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View Full Version : Do news programs have to get waivers signed for ppl on camera?


newsposter
05-16-2006, 01:44 PM
I've been told that even the people walking down the street on reality shows like The Apprentice and on Cops need to sign waivers to be on tv.

So I was wondering, do shows like 20/20, dateline etc need to get the perps signatures also?

I'm pretty sure the answer is no since we get to see all the undercover videos, but just never realized there was separate law covering news shows.

one aside...i noticed they didn't blur what was showing on live TV at the time.. 'conan' coincidentally

IndyTom
05-16-2006, 01:50 PM
I've been told that even the people walking down the street on reality shows like The Apprentice and on Cops need to sign waivers to be on tv.

So I was wondering, do shows like 20/20, dateline etc need to get the perps signatures also?

I'm pretty sure the answer is no since we get to see all the undercover videos, but just never realized there was separate law covering news shows.

one aside...i noticed they didn't blur what was showing on live TV at the time.. 'conan' coincidentally

I may be reaching here - but i believe once an individual can be described as a "public figure", a news program can film them all they want.

The irony is that it's typically the media that vaults them into "public figure" status to begin with.

Steveknj
05-16-2006, 01:53 PM
I've been told that even the people walking down the street on reality shows like The Apprentice and on Cops need to sign waivers to be on tv.

So I was wondering, do shows like 20/20, dateline etc need to get the perps signatures also?

I'm pretty sure the answer is no since we get to see all the undercover videos, but just never realized there was separate law covering news shows.

one aside...i noticed they didn't blur what was showing on live TV at the time.. 'conan' coincidentally

That's interesting. So, for example, if they show a city street scene on The Apprentice where there are 100 people walking on the street behind the contestants, they have to get a waiver from EVERYONE of them?

And what happens if one of those 100 say no? Do they have to blur it out? Is that good enough? Or, do they have to retake the whole scene? I would imagine that there might be a time minimum that a waiver would have to be signed for. So, if someone is just walking by, no waiver, but if someone stops and is on camera for 20 seconds, then waiver.

For local news, I've watched a couple of reporters on the streets of NYC giving their report and my face has gotten on camera, but I've never been asked for a waiver.

ThreeSoFar'sBro
05-16-2006, 05:11 PM
I think news agencies have a "shield law" or something like that, that allows them to show anyone without requiring waivers. Think about all the 60 Minutes episodes that show people who would NEVER want to be on tv if they had the choice.

Bondelev
05-16-2006, 05:37 PM
This is a complex legal question. Generally speaking, if you photograph someone in a public place, you did not need a waiver. However, production companies and networks frequently demand waivers for anyone on camera in an effort to protect themselves from various types lawsuits, including slander. Remember, even if the lawsuit is completely unjustified, the network will still have to pay lawyers to defend themselves in court, so it's easier to just say they need signed waivers or they don't show the person.

dtivouser
05-16-2006, 05:39 PM
I was once in the background of a live shot and didn't have to sign a waiver. And if that was my 15 minutes then I want a refund. :)

trainman
05-16-2006, 07:11 PM
That's interesting. So, for example, if they show a city street scene on The Apprentice where there are 100 people walking on the street behind the contestants, they have to get a waiver from EVERYONE of them?

In most cases like this, the show producers would have put up a sign nearby warning passersby that filming is going on in the area, and that their presence at the filming location implies that they're giving permission for their image/voice to be on TV. I've never heard of a show's producers getting sued over something like that.

newsposter
05-16-2006, 07:16 PM
just for perspective, i'm specifically talking about the child molesters on dateline this month...but it goes for any expose of course. obviously no way would any of these pervs sign waivers.

as far as the previous comment about everyone on apprentice, i'm going based on my previous thread on this subject and i was told 'that's what assistants do" , go gather all the sigs. Ditto for cops. I couldn't figure out why certain people got blurred and didnt

but for this thread, I just got to thinking about dateline and other 60 minute type shows where there's an undercover camera. I'm obviously not talking about where they sit down and talk in front of a camera voluntarily.

in the current dateline, they start with hidden cameras then come out of the closet. But show the hidden camera stuff also.

jschuur
05-16-2006, 08:00 PM
I remember seeing/hearing about signs that are posted at entrances of establishments (bars, clubs, cafes etc) that imply that by entering at a certain day when filming is going on, you automatically consent to having your image used on film.

marksman
05-16-2006, 08:15 PM
I don't get why people who are in public places have to give permission to be filmed. It seems weird to me. I imagine it is mostly a better safe than sorry kind of thing, as if they wanted to I would guess they could show somebody standing on a street corner without clearance.

midas
05-16-2006, 08:30 PM
I was interviewed once on the local news and did not have to sign anything. Of course it wasn't an ambush type interview.

