Ofcom sets out welfare protections for people taking part in reality shows

Members of the public who sign up for reality programmes built around relationships could see more safeguards after Ofcom added a section to its broadcasting guidance on Tuesday 10 November.

The section covers "constructed reality" formats involving physical or emotional intimacy, where participants are filmed in a set-up environment and encouraged to share personal experiences or form new relationships. It sits in Ofcom's guidance on Section Seven of the Broadcasting Code, which deals with fairness. Under that section broadcasters should take due care over the welfare of anyone who might be at risk of significant harm from taking part in a programme, and being filmed in an artificial or constructed environment is one of the listed risk factors.

Ofcom's guidance is not a list of new rules. It explains what due care is likely to mean for these shows, and the higher the expectation of intimacy, the greater the risk of harm Ofcom expects broadcasters to plan for. It points to particular risks from relationships formed for the format, including sexual misconduct and coercive control, and says these may be greater when couples are competing to stay together.

What participants could see

The guidance suggests broadcasters should consider:

• background checks on contributors before filming, to spot behaviour that could put others at risk
• independent experts for higher-risk shows, whom participants can contact directly without going through the production team, and the option to leave filming, temporarily or for good, to do so
• regular phone calls with family and friends, and a chance to go home for a while without being filmed
• welfare staff who are clearly separate from editorial staff and trained in issues such as consent, power dynamics and early warning signs
• a separate log for each participant recording welfare incidents and how they were handled
• checking that consent is still informed after confrontations, emotional distress, significant alcohol consumption or physical intimacy during filming
• a single point of contact for a reasonable period after the programme is broadcast

Participants should also be told clearly what conduct is expected of them and that they can complain to Ofcom. Because Ofcom regulates after broadcast, it can only consider a complaint about how a programme was made once it has been shown.

The guidance includes a risk matrix that producers can use when planning these formats. Ofcom says it does not approve or ban formats and is not trying to restrict editorial freedom. It will keep working with broadcasters and with the Creative Industries Independent Standards Authority.