“Bravo” To Reality TV: Why The Industry Will Prevail Despite Recent Controversies

Reality television productions have faced recent backlash from their talent, including Bravo’s “The ... [+] Real Housewives of New York City” star Bethenny Frankel.

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Contributing Author: Nicole Page

Reality television is a mainstay and production companies motivated by ratings and eyeballs to develop new, sometimes more dangerous concepts to entice and intrigue viewers. With more risk comes more potential for injuries, both physical and mental, leading to more lawsuits against production companies and distributors. While it is easy to blame the creators of reality programming, reality show participants, as long as they are fully informed about what they might be getting into, and often even when they are not, are assuming the risk for what might happen to them on set.

Liability Relinquished Through Airtight Contracts

Often even before the casting process has started, participants are asked to sign lengthy agreements releasing the producer and distributor from all claims that could arise out of their appearance or participation in the show. Those agreements also include clauses granting producers permission to portray “characters” and edit footage in any way the creators deem fit, while requiring the participant to release all claims for defamation or false light.

Most of the time, reality show participants do not have attorneys negotiating on their behalf unless they are cast principals. I would venture to guess that many don’t even read the 30 + page opus provided to them and may not be fully aware that if they get hurt mentally or physically on set, they may not have a legal remedy. Even with an attorney negotiating on behalf of the talent, releases are one contract point that is rarely if ever negotiable. Producers and distributors are simply not going to place themselves in a position where they get sued every time someone objects to how they are made to appear on a reality show. The genre was essentially founded and then flourished by making people appear more extreme than they may actually be. Otherwise, who would watch?

Contestants are often drawn to the overnight fame the reality TV genre can offer, however, it is ... [+] important for talent to fully understand the contracts they are signing.

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At a time when the fight for eyeballs is perhaps more intense than ever, it would not surprise me if we continue to see even riskier formats and more extreme situations play out on reality TV. Before signing on, reality show participants have to decide if they really want to put themselves in these potentially dangerous situations. If they don’t, they don’t have to participate. But keep in mind that they don’t often have the bargaining power to change the agreements they are required to sign. Essentially, their options are to agree to production terms or not sign on at all.

The Rise in Public Backlash and Concerns

Despite these contractual safeguards, there have been countless allegations against productions for injuries sustained on set and as a result, there has been an effort made by productions to work with experts to ensure the health and safety of show participants. In 2023, two contestants on Netflix’s "Squid Game: The Challenge" anonymously threatened to sue the production for injuries sustained as a result of being forced to compete outside in sub-zero temperatures.

Season 10 of the Australian challenge show “I’m a Celebrity…Get Me Out of Here!” also faced scrutiny after Paralympian contestant, Ellie Cole, was challenged to stick her hand in a box of rats after previously being forced to touch offal, resulting in a bite from the rodents. Social media backlash accused the production of poor structuring of its challenges, causing unnecessary dangers to contestants.

There have also been numerous charges against shows like “The Bachelor” for excessive alcohol consumption which in some cases led to sexual assault. As a result, the show implemented new policies against drinking on set.

ABC's "The Bachelor" franchise has implemented new protocols surrounding the consumption of alcohol ... [+] on set.

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“Love Island UK”, a popular dating competition show, also restructured its policies to prioritize mental health following the suicides of former contestants and hosts. For the duration of filming, contestants are required to pause all social media activity and are prov ided with training to deal with social media publicity and backlash, a prevalent issue as cyberbullying and harassment continue. Even more noteworthy, “Love Island UK”," provides each contestant with a minimum of eight therapy sessions upon the conclusion of filming and offers additional mental health services if needed. This seems a very clear acknowledgment that parachuting into a very unnatural environment and having it all televised might potentially impact contestants’ well-being. Case in point, check out the documentary “The Contestant” for a harrowing, real life example.

Following the suicides of former contestants and hosts, “Love Island UK” has increased its focus on ... [+] the mental wellbeing of its talent.

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There has been much-renewed scrutiny of the industry with Bethenny Frankel, a reality TV star known for her roles on NBC’s “The Apprentice: Martha Stewart” and Bravo’s “The Real Housewives of New York City”, leading the charge for unionization. Much concern lies over the genre’s low-paying and unfair contracts, which often lack residual payments and relinquish contestants’ likenesses in perpetuity. And while it seems unlikely that producers today could now get away with a show like “Kid Nation,” I am doubtful that production agreements would substantially change or that non-recurring cast members (like Real Housewives talent) will have the leverage to negotiate for better deals.

Potential participants have to go in with their eyes open. Participating in certain types of reality television can carry risks of mental and physical harm, and it is up to the contestants to ask necessary questions and voice concerns before they sign on. Even then, they will have to weigh the potential benefit of appearing on TV vs. the potential risk of harm. Much like the rest of the entertainment industry, participating in reality TV can come at a cost.

Nicole Page is the Head of the Media and Entertainment practice and Partner at Reavis Page Jump LLP, where she represents film, television and podcast clients in connection with issues ranging from financing, rights acquisition, production, talent and distribution agreements, exploitation of ancillary rights, content licensing, fair use and clearance issues and an array of related matters. She also represents creative talent, athletes, and authors in their various endeavors and negotiates executive compensation deals for top talent at leading entertainment companies.