Duty of Care for Television Contributors

The welfare of television contributors and the duty of care owed to them by broadcasters has been the subject of significant scrutiny in recent years, particularly following the deaths of contestants who appeared on ITV’s Love Island and The Jeremy Kyle Show and the subsequent DCMS inquiry into reality television.

The issue has placed greater focus on the responsibilities of broadcasters and production companies when assessing and managing the potential risks to contributors, particularly those who may be vulnerable or exposed to challenging situations.

Ofcom has also strengthened its approach to protecting participants in television and radio programmes, including through changes to the Broadcast Code and accompanying guidance.

For producers and broadcasters, understanding and managing the potential risks to contributors should therefore be an important part of the production process.

Assessing risk to contributors

When considering the appropriate level of care for programme participants, producers should consider a range of factors that could affect their welfare.

Ofcom’s guidance identifies a number of factors that can help broadcasters and producers assess the potential risks to participants, including:

• Control: What level of control does the production have over the participants and/or their environment?
• Format: Does the format include potential confrontation or challenging situations?
• Profile: Is the production anticipated to have high media interest?
• Location and duration: Are contributors filmed away from home for long periods of time?
• Residence: Are contributors required to reside in shared accommodation for a sustained period of time?
• Type of participant: Are participants unused to being in the public eye or otherwise vulnerable?

Once risks have been identified, broadcasters and producers should consider the level of risk and the appropriate measures required to manage it.

The greater the potential risk, the greater the requirement to manage that risk and ensure an appropriate level of care. This could include seeking expert psychological advice and support where appropriate.

Considering vulnerable contributors

Particular care should be taken where contributors may be vulnerable or at greater risk of harm.

Producers should have processes in place to identify potential vulnerabilities and consider the impact that participation in a programme could have on an individual’s mental health and wellbeing.

This should not be limited to the period during which a programme is being filmed. The potential impact of participation can continue beyond production and, in some cases, after a programme has been broadcast.

Broadcasters and production companies should therefore consider appropriate support and after-care arrangements as part of their overall duty of care.

Practical steps for producers

With broadcasters taking an increasingly careful approach to their duty of care responsibilities, producers should ensure that appropriate processes are in place from the outset of a production.

Key steps include:

• Keep up to date with Ofcom developments and ensure you understand the requirements of the current Broadcast Code and accompanying guidance.
• Read and follow any participant guidelines issued by the commissioning broadcaster.
• Have processes in place for identifying higher-risk content and vulnerable participants.
• Discuss duty of care obligations with the commissioning broadcaster, bearing in mind that different broadcasters may have different expectations and processes.
• Discuss budget implications early in the production process to ensure any additional duty of care costs are addressed. This should include considering potential after-care costs following broadcast.
• Develop template risk management plans and contributor protocols that can be adapted for individual productions.
• Consider duty of care throughout the production lifecycle, including pre-production, filming and post-broadcast.

A continuing responsibility

Duty of care should not be treated as a one-off assessment carried out at the beginning of a production. Risks can change as a programme develops, and producers should continue to assess the welfare of contributors throughout the production and beyond.

Having clear processes in place can help production companies identify potential risks early, meet their obligations and provide appropriate support to contributors.