Legal Fictions

by: Eric M. Greenfield

Fear Factor

Contestant on Fear Factor

“Based on a true story.” “Inspired by actual events.” “The [insert name of real person here] story.” Well, maybe.

Networks love to market a telefilm’s roots in actual events and real people. A production can be more compelling when the audience believes that the story really took place. Never mind that the films often depart so far from the events that inspired them as to better be considered fiction. Verisimilitude is rarely a goal. Entertainment always is.

In fact, those who know the real facts behind a production typically have no interest in, or are contractually proscribed from, setting the record straight. The starting point of a production ostensibly “based on” someone’s real life is the contract with such person to tell his or her “life story.” The signatory to a “life story agreement” gives the producer unlimited control over the telling of the story without obligation to stick to the facts. S/he acknowledges that the story may be altered to the point of being “fictionalized.” S/he waives any right to sue as a result, even for defamation arising from the fictional aspects of the production. I have made many such deals over my 20-year career in Hollywood, and I always make sure that the person signing away life story rights understands the implications of doing so. The camera may never lie, but the screenwriters, directors, and editors behind them certainly do, for artifice is intrinsic to dramatization. Lawyers are there to be sure the studio, producers, and network suffer no consequence as a result.

Reality TV takes the “Based On a True Story” form and turns it up a notch. To eleven. The “Based on Actual Events” pronouncement becomes superfluous in connection with a scriptless show featuring “real” people as cast members. Perhaps, though, “Based on Actual Events” is just the kind of pronouncement that ought to come with Reality TV shows, but as a disclaimer.

Reality show drama is created by carefully selecting cast members from thousands of applicants to achieve a mix of ostensibly guy/gal-next-door contestants who will generate dramatic tension and interpersonal politics, then by teasing out storylines from hundreds of hours of footage. The result can be a funhouse mirror reflection of who these people really are and what really occurred. This process is supported by a legal structure in which cast members waive their right to complain about it.

The legal process begins at the beginning, with the casting of the shows. Applicants are put through a battery of physical and psychological tests. This isn’t merely to cull the herd or to discern who might work well on the show. Networks and the insurance companies that cover the shows want risks minimized to avoid lawsuits. These include obvious physical risks –Fear Factor’s producers, for example, don’t want a cast member with a hidden heart condition (even though it might make for dramatic television). It also includes psychological risk. Cast members often sign up to live in conditions meant to be psychologically trying. Such reality shows are often staffed with a clinical psychologist who offers on-set “after-care” counseling to eliminate cast members who are, after all, probably on the show for ego gratification more than anything else. But the real shock to their egos may come later when the show airs and the cast members face humiliation on national television.

In fact, the greatest likelihood of injury may be to a cast member’s reputation. A cast member may think the producers unfairly edited episodes to show her in a bad light. She may even be right. The art of reality TV comes in making editorial choices to shape a tense, dramatic narrative “reality” that may also be a distortion. Out of the endless hours of footage there may emerge a “you” that is such a one-sided view that it is hardly fair to call it “you” at all, just as the “reality” of the reality show isn’t really all that real, either. The law has a specific tort for this: it’s called “false light.” The producers may have buttressed this “false light” with scenes in which fellow cast members speak disparagingly of one another. Thus a villain emerges, fairly or not. The law has a name for that, too: defamation.

This is where the lawyers come in.

In addition to signing “assumption of risk” waivers covering every possible physical calamity from dismemberment to catching an STD, each cast member agrees to the kind of provisions that underpin biopics and other productions based on actual people. S/he waives the right to sue for being misrepresented, depicted in a “false light,” or being defamed. In effect, to appear on a reality show, you must acknowledge that you are like a character in the hands of a filmmaker working on a piece of narrative fiction.

Libel law does more than afford redress to individuals whose reputations have been unfairly tarnished. It imposes on the media a duty to adhere to the truth. In so doing, libel law engenders public confidence in reportage. The system is far from perfect and public confidence in the veracity of reporting can sometimes be misplaced. But were the public to believe that the media have been unshackled from these legal obligations, consumers would be far more skeptical of the information they receive, whether from broadcast news, print media, or what I like to call “fact-based entertainment.”