EchoBravo
05-16-2006, 09:35 PM
Short answer: News programs do NOT have to get waivers.
How I know: I was a local news producer (Pittsburgh/Hartford, CT) for about 10 years.

In most cases like this, the show producers would have put up a sign nearby warning passersby that filming is going on in the area, and that their presence at the filming location implies that they're giving permission for their image/voice to be on TV.Short answer: For non-news programs or purposes, this is absolutely correct.
How I know: I was also advertising manager for a casino. We used these signs all the time when filming commercials on property.

newsposter
05-16-2006, 10:57 PM
welp that explains how dateline etc are still in business...no waivers for the bad guys

I should have clarified my thread title by saying dateline etc news programs...oops..not worried about the 6pm news.

Mr2sday
05-17-2006, 03:32 AM
I would think that the hidden camera people would ask for permission to show the film after the thing was done.

Another guess would be that, after you found out you were filmed, request that you not be shown. Like implied consent unless you request otherwise.

newsposter
05-17-2006, 08:21 AM
I would think that the hidden camera people would ask for permission to show the film after the thing was done.

Another guess would be that, after you found out you were filmed, request that you not be shown. Like implied consent unless you request otherwise.


I can't imagine, in the case of 60 minutes type shows, that anyone would 'ever' give permission. Heck the one child predator said 'is this gonna be on tv'? and the other one had a mom as a prosecutor and some of the others also had prominent jobs or were in the religious business.

Steveknj
05-17-2006, 08:29 AM
I would think that the hidden camera people would ask for permission to show the film after the thing was done.

Another guess would be that, after you found out you were filmed, request that you not be shown. Like implied consent unless you request otherwise.

Exactly. I was thinking about a show like Taxi Cab Confessions. I would imagine THOSE people would have to give permission to be used on film. Although with that one, I imagine some of it could be scripted / or put on :)

LordFett
05-17-2006, 10:12 AM
Exactly. I was thinking about a show like Taxi Cab Confessions. I would imagine THOSE people would have to give permission to be used on film. Although with that one, I imagine some of it could be scripted / or put on
I remember seeing one of the Taxi Cab confessions where they showed the driver telling the confessee that they were being filmed but it was AFTER the ride. He asked them to sign a wavier and ok the footage to be aired. Same thing for Scare Tactics, imagine if they had to get the wavier signed before the prank?

newsposter
05-17-2006, 10:57 AM
yes it's after..no sign..tape goes 'in the trash' .....it's been said many times in candid camera, girls behaving badly etc that there's so much good stuff you dont see because people wont sign. And ever person on punkd and shows like that must sign after the fact or give their permission on camera I'd imagine is good enough for some

However...i do believe they can just blur out your face and show it. But wouldn't be as much fun so they dont do it often.

Stormspace
05-17-2006, 11:12 AM
In most cases like this, the show producers would have put up a sign nearby warning passersby that filming is going on in the area, and that their presence at the filming location implies that they're giving permission for their image/voice to be on TV. I've never heard of a show's producers getting sued over something like that.

I was in New Orleans summer before last and they were filming a scene for a movie(Can't remember the code name they were using) and I'm certain we were captured by the camera's shooting the people getting off a street car. We didn't see any signs about waivers or anything. Just a placard stating the name of the movie.

Also I don't have any direct knowledge but I remember talking about this with a journalism major friend of mine years ago and think that if the person is in a public place, or a place visible from a public area no waiver is needed. For instance, if you were sitting on your porch it would be ok. However not ok to train the camera through an open window. I guess it's a fine line.

EchoBravo
05-17-2006, 01:57 PM
if the person is in a public place, or a place visible from a public area no waiver is needed. For instance, if you were sitting on your porch it would be ok. However not ok to train the camera through an open window. I guess it's a fine line. Something about an expectation of privacy. In a public place, there is none. In your own home, there is.

In the case of taping for a commercial inside a casino, the signs were required by our lawyers as a C.Y.A. move. I don't believe they were absolutely required... We just put 'em up to head off any potential problem.