Written evidence submitted by ITV
Introduction
1. ITV welcomes the opportunity to submit evidence to the Committee in relation to its inquiry into the duty of care owed by television companies to participants in “reality TV” programmes, as to whether enough support is offered to them, and as to whether there is need for further regulatory oversight in this area.
2. As a public service broadcaster we take our duty of care towards all participants of our programmes very seriously. We are therefore glad to provide evidence to the Committee on the detailed processes that we have in place, by way of illustration, in relation to Love Island (and historically had in the case of The Jeremy Kyle Show) to satisfy our duty of care to protect the mental health and welfare of participants; the steps we have taken over recent months to further enhance and evolve the support we provide to Love Island participants; and our constantly developing risk assessment and risk management structures in this area, across the entire range of our programming, particularly in relation to “reality TV”.
3. We will also look forward to engaging constructively and positively with our regulator Ofcom in its forthcoming consultation.
Public participation in TV programmes
4. Broadcasters and production companies have been making programmes featuring members of the public since television was invented, and over the years we have built up a huge amount of knowledge and expertise in protecting their interests and welfare. No one feels the responsibility of duty of care more keenly than those who actually make television programmes.
5. ITV has always prided itself as “the heart of popular culture”, where the lives of “ordinary” people are fully represented. We believe non-celebrities as well as celebrities and professional performers should appear in our programmes, including “reality” programmes.
6. It is no coincidence that programmes featuring the public have always been among the most popular on television – from Opportunity Knocks to Britain’s Got Talent, and from Blind Date to Love Island. These programmes are built around the talent, energy and diversity of their participants. Television remains a central communication medium in our culture and must properly reflect our modern society and all of its diversity.
7. However, as the format of programmes involving the public have evolved, so have the pressures on those who become famous through these programmes; from wider media interest generally, and in particular from the intensity of social media in recent years, which in turn requires continuous development and review of our duty of care processes.
8. ITV’s approach to risk management is led from ITV Plc Board level, assisted by specialists who drive good practice within the business. ITV production teams are trained in the identification and management of health and safety risks, and in producing programme-specific risk assessments. Our continuous review of risk involves our central risk support team and external experts as required, in
considering all stages of the production process, including pre-filming screening, care during production, and aftercare of participants after filming and broadcast.
“Reality TV” – what is it?
9. There is no single dictionary or industry definition of “reality TV”. It is a term applied loosely and widely to a range of very different programmes, including:
a) Programmes with non-celebrity participants in a controlled or unusual environment, filmed continuously for an extended period of time, largely by fixed cameras. They interact with each other spontaneously, and perform challenges and tasks individually or in teams, with viewer voting determining “evictions” and the ultimate winner or winners. Examples include: Survivor, Big Brother, Love Island.
b) Programmes with non-celebrity participants filmed in a “constructed” version of their own daily lives. Their interaction is not scripted, but it is directed and not entirely spontaneous. This is sometimes referred to as “constructed reality” or “dramality”. Examples include: The Hills, Real Housewives (various), The Only Way is Essex, Made in Chelsea, Geordie Shore, Absolutely Ascot.
c) Entertainment “talent shows” featuring non-celebrity participants auditioning and performing have a very long and established history in television since the 1960s, but are now also increasingly referred to as “reality TV”. Examples include: American Idol, The X Factor, Britain’s Got Talent, The Voice, Fame Academy, The Greatest Dancer.
d) Entertainment programmes with non-celebrity participants competing to display their talents in other fields than the performing arts, such as business, modelling, baking, or social entertaining. Examples include: The Apprentice, Britain’s Next Top Model, The Great British Bake Off, Come Dine with Me.
e) Programmes where non-celebrities are filmed in real life locations undertaking a lifestyle or social “experiment” or makeover. Examples include: Wife Swap, Faking It, The Biggest Loser.
f) Programmes where non-celebrities are filmed in real life locations, sometimes with “fixed rig” cameras. There are a very wide range of factual programmes, some light- hearted and some more serious, that are also sometimes dubbed “reality TV”. Examples include: Airline, 24 Hours in A&E, Ibiza Weekender.
