Tag Archives: Netflix

The Right to Privacy

The new season of the Netflix series “The Crown” is out. Around this time last year I wrote a homework assignment paper about the production elements in the show for Media and Culture class. As I start to view the new Season 4, I’m recalling our studies last week in Media Organization Regulations class on the legal aspects of privacy. How does what we learned illuminate how entertainment companies depict real people in a fictionalized drama? Here is an amalagamation of a couple of last week’s homework assignments. If you like to watch “The Crown” or other dramas based on historic events and real people, you might find some of the legal considerations involved interesting. In the series are also depictions of emotional abuse and mental illness, topics I’ve written about before and which again came up in last week’s homework. Abuse takes many forms and some of them are perfectly legal. These selections have been graded by my professor but I didn’t make any changes before publishing. Please keep in mind I am not an attorney or law student, I’m an Advertising and Marketing Communications major. Enjoy!

The Right to Privacy

The theory of a right to privacy developed in US law over about the last 130 years, derived from the 3rd, 4th, 5th and 14th amendments (Trager et al 234). The right to privacy is defined as “1) The right not to have one’s personal matters disclosed or publicized; the right to be left alone. 2) The right against undue government intrusion into fundamental personal issues and decisions” (Legal Information Institute “Right to privacy”).

A tort is a transgression by one person or entity on another’s rights, resulting in an injury (Trager et al 234). Law school dean William Prosser described four torts in the following categories; “false light, appropriation, intrusion and private facts” (Trager et al 235). Commercialization and the right to publicity are sub-categories under appropriation (Trager et al 235). The right to publicity “prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion” (Legal Information Institute “Publicity”). Besides being a subset of the right to privacy, the right to publicity differs in that it prevents unauthorized commercial exploitation of an individual rather than addressing non-commercial violations of rights.

right_to_privacy_diagram

False light, intrusion and private facts only apply to living persons (Trager et al 235). The appropriation tort is broader. It applies to living persons and in addition the deceased, businesses, non-profits and associations (Trager et al 235). The states vary a great deal in which torts they recognize – many only recognize single categories or subsets and not necessarily the same ones (Trager et al 235).

Celebrities don’t forfeit their right to privacy by being celebrities, but since people want to know about them many of their activities could be considered newsworthy (Trager et al 246). That doesn’t mean people are entitled to know facts about a celebrity that are not determined to be in the public interest (Trager et al 260, 262). A person’s notoriety might make them the licit subject of a satirical, artistic or transformative work that stops short of commercial use (Trager et al 248-249), which would interfere with the celebrity’s right to publicity.

Appropriation, Commercialization and Political Speech

Appropriation torts are recognized by 46 states, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico (Trager 235).  The remaining four states have yet to rule on appropriation (Trager 241).  Commercialization and the right to publicity are the two torts included in the privacy law category of appropriation (Trager 235).  Commercialization, also known as misappropriation, is the act of using the likeness or name of a living or dead person in advertising or for commercial purposes without seeking permission from the individual in question or that of the heirs (Trager 236, 241).

The commercialization prohibition is less likely to be applied to a deceased person than right of publicity because it is intended to prevent emotional distress to an individual by upholding the person’s dignity in preserving their personal right to privacy.  As a personal right, it is not usually thought by the courts to apply after death, unlike the right to publicity which deals with the monetary value of one’s identity a form of property that can be transferred or inherited (Trager 242).

Dan Frazier is a retailer and activist who sells left-wing themed political merchandise and other products through his company Lifeweaver LLC (Lifeweaver LLC, team@lifeweaver.com).  In the first decade of the 2000s he started selling anti Iraq war t-shirts with the names of U.S. soldiers who had thus far died in the war as part of the design in small print.  Enough families of the deceased soldiers were outraged by their family members names being used to make money for Frazier that laws were passed in several states making the sale of merchandise that appropriated soldiers names or likenesses without permission illegal (Fischer, “Mom Wants Dead…”).  Frazier’s home state Arizona was one of those passing such a law (Fischer).  Frazier, represented by the ACLU in a case heard in a federal court in Phoenix, was able to stop state and local officials from prosecuting him, citing First Amendment rights to freedom of speech.  The federal court declined to strike the Arizona law from the books and decided to let future similar cases be decided on their own merits (Fischer).  The defenses against appropriation are newsworthiness, the appropriated material being in the public domain, freedom of speech under the First Amendment, incidental use, self promotional ads for the mass media, and consent (Trager 245). How would these defenses possibly apply to Frazier’s case and any future cases that are similar?

