'Kid Nation' Could Spell Disaster for the Reality Genre

By now, the questions whiriling around CBS' "Kid Nation" have been widely reported. New Mexico officials have suggested, maybe even alleged, that CBS and the producers violated state law by having kids, 8 to 15 years old, performing chores and other activities from sunup to past sundown, 14 hours a day.

Although all of the coverage I've seen has been about this one particular show, scheduled to premiere Sept. 19, the fallout could rewrite the rules for most, if not all, reality television. It could result in much higher production costs, which would take away one of the biggest incentives for making unscripted series.

New Mexico argues that these 40 children, who were assembled to try to build a society out of an uninhabited ghost town, were employees and therefore subject to state labor laws. CBS says that, from a legal standpoint, they were not employees. Though each got a $5,000 check for participating, they were not getting specific wages for specific work, according to CBS lawyer Jonathan Anschell.

But here's what's interesting. Although this particular case is about children, the same argument can be made for anyone who lands on a reality show, be it "Survivor," "Big Brother" or "America's Top Model." In each and every case, you have people being photographed all day long for the purpose of entertaining others.

They are cast, just like actors. They are given instructions in what to do and what not to do, just like actors. They are asked to participate in specifically designed scenarios, just like actors. So what if they don't have agents? They are essentially doing the work of actors without being paid for it. If they are not employees in the legal sense, they are employees in every other sense of the word.

So what happens if New Mexico, or even a disgruntled parent, takes CBS to court and a judge decides that the kids more closely resembled sweat shop workers than campers? And what happens if the case sets a precedent that is upheld throughout the U.S.?

If reality show participants have to be paid according to SAG contracts, it's going to create a hefty new line item in what has traditionally been a low-budget genre. Some shows, such as "Survivor," which are taped out of the country, may skirt the rule, though they risk bad publicity by doing so.

The reality genre would be affected in another way, as well. A ruling that the participants are, in reality, employees would strip away the illusion that we are watching real reactions by real people. Once the curtain has been raised and viewers understand how unreal these shows are, their appeal could plummet. And all because of some little kids.

Posted by Barrry Garron

Comments

[Jennifer]

Well... except for the fact that many reality shows like Big Brother, Survivor, The Bachelor etc. fall under "Game Shows" for the networks.

So they would still have a big loophole.

[Theodora]

Aaaaah...

Welcome to Little LatchKey Kids on the Prairie...

Why should the network be first in line for lawsuit? Doesn't the production company bear responsibility in the primary posit???

And one would assume that PARENTS would have to sign consent forms for these ragged muffins to participate...

So... What we have here is a huuuge double standard...

The Tough Love camps juvies are 'sentenced' to don't offer visibility windows for audiences --nor do they offer compensation in the form of financialisms...

What's wrong with expecting kids to actually *do* chores???

They spend waaaay too much time zoning out on video games and bad TV...

In reality --REALITY looms large for kids who actually *live* in New Mexico... Ranch-hands & the like...

Ask My Little Doogie how rough life was in Ruidoso when he was growing up... He seems to be less for the wear --if a bit overly MetroSexual :::and other Isaiah expletives:::

;-)

[Joe Bua]

I got a comment on my blog today from the aunt of one of the contestants, and it give some insight at least into the decisionmaking process that landed one of these kids in Bonanza City.

http://iamatvjunkie.typepad.com/i_am_a_tv_junkie_a_blog_f/2007/08/kid-nation-news.html

[General Jack D. Ripper]

CBS, STOP abusing children for profit. I was really happy when CBS changed their minds and uncancelled JERICHO, but this deal with KID NATION undoes some of that goodwill. Do the right thing CBS - kill KID NATION before a kid is killed.