g) Programmes with non-celebrities filmed in a studio with a presenter, discussing their personal or relationship problems e.g. The Jeremy Kyle Show. This particular show was always considered by ITV to be a “talk show” rather than “reality TV”, and was a direct descendent of previous “talk shows” broadcast from the late nineties onwards, such as Trisha (hosted by Trisha Goddard), The Jerry Springer Show, and a host of other earlier US programmes such as The Oprah Winfrey Show.
h) Programmes with celebrities in a controlled or unusual environment filmed continuously for an extended period of time, performing challenges and tasks individually or in teams, with viewer voting determining an ultimate winner or winners. Examples include: I’m a Celebrity Get Me Out of Here, Celebrity Big Brother, Hell’s Kitchen.
i) Programmes with celebrities filmed in their daily lives in an apparently “fly on the wall” style, sometimes referred to as “docusoap” as well as “reality TV”. US
programmes such as The Osbournes and Keeping Up with the Kardashians first popularised this genre. UK examples have included: Katie & Peter (various), Kerry Katona (various), Sam Faiers: The Baby Diaries.
10. As will be clear from the brief and non-exhaustive list above, there are a wide range of very different programmes all labelled as “reality TV”, in which participants choose to take part in many different situations, for an equally wide range of reasons. Indeed, clarifying the scope of “reality” as a genre, or whether all programmes (for example even news and current affairs) should also be covered in a new Broadcasting Code requirement in regard to the welfare of adult participants, is likely to be among the issues for Ofcom to consider and consult further on.
11. ITV recognises that, just as this diversity of TV programme content is constantly evolving, so too are the likely effects on participant wellbeing and mental health that may arise, and these will vary widely. There is no “one size fits all” approach that can apply to all “reality” programmes; rather it is for the programme-makers and the broadcasters to consider carefully and then deliver appropriate and proportionate support in each programme and circumstance.
Mental health awareness
12. Our focus on the mental health of our programme participants is not new; but it is fair to say that society as a whole is now far more concerned and better informed about mental health issues, and the increasing challenges to mental health that newer cultural developments such as social media have created, especially for younger people. In the same way, the television industry is now far more focused on the mental as well as the physical health and safety of the people who take part in our programmes.
13. As an integrated producer and broadcaster, ITV fully recognises our responsibility to have in place appropriate procedures to identify risks to participants’ mental health and welfare, and to take steps to properly mitigate those risks; to seek appropriate expert advice when selecting participants and when supporting people taking part in our programmes, including professional mental healthcare support; and to consider appropriate aftercare, especially where the format or environment of the programme involves participants in challenging situations, or may involve conflict, competition, or other activities with potential psychological impacts.
Informed consent
14. A central foundation of television programme-making and regulation is the informed consent of participants deciding to take part. That informed consent now includes being properly informed about potential downsides of taking part, as well as the benefits of doing so. It is often presumed or stated as a fact in the press that television “uses” or “exploits” ordinary people to increase ratings. What is less frequently recognised is that television can also provide them with a platform and opportunities to transform their lives (and that of others) for the good. Many hundreds of thousands of people apply to take part in TV programmes every year with these potential positive benefits in mind. It is part of our mission as programme makers and broadcasters to enable people to have these experiences, whilst ensuring that we properly manage their expectations, and to warn them of possible negative aspects of sudden fame.
15. What has changed and intensified in recent years has been the ever-increasing propensity for negative, hostile and hateful comment from the public via the echo
chamber of social media. Participants in high profile programmes therefore need to be made aware that (for example) appearing on TV may lead to intrusive scrutiny of their past lives or social media history, and that people who know them may provide stories about them (true or otherwise) to the press or through social media.
16. It is not only important that participants give fully informed consent, but that programme makers make fully informed casting decisions, carefully considering the suitability of participants in relation to the particular editorial proposition. For this reason welfare considerations must encompass the pre-production stages (considering applications to take part, and the casting process for programmes) as well as ensuring participant welfare during filming, and preparing participants for their potentially changed lives post-transmission.
17. In this regard, safeguarding the interests of “vulnerable” people in “reality TV” could benefit from further consideration by the industry, and by Ofcom. ITV is happy to contribute to that debate. The Broadcasting Code already includes a definition of “vulnerable” people in the context of infringement of privacy, but this presently includes “those with learning difficulties, those with mental health problems, the bereaved, people with brain damage or forms of dementia, people who have been traumatised or who are sick or terminally ill”. We consider the welfare of all our participants, including those who might not fall into any of these descriptive categories, but may nonetheless have some lesser degree of psychological vulnerability.