Newsworthiness

The U.S. Supreme Court has decided an appropriation case based on newsworthiness before, in hearing whether a news station deprived stuntman Hugo Zacchini of his rights to make a profit from his human cannonball act by airing the entire act as part of a news broadcast.  The court found in Zacchini’s favor, giving his right to publicity more weight than the news station’s First Amendment right to free speech (Trager 247).  In Frazier’s case, newsworthiness is obliquely mentioned in the complaint (Frazier CV07-8040-PCT-NVW) but not as a factor in the decision (Frazier 07-CV-8040-PHX-NVW) though perhaps it could have been.  Deaths in war are news, and courts have previously found that newsworthiness is a defense even though news content is sometimes sold (Trager 246).  Dan Frazier presents his company as a retailer of products as opposed to a news organization (“Campaign Finance Report…”, team@lifeweaver.com).

Public Domain

The names of those killed in war are public information, as again obliquely mentioned in the complaint (Frazier CV07-8040-PCT-NVW), and in my opinion would qualify as factual information that is in the public domain (Trager 248).

First Amendment

Most prominent in the complaint and the court’s findings are issues concerning free speech under the First Amendment. Cited in the decision was a U.S. Supreme Court case, Riley v. National Federation of the Blind, which ruled that if speech is a blend of commercial and some other purpose, the two purposes cannot be parsed out and must be considered together. Given this finding, Frazier’s t-shirts were determined to be protected by First Amendment rights as any other type of political speech would be (Frazier 07-CV-8040-PHX-NVW).

Ads for the Media

Mass media may use names and likenesses of public figures in advertisements for products if the identity-related elements are part of the original content (Trager 251).  The court in Frazier’s case considered but declined to evaluate separately the legality of the t-shirt products themselves and catalog pictures of the t-shirts with close ups showing some of the soldier’s names.  Perhaps the court did not feel it necessary to comment on whether it mattered in this context whether the names were of private or public figures since it had already found that pictures of the merchandise were “inextricably intertwined with otherwise fully protected speech” (Frazier 07-CV-8040-PHX-NVW).

Consent

Frazier made no pretense to claiming consent.  His web site included a statement reading, in part, “I have no plans to remove any names or discontinue any of these products, no matter how many requests I receive” (Watters).  He and his legal team believed they did not need it, and were eventually found to be correct in the legal sense (Frazier 07-CV-8040-PHX-NVW).  Frazier’s personal code of ethics did not preclude him from acting in a way that caused some families of the fallen soldiers listed on the t-shirts to experience what they categorized, but were unable to prove in a Tennessee court, as negligent and intentional “infliction of emotional distress” (Read).

Incidental Use

Frazier did not need to invoke the defense of incidental use to justify the soldier’s names on the t-shirts, but in my opinion incidental use would have applied (Trager 252).  An individual soldier’s name was not the main focus of the shirt design and was in a font small enough to only be legible at close viewing (Frazier CV07-8040-PCT-NVW).

Lanham Act

In my opinion the commercial appropriation issues invoked by the t-shirt design are not in the “zone of interest” of the Lanham Act of 1938, which is concerned with false or misleading advertising (Trager 556).

Works Cited

“Campaign Finance Report 2010 March/May Regular Election.” City of Flagstaff, Arizona, 2010, www.flagstaff.az.gov/DocumentCenter/View/10843/Dan-Frazier. Accessed 15 November 2020.

Fischer, Howard, “Antiwar T-shirts win protection.” Capitol Media Services, 2008, azdailysun.com/news/antiwar-t-shirts-win-protection/article_d0dd0588-d6dc-5b28-acfe-70771736099a.html. Accessed 15 November 2020.

Frazier, Dan vs. Defendants. CV07-8040-PCT-NVW. 2008. Print.
—. 07-CV-8040-PHX-NVW. 2008. Print.

Legal Information Institute. “Right to privacy.” Cornell Law School, 2020, www.law.cornell.edu/wex/right_to_privacy. Accessed 12 November 2020.
—. “Publicity”. Cornell Law School, 2020, www.law.cornell.edu/wex/publicity. Accessed 12 November 2020.

