The controversial lawsuits that could end reality shows as we know them

Chaos has always been what drives reality television. Cast members fight, cheat, gossip, and lie, all in the name of satisfying the viewer’s appetite for drama. But now it’s this chaos that could be the reason reality TV as we know it could end.

Former cast members of some of the biggest reality shows in the world, including Love is blind It is Vanderpump rules, recently launched legal action against their respective production companies, citing discrimination, sexual harassment and concerns that they were being targeted. The lawsuits relate to behaviors allegedly encouraged by producers to increase drama and chaos. As a result, they could fundamentally transform the way reality shows are made and what they look like on our screens.

At the center of this legal crisis is Bravo, a US television network responsible for the hugely popular Real Housewives franchise. Caroline Manzo, who was in the Moroccan edition of The Real Housewives: Ultimate Girls Trip, sued Bravo and its affiliated companies in January for allegedly encouraging a castmate to sexually assault her. She also accused the producer of plying the cast with alcohol, causing them to “become seriously intoxicated.” Bravo denies the allegations and tries to close the case.

Meanwhile, Leah McSweeney, who was on the 12th and 13th seasons of The True New York Housewives, sued Bravo in February, alleging that the company encouraged her to relapse while filming the show, despite being aware of her past struggles with alcoholism (which is considered a disability under U.S. federal discrimination laws). She further claimed that she was removed from the cast after making complaints. Bravo denied all allegations against her.

Bravo isn’t the only reality TV producer to come under fire. Two ex- Love Island USA Employees sued ITV and NBCUniversal last year for allegedly mistreating their contestants and racially discriminating against them during the fourth season. ITV America denied the allegations.

Netflix Love is blind it was also at the center of several lawsuits. Season 5 contestant Tran Dang claimed producers did not intervene when she was allegedly sexually assaulted by her then-fiancé. The ex-fiancé denied the allegations and the show’s creator said Dang had not made any complaints.

These processes, which are historically rare in an industry where participants are powerless and seen as easily replaceable, have their genesis in last year’s moment of reckoning for reality television.

Amid strikes by Hollywood screenwriters and actors, former New York real housewives star Bethenny Frankel has begun calling for a union for reality TV stars, seeking the kind of protections and rights that Hollywood actors receive. She also sent a letter to NBCUniversal and Bravo, accusing the companies of “mentally, physically and financially victimizing” the reality show’s cast members. Notably, Frankel did not sue any production companies. However, her constant arguments about the pay gap and unsafe working conditions provided a framework for other aggrieved reality stars.

Australia’s reality TV industry has faced similar accusations. In 2019, the former House rules contestant Nicole Prince claimed she was harassed and bullied while on the show – claiming producers encouraged it. The NSW Workers’ Compensation Commission later ruled in Prince’s favor, ruling that she was an employee of the production company and was therefore entitled to certain protections.

Benjamin Norris, who won Big Brother in 2012, states that Australian production companies generally appear more aware of exploitation and mistreatment than their North American counterparts. However, mental health management remains an issue, and he believes a written industry standard is needed to ensure all companies comply with streamlined policies.

“About Big Brother, I starved myself for 87 days and lost a lot of weight. I didn’t know this was a tactic to make us more prepared to create better content,” he says. “Most of these participants are being paid minimum wage… The lifetime of relevance is almost two minutes of fame. You get chewed up and spat out and that can be really scary.”

Loading

Norris hopes that legal action in the US may encourage local production companies to consider strengthening their mandatory mental health plans, including meetings with psychologists for contestants at all times during production and for the six months following.

Companies such as EndemolShine, ITV and Warner Bros offer health and wellbeing assistance. However, Norris says it’s important to have a psychologist who is not on the company’s payroll.

“My partner thinks I should be paid for the amount of time I spend talking to Reality TV alumni on the phone – talking to them off the edge and helping them remember that they are more than what people think of them “He says. “The fact that I do this every day is a sign that there is more work to be done in this space.”

Behavioral and cultural economist and former actor Dr Meg Elkins agrees, noting how some Australian reality shows appear to be becoming more extreme – seemingly favoring content over wellbeing.

“We are seeing an escalation of competitors placed in conflict situations with levels of deprivation that will bring to the surface behaviors that may appear potentially harmful to them in the long term. Fear and anger drive engagement more than love.” Elkins says. “And contracts are often so binding that they allow for very few recourses.”

Elkins points to the European industry as a possible example of how to implement better safeguards for reality stars. After the suicide of the former Love Island contestant Mike Thalassitis in 2019, the UK media regulator ruled that all British programs would be explicitly required to protect the mental health and wellbeing of cast members.

Loading

In addition, the Swedish version of the MAFS often allows contestants to watch their scenes when the show is cut and offer feedback. Elkins says this kind of “right to reply” could significantly reduce the number of reality stars who have had their reputations damaged by a “villainous edit.”

Employment lawyer El Leverington, who works for Australian firm Slater and Gordon, says everyone who provides any type of service, including reality television, deserves to be treated with respect and have a safe workplace.

“Of course, they may have signed up for the opportunity to make money or love and they may have incredible experiences along the way. But that is not an acceptable basis for them not to be treated with respect and kept safe,” she says.

While the results of the US court cases are not binding in Australia, Leverington says they could succeed in changing the conversation around reality TV more broadly and trigger similar claims here.

“It is possible that some [contestants] raised concerns, but it was never brought up in the public forum and they agreed not to talk about it publicly,” she says. “But given how public the U.S. lawsuits are, I wouldn’t be surprised if someone who has been sitting with some kind of problem or is currently experiencing one might see this and try to give it a try.”