Lawsuit: A New Kind of Reality

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Legal liability, this is something we hear everywhere, all the time, in any given industry. Especially in the United States of America. It is considered the greatest country on earth, or so the slogan says. It is also the most litigious society on the planet. You cannot slip on an icy sidewalk without having the opportunity to sue the city, the store responsible for the sidewalk, and probably the little old lady that just watched while you fell on your sweet little ass.

It is not just the sidewalks around here that can be victims of lawsuits, but also every other thing around. Yes, I said “thing.” Moreover, the same is true for reality television. This industry is so opened to lawsuits that MSN Entertainment has an article dedicated to this specific subject, entitled “Reality TV lawsuits.”

Most of these lawsuits are considered major publicity stunts, but some of them actually have some merit to their claims.

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For example, American Idol, one of the people’s favorite, was sued last year for discrimination. Ten African-American former contestants alleged they where wrongfully disqualified, and that the show targeted them to increase drama and media coverage. They also say that the show always disqualifies African-American contestants. The producers fought back, saying that a third of their winners are from different races, and that these former contestants where never employees of the show, something that makes a big difference under California law. Eventually, the lawsuit was dismissed based on First Amendment protection.

In my humble opinion, I only think these ten contestants where looking to extend their fifteen minutes of fame and wanted to do anything and everything to get it. I guess it is all part of the game we are playing, right?

We have to look out for those looking to make a quick buck, and cover our behinds so we don’t fall in the icy sidewalk. Metaphorically speaking, of course.

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Another big case relates to a similar show, one that also belongs to the British king of reality singing competitions, Mr. Simon Cowell. I am talking about The X-Factor. Although, this show had a short lifespan in the US (only three seasons), it has been a major success in the UK, running for eleven years now. It is also responsible for launching massive careers in the music industry.

This lawsuit pertains to Cheryl Cole, pop diva and former judge of both shows (US & UK). After leaving the British version, Miss Cole joined the team in Los Angeles and signed a two-year pay-or-play contract. This means that she would be paid the modest sum of $1.8 million regardless of being released from her contract. She was canned after the first season and asked to be compensated for the second one, as well as damages for wardrobe, housing and living expenses, all adding up to $2.3 million. The case was settled outside the courts and Cheryl received an undisclosed sum. She has since made peace with the show and is currently back in the UK version of The X-Factor.

I think I would do the same, if I were in her shoes. I mean, if you do not want to pay do not sign a pay-or-play contract. Why not sign a season-by-season contract? Best plan: plan ahead and better protect yourself and your company.

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One more example of how reality television is susceptible to lawsuits is a recent event involving A&E, Storage Wars, and one of its former starts, David Hester.

Hester claimed that the show was rigging the lockers and therefor violating the Communications Act of 1934, which prevents the rigging of a contest of intellectual skill with the intent to deceive the public. On top of this, he sued the network for wrongful termination.

The courts have since dismissed the initial claim, but are pushing forward with the wrongful termination charge. The decision is not out yet, since the case is still in trial. 

This is a big one we have to worry about in our industry. If the shows we put out there are not legitimate, than what point is there to it? It is called competition, and it should be fair game to everyone. Once word gets out that the show is rigged, contestants will drop out, ratings will drop, and lawsuits will rise. I think the solution is simple, don’t mess with the competition. Just let it be fair and everything will workout.