“Lifeweaver LLC.” Bizapedia.com, 2019, www.bizapedia.com/nm/lifeweaver-llc.html. Accessed 15 November 2020.

“Mom Wants Dead Son Off Anti-War Shirt.” CBS Interactive Inc., 2008, www.cbsnews.com/news/mom-wants-dead-son-off-anti-war-shirt/. Accessed 15 November 2020.

Read, Robin, et al v. Lifeweaver, LLC et al. 2:08-CV-116. 2010. www.leagle.com/decision/infdco20100506b78. Accessed 15 November 2020.

team@lifeweaver.com, “Lifeweaver LLC.” 2020, lifeweaver.com. Accessed 15 November 2020.

Trager, Robert Susan Dente Ross and Amy Reynolds. The law of journalism and mass communication. Sixth Edition. SAGE Publications, Inc. 2018.

Watters, Jesse “Confronting Frazier.” BillOReilly.com, 2006, www.billoreilly.com/b/Confronting-Frazier/-643011088989176289.html. Accessed 15 November 2020.

 

Corporate Social Responsibility and Irresponsibility

Here is some more of my homework for Strategic Comminications class at Webster University. The topic of Corporate Social Responsibility is one that we have addressed several times. Here is one of my writing assignments followed by some of my online discussion posts offered as food for thought.

Corporate Social Responsibility and Irresponsibility

“Cuties” is a film recently added to the network Netflix that director Maïmouna Doucouré claims is “social commentary against the sexualization of young children” (Sandler). Enough people were either offended by the topic of the film or the marketing of the film to organize petitions, boycotts and the hashtag campaign #CancelNetflix (Sandler). Netflix did in fact experience a higher number of cancellations than usual in September 2020 as a result of what some interpret as the normalization of pedophilia and child porn (Sandler). In the long term, will the reputation of Netflix be harmed permanently?

Findings in the paper “Corporate Social (Ir)Responsibility and Corporate Hypocrisy: Warmth, Motive and the Protective Value of Corporate Social Responsibility” suggest that the negative backlash against Netflix will be short-lived (Chen 486–524). Sometimes the same firms engage in acts that are perceived as both Corporate Social Responsibility (CSR) and Corporate Social Irresponsibility (CSI) (Chen 486-487).

Netflix believes that showing the film “Cuties” is an act of CSR because it exposes and criticizes the sexualization of children, even though enough former viewers to create a noticeable spike in cancellations believes they have displayed CSI instead (Sandler). Netflix formerly employed actor Kevin Spacey to star in their original series “House of Cards” which was very popular and profitable for Netflix (Czarnecki). Netflix lost millions by firing Spacey to demonstrate support for the #metoo movement, but gained a great deal of good will from the public in return (Czarnecki).

It seems logical to assume that it is important to try to avoid the appearance of corporate hypocrisy – the difference between the perception of the values a firm vs. it’s actions. Is Netflix going to be judged as engaging in corporate hypocrisy, and therefore suffer in reputation? According to authors Chen et al in “Corporate Social (Ir)Responsibility and Corporate Hypocrisy: Warmth, Motive and the Protective Value of Corporate Social Responsibility”, hypocrisy does not always do harm to firms (Chen 487-490).

One factor that insulates a corporation against negative effects on its reputation is the perception of warmth (Chen 490). By accepting a significant financial loss to mitigate the “House of Cards” scandal (Czarnecki), Netflix raised their perception of corporate warmth to a great degree by promoting others interests above its own (Chen 490). In addition Netflix is “… a company that’s reinvented itself from being a tech-based internet-content-delivery machine to a creator of world-class content. Those two things combined have translated into an unprecedented reputational gain” (Czarnecki). Is there a rational reason for people to feel warm emotions toward a provider of entertainment as opposed to some other product or service? A paper by Eduard Sioe-Hao Tan suggests why that might indeed be the case (Tan 45). “A lay person’s understanding of what it means to entertain somebody involves being amusing or giving pleasure, activities associated with being a good host to a guest.” The entertainer may be considered responsible for voluntarily rendering a personal service to the viewer (Tan 45).