And yet it is the “fact-based” nature of Reality TV that makes it so entertaining.

For it to be so entertaining, Reality TV has to engender a new kind of suspension of disbelief, just as it suspends the law of defamation. The audience has to buy into the conceit that it is “real.” We are back to the conceit of “Based on a True Story” MOWs. Audience acceptance of the factual underpinnings of these productions changes how audiences read them. “Based on a True Story” productions alter audience pleasure by creating a false relationship between viewer and a story that becomes inherently believable. Reality TV productions alter audience pleasure by creating a false relationship between a cast the viewer perceives as consisting of “real” people responding spontaneously to the contrivances that serve as the shows’ plots. In effect, the “Based on a True Story” moniker and Reality TV both enhance viewer pleasure by relieving them of some of the need to suspend disbelief demanded by productions pitched as entirely fictional. Simply put, they make it easier for audiences to swallow.

Yet for these shows to air, the obligation to be truthful must be suspended. While producers are making an implicit contract with audiences regarding the essentially “real” nature of Reality TV, they need formal written contracts with those who appear on the programs freeing them from legal obligations to adhere to the truth. To assure that this illusion remains intact, the contracts include confidentiality provisions, too.

If a person doesn’t like the way s/he has been depicted in a movie, at least s/he can remind friends that the movie was a fictionalized dramatization. But when you appear as “yourself” on a reality show, how do you explain that it, too, was a sort of fiction? You can’t, because the “Based on a True Story” fiction has been cranked up to eleven. Audiences buy it, and by signing the contract granting “life story” rights, cast members have joined the conspiracy to create legal fictions.

Image Credits:
1. Contestant on Fear Factor

Link
More on legal issues and reality TV from Playback

Please feel free to comment.

image_print

92 comments

  • I remember when I used to believe that ‘reality’ television was actually reality; that was before I really paid attention to what I was watching. What I gathered from the article and other readings are viewers have to realize is that this version of ‘reality’ is produced, and manufactured by producers and are in fact representations of reality not reality itself.
    What’s sad about is that even the name reality television connotes that there is truth to what were viewing, and in some cases viewers believe what’s happening on television is pure unaltered truth rather than edited product. What should be realized are companies are doing this for profit and for entertainment, that means ratcheting up the drama and character ignominy. This is however what intrigues a viewer; also the fact that that its real people, its in some ways exploring a reality we could never live, a reality we can experience through the comforts of our own home without actually taking part in it, (watching the ‘others’- real life characters engage in this reality).The audience’s pleasure, lies at the expense of the character.

  • This article makes a good point on the validity of our so called “reality” television. These shows fall into the reality genre, but are ironically not real. The representation in these shows portrays fiction as if it is reality, creating a sense of false reality. Viewers perceive what takes place in front of the camera as being legitimate, despite knowing what goes on behind the scenes. A reality label is slapped onto the show, and people suck it up as truth. It would be refreshing to see people in society watch these types of shows with a little more caution and distrust of the television industry.

  • I’ve always wondered how contestants are picked for reality shows, and whether or not it would be possible to be cast in one with secret motivations of wrecking the show. I’m split reading this article. Part of me has always known that Snookie couldn’t really be as crazy as they make her, and that part of me might on occasion enjoy the cathartic spectacle of an over-tanned Jersey Shore shouting match. And yet the other half of me wonders how well the highly constructed nature of reality television is understood by other audiences in America. Everyone has different ways of reading media texts, but the shadows of actual events that are stitched together into character archetypes and plotlines could be (and I’m sure are quite often) mistaken as absolute truth. The stitched together realities are worryingly compelling and I wonder whether they are ever read as truth. Someone should make a reality show about making a reality show. Though it wouldn’t be very entertaining. Maybe if the producer was an octogenarian midget with leprosy and the writers all were missing hands. That would be good TV.

  • Eric Greenfield thanks for your post, you bring up some interesting points on reality television and law. I think it’s amazing how people are continually allowing for themselves to be “a character in the hands of a filmmaker working on a piece of narrative fiction.” This behavior seems to be repeating a “Lost reality.” However the use of law, power and media, allows for a perception of entertainment not verisimilitude, as you stated. “Based on true story” allows for spectacle, which is a scary representation of consumers. I found this clip to be a perfect definition of producers/writers manipulating characters in reality Tv.