Commitment to diversity
18. All broadcasters and producers are also expected to reflect the diversity of British society. On screen representation of disability does not match the population as a whole, and everyone in the industry is committed to changing this.
19. Accordingly, the success of Lost Voice Guy, who has cerebral palsy, in Britain’s’ Got Talent, and the participation of Anne Hegarty, who has autism, in I’m a Celebrity Get Me Out of Here last year, was warmly welcomed by charities and NGOs. They demonstrate the need to ensure space can be found in TV programmes, and where appropriate adjustments can be made, to allow for the inclusion of individuals who may have disabilities or particular vulnerabilities.
The duty of care to protect participants from harm
20. The physical and mental health and safety of everyone involved in our programmes is of the highest priority for ITV, and not simply because it is a legal obligation. We provide our own ITV Studios programme-makers with specialist support on health and safety risk management and good practice. We work hard to identify mental health and safety risks and to manage them appropriately and proportionately. We are committed to ensuring we have in place systems and processes to protect the mental health and wellbeing of all programme participants as far as we are reasonably able, not only in the programmes we produce ourselves, but those we commission from others. We are constantly monitoring, developing and evolving our processes to keep up with changing needs in this critical area.
What psychological support do we provide?
21. Psychological support is not a new idea in “reality” programming. Most high- profile programmes such as I’m a Celebrity Get Me Out of Here, Big Brother etc. have always used professional mental health experts to advise producers on welfare
issues, and to support participants where necessary throughout the programme making process. The level of support will always depend on the specific requirements of the programme, but the industry has long recognised the need to seek that expertise.
What is best practice?
22. ITV constantly strives for best practice in all our programmes, and given the recent focus on Love Island, we provide as illustration below some details of our support for participants in that show, across the three main phases of (a) pre- production application and casting, (b) during filming, and (c) post-transmission aftercare. We are continually evolving our processes in this area, and last year we asked Dr Paul Litchfield, a former Chief Medical Officer with extensive experience of working with large companies and Government in the area of mental health, to independently review our processes on Love Island. This review led us to extend our support processes for this year’s series to a level that we consider industry-leading. However, we are always seeking ways to improve, and we therefore have our processes under continuous review.
Love Island
23. Love Island has been broadcast on ITV2 since 2015. It was a “reboot” of an earlier series “Celebrity Love Island” that ran on ITV in 2005-2006, shot on location in Fiji. Now, contestants (“Islanders”) go to live in a villa in Mallorca for an extended period, hoping to find love, and ultimately to be voted the winning couple by viewers and to thereby win a cash prize. Islanders may now take part in the programme for a few days or up to eight weeks, and may form serious relationships with the people they meet on the programme. There may be opportunity for some Islanders to pursue a career in television or other media following their involvement in the programme, just as a number of participants in other high profile series (e.g. Big Brother, The X Factor) have done in the past.
24. We engage a psychological consultant throughout the whole series (from pre- filming to aftercare). Applicants undergo thorough psychological and medical assessments both by an independent doctor and the psychological consultant, including discussion with each prospective Islander’s own GP. Islanders are required to fully disclose any medical history that would be relevant to their inclusion and the suitability of the show environment for them. We carefully manage expectations, with detailed explanation of the implications, both positive and negative, of taking part in the show. We encourage participants to consider all these potential implications in consultation with their family and those closest to them, to ensure they feel it is right for them.
25. During filming, care continues whilst the Islanders are continuously monitored in the villa with a dedicated welfare team and a medical team on location, which includes a psychological consultant. The senior editorial team on the ground have also received training in mental health first aid.
26. After Islanders leave the show, we offer bespoke training on dealing with social media and advice on finance and adjusting to life back home. Every Islander has debrief meetings with the editorial and medical teams, including the psychological consultant. They will also meet with the ITV press team to be briefed and advised on their press and social media coverage whilst in the villa, and on how best to deal with press and social media interest in them.