The perception of competence is another attitude that can mitigate CSI in the minds of stakeholders (Chen 490). Amazon is a company that is considered very competent but lacks the emotional connection enjoyed by it’s book-selling rival Barnes & Noble which connected with shoppers emotions by associating physical bookstores with nostalgic values (Czarnecki). Now that Amazon has evolved beyond just a delivery system of entertainment and is also in competition with Netflix as a producer of original entertainment content, the battle over viewer’s emotions will be interesting to observe. At a time when the spotlight is on racial injustice to a greater degree than is normal, Amazon and Netflix both made donations to organizations working toward racial equality (Hessekiel). Amazon donated 10 million, and Netflix donated 1 million. The amounts could reflect the resources available to each company for such expenditures, the awareness by Amazon that it needs to buy moral credits more than Netflix does, or perhaps some combination of the two. In that light, what is the meaning of WalMart donating 100 million?

Speaking of morality credits, another strategy that a firm can use to protect itself against harm to its reputation is to express aspirational messages of what it would like to do, or about the kind of society it would like to promote. The message of having certain values will give the corporation moral credits even if its behavior doesn’t always back up what it preaches (Chen 487-490). Whether a corporation’s behavior is always consistent or not, a strong investment in CSR does seem to have a protective effect on any future transgressions, intentional or accidental (Chen 517-518).

Works Cited

Chen, Zhifeng, et al. “Corporate Social (Ir)Responsibility and Corporate Hypocrisy: Warmth, Motive and the Protective Value of Corporate Social Responsibility.” Business Ethics Quarterly, vol. 30, no. 4, Oct. 2020, pp. 486–524. EBSCOhost, doi:10.1017/beq.2019.50. Accessed 28 September 2020.

Czarnecki, Sean, “Netflix tops the list for best corporate reputation.” PR Week, 2019, www.prweek.com/article/1580994/netflix-tops-list-best-corporate-reputation. Accessed 28 September 2020.

Hessekiel, David. “Companies Taking A Public Stand In The Wake Of George Floyd’s Death.” Forbes, 2020, www.forbes.com/sites/davidhessekiel/2020/06/04/companies-taking-a-public-stand-in-the-wake-of-george-floyds-death/#4e3e52d47214. Accessed 28 September 2020.

Sandler, Rachel. “Netflix Sees Spike In Cancellations Over ‘Cuties’ Backlash, Analytics Firm Says.” Forbes.Com, Sept. 2020, p. N.PAG. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=buh&AN=145929254&site=ehost-live&scope=site. Accessed 28 September 2020.

Tan, EduardSioe-Hao. “Entertainment Is Emotion: The Functional Architecture of the Entertainment Experience.” Media Psychology, vol. 11, no. 1, Feb. 2008, pp. 28–51. EBSCOhost, doi:10.1080/15213260701853161. Accessed 28 September 2020.

Some of my comments on Corporate Social Responsibility and Facebook

“My view of Facebook is that they are mainly supplying a platform for people to use as they want, with spaces for advertising. Of course there are some extreme things that get banned. Sometimes I think the bans are fair and sometimes I don’t. One thing I have noticed is that they put a voting badge in the interface so you can quickly check your status or register. Let me try it right now…

Ok I noticed they spelled my name wrong on the paper I got back from the election board, so I’m going to have to look it up under the misspelled name. The voting button leads to a voting information page hosted by Facebook which has links to the usual stuff that any web page that is put up for public information would have – how to register, what are the requirements, what are the deadlines, etc. Kind of similar to what a lot of information sites put up about COVID-19 or any other important issue. It’s good for democracy (I know we have a democratic republic) for as many people to vote as possible who are eligible, so that is an example of CSR.

Another feature I like about Facebook is that you can do searches on advertising regardless of whether it’s an ad that would be shown to you normally, and see who paid for it. That helps a lot with transparency.

