20 drops slowly down the side of the inside of th e same test tube. 0. Rinse the pipette out in the sink. Flush the pipette out several times. 11. Repeat steps 8-10 with Cups (IN THIS ORDER): 3,2, and 1. 12. Wait about 2 minutes for the water to settle. Discussion: The property used in the Sugar Gradient to create the solutions that did not mix and created layers was density. Aqueous solutions of sugar, water, and food coloring were used which means that the sugar and food coloring were mixed in the water and looked like part of the water.This is also a â€Å"homogeneous mixture† because it appeared the same throughout (both on the visual level and particle level). The reason the sugar particles could not be seen in the mixture was because the sugar broke down and got smaller. Also the reason the food coloring looked lighter after the sugar was mixed in was because the particle spread apart more. Overall, the lab was based on the density of the aqueous solution which depended on the amount of sugar dissolved in the water.