27. We also proactively offer therapy to all Islanders, and not only those that reach out to us for help. We provide a minimum of eight therapy sessions to every Islander, and will maintain proactive contact with them after they leave the programme up until the end of the following year’s series - a period of at least 14 months. We also give advice to Islanders on the process of securing professional management to represent them after the programme, should they wish to take part in other television programmes, advertising campaigns or other public appearance opportunities.
The Jeremy Kyle Show
28. ITV took decisive action to end production of The Jeremy Kyle Show, following the death of a recent participant in a recorded but unbroadcast episode. However, we feel it is important to provide the Committee with some details of the welfare processes and support that this popular programme had in place during its 14 year history.
29. The Jeremy Kyle Show was filmed in a studio in Manchester before a studio audience. Whilst the recording of the studio discussion could often be intense and emotional, the format was based upon the goal of conflict resolution. Unlike a “reality show” where filming could take place over weeks or even months, the filming on The Jeremy Kyle Show was limited in duration to a few minutes on stage, and was focused on a particular issue that the guests had brought themselves to the programme to seek to resolve. The production team estimates that around 75% of the more than 3000 episodes broadcast since 2005 included a positive resolution for guests.
30. The show had detailed and extensive processes to ensure the welfare of guests, which evolved continually over time. It had a dedicated Aftercare Team (which notwithstanding its title worked closely with the producers at all stages of the production before, during and after filming) consisting of the Director of Aftercare (a consultant psychotherapist) and three qualified mental health nurses, all of whom had many years of working experience in NHS mental healthcare, before working with the show.
31. These welfare processes included assessment by the Aftercare Team of potential guests who disclosed mental health issues. Where the Aftercare Team did not clear them to take part, due to mental health or any other welfare concerns, they would not be invited to take part in the show.
32. Almost all of those who took part (barring participants in occasional celebrity or other “specials”) had applied to do so. The appeal and format of the programme was the resolution of relationship or family issues or problems, and many applicants were specifically seeking access to the resolution tools used (such as DNA testing) and the aftercare provision of counselling and other support services. Thanks in part to the rigour of the assessment and screening process, 90% of those who applied to the programme did not go on to appear in it.
33. This assessment process was continuous, as the Aftercare Team also saw the guests at the studios before any recording commenced, and were monitored during recording. Members of the Aftercare Team could often be seen on screen during the programme, supporting the guests.
34. After recording, guests were assessed again by the Aftercare Team before they left the studio to go home. Counselling or other treatment was discussed with the guests where relevant, and this would then be arranged by the production team in the guest’s locality, and paid for by ITV. All guests were contacted by phone within 24 hours of leaving the studio, to check on their emotional state and welfare. They would be contacted again to confirm any counselling sessions being arranged for them, and again to be notified of the first transmission date of their episode. The transmission of episodes could still be (and on occasion were) postponed or cancelled entirely even at this stage, should any intervening events in the guest’s lives, between recording and scheduling for broadcast, require it.
Who should be responsible for monitoring duty of care policies?
35. Broadcasters and producers both have responsibilities as a matter of general health and safety law. ITV also accepts that broadcasters must take responsibility for what all of their programme producers do in this regard, whether they are in- house producers or independent production companies, so far as it is reasonably practicable. The Broadcasting Code already has provisions relating to the welfare of child participants, and ITV agrees that Ofcom should now consider extension of these regulatory rules to adult participants, via their existing statutory powers over broadcast licensees.
Do “reality” formats put unfair psychological pressure on participants?
36. We do not believe so. Many television programmes over many decades have had elements that certainly place pressure on participants, such as the competition elements in talent programmes and quiz programmes. For non-celebrities, appearing on television itself is of course more stressful than for those used to being in the public eye, and the wider pressures on those who become famous through appearing in these programmes has increased dramatically. But as our submissions above suggest, we work very hard to seek to avoid that pressure leading to harm to our participants. We are also already obliged under the Ofcom Broadcasting Code not to treat our participants unfairly.
The future of “duty of care”
37. Our programmes are all the better for the talent, energy and diversity of their participants. ITV is now working with independent producers and through PACT to drive best practice industry-wide. We will shortly be rolling out updated policy and further guidance in this area, setting out ITV’s expectations of all those who make programmes for us, to ensure consistency across all productions.
June 2019