It’s my opinion that Facebook is not inherently good or bad, like with most things it’s what you do with it that makes your life better or worse. The people at the top running it can be good or bad and the decisions they make do affect people. I think there is potential for abuse and with any platform or any media we have to be informed about how it works and insist on transparency to keep it in check. I am very interested in media literacy and how it can help protect us. I agree with people who say that too much use is not that healthy, and I think that about TV and a lot of other things too. There are a lot of things that can be a good tool used mindfully and purposefully, including food, something which I’m using more mindfully lately with beneficial effect. As we keep learning in this field of study, we all think we are better at determining how to use media than other people, which means other people think they know better than us how to use it safely. I do worry about us serving media rather than media serving us.”

grocery_pickup_093020

“Speaking of voting, got these in my Walmart grocery pickup bag last night. It’s been awhile since I got a free sample. I like free samples and I like the voter registration encouragement. I tried texting the number and it works. When you get to the page on your mobile device, it gives you English and Spanish options. The data comes from https://www.ballotready.org/ and the card is branded with WalMart and the Consumer Action network. The Consumer Action Network is here – https://www.consumeractionnetwork.org/.

I looked at the web page for the Consumer Action Network and the issues they are involved with currently seem to mostly be based on beer and liquor sales and how to make it easier for consumers to buy beer and liquor. What do you think led to this particular partnership?

https://phone2action.com/  is involved in the technical part of the process.

I like getting the freebie of the reusable cleaning cloth. It’s good promotion for the product and always fun to try out a free product sample. Is the product good for the environment? There is enough info on the package to research it.

I was unable to get the QR code to work. It might be printed too small to work with my phone.

I’ve been uploading a lot of images to Facebook to move them from my phone to a computer for editing. With my technology setup at the moment it’s a fast way to do it and sometimes gets a discussion going in my feed. So I put my commentary that I’m writing here with the photo in Facebook. Since I was either mentioning voting in my text, or the image had to do with voting, an algorithm popped up in Facebook with a link to the voting information center that they put together. So – both Facebook and Walmart and a lot of people are very invested in voting. I could not detect any political partisanship in either campaign. I’ve always thought that everyone who could vote, should. And try to participate in civic duties and civic activities whenever possible. The government chapter we read in our textbook has some things to say related to this.”

“Also interesting is the choice of graphic on the voting drive card. It sends a specific message to people who know the origin of that type of image, and there are things in it that would resonate with people just because of the elements it contains even if they don’t know the history.”

 

Production Elements and Messages in The Television Series “The Crown”

WARNING: Contains spoilers for Season 3 Episodes 2 and 3! Yes I know the show is about historic events but some of them are obscure enough that some audience members might not be aware of them before watching… Also there are some liberties taken with history here and there to make a better story. Private conversations are dramatized on screen for which there are no records. This goes for every historical drama that I have ever taken the time to analyze, so I think it’s important to use them as entertainment and to generate interest in a historical topic that you want to learn more about, but be cautious about using them as sources of facts. Actual documentaries can be manipulated quite a bit as well. Both forms can be marvelous entertainment however. As a visual artist, I think practically every shot in The Crown is a work of art and the period costumes and sets alone are worth the time to watch. For example it’s kind of disappointing to find out that in real life Princess Margaret wore a pink dress with a modest neckline to the White House and not a low-cut bright red and white floral, but it’s beautiful nonetheless. Enjoy!

Following is a paper I turned in yesterday for Media and Culture class, before grading.


Production Elements and Messages in The Television Series The Crown

The Netflix historical drama series The Crown tells the story of Queen Elizabeth II’s reign against a backdrop of historical events and personal relationships (The Crown). Reviewers consistently praise the high quality of the production (The Crown). I watched two back-to-back episodes of the current third season which featured stories of increasing seriousness and emotional impact to explore how production elements help to tell each story.

Editing

In S3 Ep2 “Margaretology”, editing greatly helps the narrative by beginning the episode with a flashback of the Princesses Elizabeth and Margaret as young girls. They discuss how younger sister Margaret, though by law she cannot be Queen because she is not the first born, actually wants to do the job, has more confidence in her natural ability, and might actually be better at being Queen. They decide to find out if they can switch places. Next is a scene from the show’s present day in which Margaret and her husband discuss her life as it is contrasted with how it should have been. Then the opening credits begin. Later in the episode, Elizabeth decides that she needs Margaret’s help with diplomacy with the United States and Margaret has success in charming President Johnson at a White House dinner. Margaret asks Elizabeth to give her more duties. Although the Queen is tempted, she is persuaded by her husband Philip that it’s safer for the monarchy and the country to keep things the way they are. The episode ends with flashbacks to the child Margaret intercut with the present day Margaret at similar dressing tables, looking devastated, showing that her feelings of not being able to achieve what she viewed as her potential are old hurts that won’t go away (Margaretology).

