The popular reality show, Big Brother Nigeria, has commenced with its attendant frenzy especially on social media, bringing attention of people to the huge market of reality shows and attracting many youths who are also interested in going for future editions. However, while many are conscious of the commercial strength of the show and its marketing gains, few understand that legal issues exist in such reality show. YEJIDE GBENGA-OGUNDARE, in this piece, reviews the legal issues that come into play in a show like Big Brother Naija.
The reality show, Big Brother Naija, is unarguably the biggest reality show in Nigeria today. And while it is an interesting social experiment on how people react in a confined environment; shut out from every external influence and attracts fanfare and interest from people of all age groups across the African continent, the factors that go into production of such shows are complex.
It is indeed a show with huge potentials and a major source of reality television in Nigeria. Aside from showing to the audience for 24 hours daily, how people from different backgrounds relate with each other; create alliances, forge relationships, conspire and work together under tension, it also opens up a huge market to so many people and vendors from different fields.
The only aspect that many do not consider is the legal perspective and complexities that go into creating a show of such magnitude; they only see the immense opportunity of becoming a millionaire, celebrity or influencer and ambassadors to many brands through the influence of that huge platform, thereby changing their lives and their status.
However, there are legal issues that should be considered by people that intend to go on the show in future as the show does not exist in a vacuum; it is a business like any other project and the organizers are always looking at the bottom line while entertaining people. The fact is that reality television is a complex mix of rights acquisition, which more often than not, depends solely on the agreement by housemates to continuously give rights to events in their lives.
Producers need to obtain a lot of rights due to the cost of production which is millions of naira and expected revenue which is on the line as well as the unpredictable nature of humans which makes it important for producers to ensure that the contestants waive a great number of their rights in order for producers to present the entertainment people want and also ensure that the network and producers are protected.
For a show like BBN, housemates are required to sign detailed agreement of virtually all issues on the show including waivers and grant of rights to prevent undue litigations or scandal and there are many agreements binding on both producers of the show, sponsors and the housemates.
The major issues in such agreements revolve around confidentiality, privacy, intellectual property, publicity and commercial rights, liability issues, and contestant obligations. So anyone caught up in the frenzy to go for Big Brother Naija must first understand what the agreements are and ensure that their interests are protected before signing any agreement. The housemates must agree to be recorded 24 hours a day, seven days a week whether clothed, partially clothed or naked and submit to the producer’s control of all the utilities in the house, including water and be prepared that personal, intimate, defamatory or embarrassing information may be revealed while they wave moral rights which gives the producers permission to depict them in a way that may appear disparaging, defamatory or unfavorable and expose them to public ridicule, humiliation and condemnation.
Agreements are signed before entering the BBN house
Confidentiality: The opening of a show is a big deal with the producers gibing teasers about intending housemates, this suspense may be marred if housemates had already been publicizing their participation on the show before the opening. This is why they are made to sign confidentiality agreements or non-disclosure agreements. Breach of this agreement attracts great penalties including terminating their participation in the show and financial liability in the form of damages.
Release of liability: Waiving their rights to sue the producers or the network for anything that occurred as a result of the contestant’s participation in the show is another agreement in addition to granting producers the right to authorship and copyright to every photograph, sound or video recording created in relation to the program; image and footage of them. By signing away such rights, contestants are permitting their history to be written by producers, unaware of the events that may lead to that future or how that future will be manipulated into appearing in the cutting room.
Privacy rights: Housemates must agree to waive their privacy rights and they will agree to wear a microphone at all times. They must also waive any physician-patient privilege with health care providers, therapists and others and producers have access to their medical information.
Publicity and commercial rights: Housemates also waive publicity and commercial rights to the producers to allow the producers use their image and likeness for the marketing of the show without limitation. They may also be required to sign agreements that will give the producers an option for future spin-off shows, the idea being the producers don’t want to make a contestant famous, and then the contestant goes on to another network to create a show and commercialise the fame which the Big Brother Naija show created for the contestant
Intellectual property rights: Housemates must also agree that any intellectual property (IP) that is created during their time in the house belong to the producers.
Liability issues: Housemates before entering the house agree that they will be subjected to physical, psychological, and emotional strains and pressures both during and after their stay in the house. They also agree to not hold producers liable for intentional or negligent infliction of emotional distress, defamation, or other things, and understand that their own actions and the actions of others may expose them to public ridicule, humiliation or condemnation, and producers can broadcast that. By signing a contract with a waiver or release from liability, the contestant agrees that if they are injured, they assume the risks associated with the dangerous activity they are engaging in, and they cannot sue the producer for injuries which occur during that activity.
Invasion of privacy: While there is a constitutionally guaranteed right to privacy which cannot be removed by any law, housemates, when entering the house, by consenting to be a participant, agree to waive any legal action that arises from an invasion of your privacy.
Testing for HIV/Sexually-Transmitted-Diseases: There is a provision that each housemate will get tested for STDs or HIV but must accept the risk of having sex with someone who might have HIV or STD despite the results of the tests but there is the rule does not encourage sexual activity among participants as a way of exempting liability for any injury that may arise where a participant contracts HIV or STDs in the House.
Defamation: There is also the provision that the producers would not be held liable for intentional or negligent infliction of emotional distress, defamation or other things where actions of organizers or other housemates expose them to public ridicule, humiliation or condemnation.
Physical violence: The contract forbids physical violence, nonconsensual sexual contact, and intimidation by threats or physical violence in any form and producers are also left with the discretion to determine what constitutes this though it is a federal offence to do anything that would rig or in any way influence the outcome of the show.
Disclosure of confidential information: The contract may also contain a provision disallowing the participants from disclosing to any party anything about the show for a number of years (usually three), and pay damages for violating the confidentiality agreement.
House mates are only allowed to bring approved items into the house, and be searched before entering the house and must not damage the house or technical equipment.
Media rounds and interviews: Contestants agree to be interviewed immediately following eviction; this is a contractual requirement. They also agree to make themselves available for any publicity that the producers of the show require including reunion show and parties without requiring any form of compensation, they are obligated to do it.
Continuing confidentiality: In addition to the confidentiality obligations, there is also strict confidentiality requirement after they leave the house as well. Housemates agree that they shall not “disclose to any party” anything about the show for a specified number of years and if they do, they must pay damages which may run into millions for violating the confidentiality clause.
So for intending housemates, the Big Brother Naija shows go beyond the glamour and paparazzi, there are important contractual agreements in every aspect of the show. And it is important to understand the rules before signing any contract.
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