    Ihttp://www.youtube.com/watch?v=D_74N-9PYfg&feature=related

  • The 2019 National Championship Game will see the College Football Playoff semifinal winners in Alabama and Clemson playing for a title. Find game date, TV channel, time and CFP history below.
    Last year, Alabama rallied to beat Georgia for the title. This year, Alabama will meet familiar foe Clemson for the national championship in Santa Clara, Calif.
    https://nationalchampionship2019s.com/

  • Game Of Thrones Season 8: HBO just released new pictures … Get the latest election news, live updates and election schedule for Lok Sabha …
    https://gotreporter.com/

  • The 54th Academy of Country Music Awards will air on Sunday, April 7. The 2019 ACM Awards can present itself in urban center next April, and because the ethnic music world gets prepared for one amongst the largest nights within the trade. https://acmawards2019.live

  • Like and follow our Facebook Page https://www.facebook.com/UFC239/ and Twitter Page https://twitter.com/UFC239 also stay with us.

  • To Watch The WrestleMania 35 Live Stream Visit this https://wrestlemaniastream.com link.

  • The Canelo Alvarez vs Daniel Jacobs fight is not available via traditional pay-per-view methods. Instead, fans in North America can take advantage of a 30-day free trial to watch the fight online with DAZN, the global live-sports streaming service that signed Alvarez to an exclusive deal in October 2018 after the fighter left HBO.

    https://www.canelovsjacobsnews.com/

  • Cricket World Cup 2019 Live Stream Online. The next edition of the ICC cricket tourney, that is that the tourney 2019, can hold between thirty might to Bastille Day 2019. this is often the twelfth edition. 2 countries ar to host the tournament which is European nation and Wales. https://worldcupcricketupdates.com

  • The Tony Awards, which honors theatre professionals for distinguished achievement on Broadway, has been broadcast on CBS every year since 1978. The show-stopping awards ceremony will include musical performances and celebrity presenters.
    The multiple Emmy Award-winning Ricky Kirshner and Glenn Weiss of White Cherry Entertainment will return as executive producers of the telecast. Weiss will also serve as director.
    Brandon Victor Dixon and Bebe Neuwirth announced this year’s contenders.
    Two-time Tony nominee Brandon Victor Dixon and two-time Tony winner Bebe Neuwirth joined forces to announce the 2019 Tony Awards nominations Tuesday morning.

    The event was live-streamed on the Tony Awards’ Facebook page. CBS This Morning will also air a portion of the nominations live, while the announcement can be viewed on TonyAwards.com and the award show’s Twitter and Instagram accounts.

    The Tony Awards honor the best of the Broadway season in 26 competitive categories. The awards will be handed out during a June 9 ceremony, which will be broadcast live on CBS at 8 p.m. from Radio City Music Hall in New York City. James Corden is set to host the ceremony.

  • The World Student Games organised for university athletes by the International University Sports Federation (FISU), will Demand Europe Variants: the Summer Universiade at Naples, Italy between 3 14 July 2019.
    https://www.facebook.com/Napoli2019SummerUniversiadeLive/
    https://twitter.com/Universiade2019

  • At superrugbyfinal2019 any individual who buys in to their administration will almost certainly observe each and every match in HD on the official channels requiring little to no effort. It is an exhaustive answer for the majority of your Super Rugby observing needs.
    Super Rugby Final 2019 Live
    Super Rugby Final 2019 Live

  • Pacquiao vs Thurman Fight Live
    Pacquiao vs Thurman fight is set to take place on Saturday the 20th of July, 2019 at the MGM Grand Garden Arena in Las Vegas, Nevada. The action is scheduled to start at 9PM Eastern Time/6PM Pacific Time. Las Vegas is familiar territory for Pacquiao and he regards the state of Nevada as his second home when he isn’t in the Philippines. For European and Asian fans it will be an early Sunday morning fight.https://pacquiaothurmanppv.com/

  • You can Extract Email addresses from the social media platforms too, just like the Facebook Fanpages and Facebook Groups. One of the crucial researches on Email marketing depends on achieving Emails from Facebook pages, Facebook Groups, and Facebook Accounts. I have given a simple demo on how to extract Email databases from Facebook with the help of this software. facebook email extractor

  • Another season of AFL Grand Final is coming in September 2019. Every team of AFL and all fans are getting ready for 2019 AFL season.