“Aberfan”, S3 Ep3, is a much more serious episode. Instead of dealing with the disappointment of one character whose personality is sometimes abrasive and not always easy to empathize with (Margaretology), “Aberfan” tells the story of a horrific 1966 mining disaster that killed 144 people, including 116 children (Blakemore). Before the opening credits, there are scenes of the Welsh town Aberfan in the rain (Aberfan). The camera slowly rises over the rooftops to show a view of dark hills surmounted by a mining operation that dwarfs the community. Next there are more scenes of the village, showing children at the end of a school day, being dismissed, walking home and going about their normal evening activities with their families. Considerable screen time is spent on the children and this sustained coverage lets us know their importance (Silverblatt et al. 169). We are also shown a canary in a cage in one of the mining families’ homes. The canary could symbolize many things. The little bird’s sweet chirping recalls the chatter and singing of the innocent children. It has little control over its own fate because it is in a cage, possibly bringing to one’s mind a symbolic cage of being born into a way of life built on dangerous labor with limited opportunity to escape. Canaries also remind us that mining is a hazardous profession due to their traditional use in detecting deadly underground gases (Eschner).

It’s not only raining in Wales, it’s also raining at Buckingham Palace, where Queen Elizabeth II is looking over her planner and writing the heading “Friday” as she plans her next day. This is not the only instance in which the disaster occurring on a Friday is emphasized (Aberfan). The Christian faith of the people of the village and of the Monarch is prominent throughout the episode, and Christian viewers watching would be aware that Friday is the most somber day in the Christian week because by scripture and tradition Jesus Christ was crucified on a Friday (Aglialoro). Before the teacher dismisses the children, he asks what tomorrow is. The first answer is Friday. The answer the teacher is looking for is that it is also the day when they are going to have an assembly for which they need to practice a song (Aberfan).

On the Friday morning, the tension keeps building when scenes of the disaster beginning to manifest are cross-cut with classroom scenes (Aberfan). Cross-cutting is a technique that shows events happening in different locations are occurring at the same time (Silverblatt et al. 171).

More than once during the episode we are shown the Queen’s arrangement of family photos in her sitting room, and she and the Prime Minister are each seen gazing at family photos as they contemplate events. Perhaps we are meant to remind ourselves that families are a near-universal part of human existence no matter what our life circumstances are. Even if we feel safe and secure in an imposing palace or a modest but cozy cottage, our loved ones can be taken from us at any time in ways we never expected (Aberfan).

Color and Lighting

Margaret is consistently shown wearing livelier and more colorful fashions than her more conservative older sister in the “Margaretology” episode. As Margaret arrives at the White House, the facade of the building is well lit with warm light in contrast to gray Buckingham Palace, suggesting that the older, struggling country might find the hope and help it seeks from the prosperous younger nation. The light could also symbolize Margaret coming out into her natural if not traditional place in the spotlight at last (Margaretology). In a scene where Margaret asks the Queen for more public duties, the sisters are both wearing green as Elizabeth and Margaret get little digs in at each other about what they envy about each others’ lives (Margaretology), an example of exploiting associations that different colors have in our culture (Silverblatt et al. 171).

When Prime Minister Harold Wilson visits the Queen to tell her about her sister’s lively if not outrageous performance at the White House dinner, using humorously understated phrases such as “less than discreet” and “a little off-color”, they are in the Queen’s sitting room which as usual is softly lit with a color palette of muted grays and pastels. The Queen is expecting to hear bad news during this private conversation with her Prime Minister and the subdued atmosphere fits his hesitance and embarrassment as well as her reluctance to hear the inevitable. Gray tones can signify discomfort (Silverblatt et al. 172) and dim lighting can indicate something hidden (Silverblatt et al. 176). While Margaret is proud of her turn in the spotlight, the Queen and Prime Minister would prefer not to bring her behavior out into the open. The sitting room scenes are intercut with incidents from the previous evening’s dinner that had been relayed to the Prime Minister through the British Ambassador. The dinner party scenes are full of bright flowers in warm tones that complement Margaret’s coral-red and white-flowered dress as she wins over the first couple and their guests who follow the President’s lead in appreciating Margaret’s cruder type of charm. Margaret is even verbally compared to a color film as opposed to one in black and white as her husband reads to her a newspaper account of their earlier, socially successful visit to San Francisco (Margaretology).

In the episode “Aberfan”, at the beginning before the credits we see a wide view of the village with the coal tips and mining operations in the background. It’s early morning and the light from one of the cottages near the foot of the dark mass that threatens the town shines through the windows. The house looks like a nostalgic little model in a holiday display or toy train layout. Since this dwelling is close to the base of the coal tip, it’s possible that it represents one of the homes that got destroyed in the disaster. The light could symbolize the life that is about to be snuffed out like a little candle flame, consistent with several possible meanings of light including life and innocence (Silverblatt et al. 176). Later in the episode candles are prominent as lighting for emergency use, in the mortuary and in the chapel (Aberfan).

Lighting is used in dramatic ways throughout the whole episode. The dark hills and rainy, gray weather combine with the dimly lit interiors of the humble buildings in the village to create a suitably somber mood, appropriate for grief, mourning and death (Silverblatt et al. 176). Light is used constantly throughout the whole episode to enhance and what the viewer is seeing and feeling. Vehicle headlights, lamps, flashlights, spotlights, flashbulbs, the sun and beams of light all play a part in the composition of scenes. Prime Minister Wilson looks shocked at several points in the episode and flash bulbs going off in his face emphasize his distress even more (Aberfan).

At the end of the devastating funeral service for dozens of children, some beams of light barely get though the gray sky as the mourners sing a hymn. This light could represent several things. It could be the mourners comforted slightly by the thought of the children’s souls being lifted up to God. It could be comfort from God or the funeral assemblage or both, however feeble, giving a tiny bit of hope to the community that they can live through this catastrophe. During the funeral scene, we are shown close-ups of Philips face. Perhaps the light is Philip’s thoughts as he becomes enlightened on how best to advise the Queen on how to help the community heal.

Shapes and Connotative Images

There are occasions in the “Aberfan” episode where Elizabeth is contemplating what actions she should take while she is shown backlit in profile. This technique is perhaps intended to bring to mind the iconic image of the monarch on coins and stamps as she decides how to live up to the duty that her idealized image represents. Shape and light are again used together in the Aberfan cemetery. The graves of the children are arranged in a cross shape. We also see a cross in focus behind the Queen’s head when she prays alone in a chapel (Aberfan). Both the profile and the cross could also be considered connotative images that bring up associations in the intended audience (Silverblatt et al. 189).

Scale and Relative Position

Scale is used effectively in “Margaretology” when Margaret sees by her sister’s attitude that the answer to her request to have more of a public role is no. There is a picnic taking place on a hill in front of a castle. Margaret’s position as well as the camera’s is downhill from the picnic, suggesting she is dominated by the institutions that control all their lives and is forever subordinate to her sister. In a flashback when the young Margaret is being scolded for daring to ask courtier Alan Lascelles (Alan Lascelles) if she and her sister could change places, Lascelles is shot from approximately her eye level so he looks exceedingly stern and intimidating while the young Margaret is comparatively powerless (Margaretology).

In “Aberfan”, the ominous mountain of coal is repeatedly shown looming over the village and the people, emphasizing their vulnerability (Aberfan).

Angles and Movement

In the beginning stages of the Aberfan disaster, the tension is enhanced by diagonal shots of ore cart tracks, lift cables and structures. The mountainside itself forms a diagonal angle as the coal slurry starts to slip down and toward the town (Aberfan). Diagonal lines and movement are associated with the triangle shape which is more active and unstable than squares and 90 degree angles (Silverblatt et al. 178-179).

Sound Elements

In the pivotal, wordless slow-motion scene where Margaret experiences profound disappointment in “Margaretology”, even though there is a festive picnic in progress, all that can be heard in the soundtrack is wistful music and the faint sound of blowing leaves. Elizabeth and Philip walk past her, leaving her behind in actuality as well as symbolically (Margaretology). The combination of unnatural movement and unnatural sound help give focus to what the character is experiencing internally (Silverblatt et al. 184, 198).