  • Another season of AFL Grand Final

  • The upcoming Bodybuilding Contest Mr. Olympia 2019 will take place on Thursday, September 12 in Las Vegas, Nevada, United States. So, This is a good opportunity for the American to enjoy the event fluently. Keep your eyes on Mr. Olympia 2019.

  • Mr. Olympia 2019 will take place on Thursday

  • tfhedh5trey

  • Solheim Cup Is The Popular Match. It Is Not Only USA But Also All Over The World. But, Every fan Can’t Enjoy The Event By sitting on the Venue.

  • NRL Grand Final Is rugby league football season’s premiers. It is started in 1908. After starting it has given a lot of historical matches.

  • “I am extremely trying forward to athletics the Monster Energy Cup in urban center in Oct. it’s an excellent event and that i am excited to check however well I do on a Supercross-style course,” same Gajser.

  • Grey Cup 2019 will air on November 24. Grey Cup is the esteemed occasion of the title round of the Canadian Football Group or CFL. The successful group playing Canadian football is qualified to get the trophy when winning the challenge.

  • The 2019 Wrangler CBS Sports NFR happens in Las Vegas, Nevada at the Thomas and Mack Center the home to The College of Las Vegas-Nevada (UNLV) ball group from the fifth of December 2019 to the fourteenth of December 2019.

  • The 2019 Wrangler CBS Sports NFR happens in Las Vegas, Nevada at the Thomas and Mack Center the home to The College of Las Vegas-Nevada (UNLV) ball group from the fifth of December 2019 to the fourteenth of D

  • The Ottawa Redblacks and Calgary Stampeders will face off Sunday night in the CFL’s 106th Grey Cup. … Redblacks starter Trevor Harris threw three interceptions and zero touchdowns against Calgary, while being held to 4.5 yards per attempt. Harris went on record a strong regular …

  • The Hollywood Foreign Press Association has set January 5 for its 77th annual Golden Globe Awards. The 2020 show again will be produced by dick clark productions in association with the HFPA and air live coast-to-coast on NBC,The Hollywood Foreign Press Association has set January 5 for its 77th annual Golden Globe Awards. The 2020 show again will be produced by dick clark productions in association with the HFPA and air live coast-to-coast on NBC,

  • In what has become an annual Monday morning Oscar hangover, this website looks down the calendar and into the crystal ball to prognosticate which 2019 …

  • Welterweight champion Kamaru Usman and bitter rival Colby Covington are in New York City today to promote their UFC 245 main event, …

  • The next edition of Miss Universe is to hold on December 8th of 2019. It is the 68th edition of that event and it would hold of Tyler Perry Studio which is located in Atlanta Georgia in the US. The current holder of that title is Miss Catrina Gray who hails from the Philippines will handover to whoever emerges the winner at the end of the event. This event is going to be historic because it is going to be the 68th time that the global pageant event is to take place.

  • If you want to watch IIHF World Juniors 2020 Live Stream online Free. Right place for guide how to World Junior Ice Hockey Championships 2020 live free.

  • Canada and USA are two of the countries participating in the forthcoming World Juniors 2020. The games are to hold in two cities carefully selected in the Czech …

  • Critics Choice Awards 2020 Will Air on January 12, 2020. A few days to go your favorite Critics Choice Awards 2020 will air on. You have not enough time to get ready to enjoy your favorite Show. If you are willing to enjoy Critics Choice Awards 2020 Live Stream you need much information about that. You will get the information from the official page.

  • Canada playing against Germany is one of the group fixtures for the forthcoming World Juniors 2019 taking place in the Czech Republic. This match is one of the last group matches

  • Canada and Russia are in the same group and that it Group B. This is the toughest of all the groups. The two teams are expected to meet in any of the venues billed for that championship. One of the venues is Ostrava while the second venue is the Trinec.

Leave a Reply

Your email address will not be published. Required fields are marked *