“Aberfan” begins ominously with the sounds of rain, thunder and threatening mechanical noises. The noises continue subtly through a scene of children in a classroom. There are sequences of children practicing singing for a school assembly. The purity and sweetness of those sounds is in contrast to the menace that looms over them, accompanied by poignant background music. It’s significant that the children are practicing a song containing the lyrics “All things bright and beautiful”, reminding us that they are pre-eminent among the bright and beautiful things that are about to be lost (Aberfan).

In the palace, the Queen is shown writing in her planner while thunder is in the background, suggesting that she will somehow be affected by what is about to happen even in her solid, imposing residence (Aberfan).

When the Prime Minister speaks to the bereaved community, the sounds of cameras are conspicuously loud. We also hear prominent shutter clicks when the Queen dabs her eye with a tissue, reminding us that we are witnessing an important moment. The Queen was moved by Philip’s account of the mourner’s singing instead of using their anger and grief as fuel for a disturbance. She listens to a recording of the hymn at the end of the episode and finally is able to shed a tear (Aberfan).

Manifest and Latent Messages

In these two episodes of The Crown, most of the concepts are examples of manifest messages, clear and obvious to the viewer (Silverblatt et al. 11). I did find a couple of possible latent messages, that is meanings that are hinted at or unintentional (Silverblatt et al. 11). In “Margaretology”, it’s not stated out loud by anyone that Princess Margaret might have hit it off with President Johnson mainly because their personalities were similar and it’s likely she would not be able to repeat her diplomatic success in other situations with more genteel people (Updergrove). If one was not already familiar with Johnson’s reputation, some hints were given earlier by showing Johnson doing things like having a meeting while urinating and making crude remarks. The viewer can connect the dots and add to the clearly stated reasons why the Queen and her consort are hesitant to take more chances (Margaretology).

As the Queen exits an Aberfan home where she has expressed personal condolences to selected representatives of the community, she is photographed dabbing at her eye with a tissue. Near the end of the episode the Queen confesses to Prime Minister Wilson that she was not really crying and feels “deficient” because she is not able to cry at sad events like others do. The manifest message is that the Queen feels shame that her photographed suggestion of crying was not real and that the mourners deserved better. In preceding parts of the episode, there are many discussions among various players about how to manage public outrage over the disaster for the benefit of one political party or another, the Coal Board, the Monarchy, or the establishment in general. Since both the Prime Minister and the Queen are portrayed as at least somewhat principled and not solely acting in self-interest, a possible latent message is that the Queen felt obligated to fake the scene in order to create photographs that would both comfort the bereaved and help protect institutions that she is charged with preserving (Aberfan).

The creators of The Crown take already compelling subject matter and increase the emotional impact of this drama series considerably by indulging in careful and thoughtful detail in the production.

Works Cited

“Aberfan.” The Crown, written by Peter Morgan, directed by Benjamin Caron, Netflix, 2019.

Aglialoro, Todd. “Three Benefits to Abstaining from Meat on Fridays-Even After Lent.” Catholic Answers, 2019, www.catholic.com/magazine/online-edition/three-benefits-to-abstaining-from-meat-on-fridays-even-after-lent. Accessed 3 December 2019.

“Alan Lascelles.” Everipedia International, 2019, everipedia.org/wiki/lang_en/Alan_Lascelles. Accessed 3 December 2019.

Blakemore, Erin. “How the 1966 Aberfan Mine Disaster Became Elizabeth II’s Biggest Regret.” Maven, 2019, www.history.com/news/elizabeth-ii-aberfan-mine-disaster-wales. Accessed 3 December 2019.

Eschner, Kat. “The Story of the Real Canary in the Coal Mine.” Smithsonian.com, 2016, www.smithsonianmag.com/smart-news/story-real-canary-coal-mine-180961570/. Accessed 3 December 2019.

“Margaretology.” The Crown, written by Peter Morgan, directed by Benjamin Caron, Netflix, 2019.

Silverblatt, Art et al. Media Literacy: Keys to Interpreting Media Messages. Fourth Edition. Praeger, 2014.

“The Crown.” IMDb.com, Inc., 1990-2019, www.imdb.com/title/tt4786824/. Accessed 3 December 2019.

Updergrove, Mark. “Cruel to Be Kind: LBJ Behind the Scenes.” The Alcalde, 2012, alcalde.texasexes.org/2012/02/cruel-to-be-kind-lbj-behind-the-scenes/. Accessed 3 December 2019.


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