What Does a “Reality Reckoning” Look Like?

Last summer, during the SAG-AFTRA and WGA strikes, former Real Housewife Bethenny Frankel called for the unionization of reality television stars in what she calls a “Reality Reckoning.”[1] This was not the first-time reality TV employees tried to unionize. During the 2007 writers’ strike, reality TV production members attempted to join the WGA as a result of the boom in reality TV viewership that resulted from the pause on scripted television.[2] However, their potential membership was scrapped during negotiations between the WGA and the studios. In 2023, reality story producers, who help edit and craft a narrative after reality television footage is shot, expressed a continued interest in joining the WGA West.[3]

 

Now, reality television stars are entering the mix in discussions of joining SAG-AFTRA. SAG has already offered reality stars membership under their Network Television Code, which protects the casts of talk shows, morning news, soap operas, and game shows, among others.[4] Current organizations represented under this code include Saturday Night Live, The Voice, and Last Week Tonight with John Oliver.[5]

 

One potential benefit of reality TV members unionizing would be increasing their access to physical and mental healthcare. Generally, reality stars are expected to authentically and vulnerably allow an audience access to their lives, either in the context of a competition or following their lives for an extended period of time. This can lead to mental and physical health challenges, but currently many lesser-known reality stars cannot afford the necessary healthcare to help ameliorate these issues.[6] Healthcare access is especially important for those cast members who are new to the business, with limited financial resources and a lack of industry knowledge to navigate the pressures of living in the public eye.

 

In the fight to unionize, Frankel has been particularly vocal regarding nondisclosure agreements reality stars must sign, which preclude them from speaking out regarding misconduct on set. Last August, Bryan Freedman and Mark Geragos, the attorneys representing Frankel and other reality cast and crew, wrote to NBCU executives to release a collection of Bravo and E! cast from their NDAs. Bravo claimed that these NDAs are only intended to protect storylines from being leaked before episodes air.[7]

 

Unionization, of course, would not come without its challenges. For one, studios count on reality television being low-cost, and they can currently produce an episode of reality TV for, on average, five percent of what it costs to produce an episode of scripted television.[8] Another consideration is that, with unions, reality TV viewers might get fundamentally different shows. For instance, the Bravo audience relies on viewing the provocative storylines (think #Scandoval) and alcohol-fueled fights. With greater protections for cast members, and potentially less alcohol flowing, these plot lines may be less dramatic or cease to exist entirely. On the other hand, if what makes the reality genre so entertaining are the very practices that make it flawed, perhaps society should examine what our tolerance for exploitation says about our values.[9]

 

Opposite Bethenny Frankel is another notorious “Bravolebrity,” Lisa Vanderpump, of The Real Housewives of Beverly Hills and Vanderpump Rules. In response to Frankel’s call for a Reality Reckoning, Vanderpump points out efficiency issues inherent in the unionization process. For one, she raises that some cast members on reality shows are “plucked from the street,” and may have different priorities and pay expectations than more seasoned stars.[10] Collective bargaining with such a disparate group poses challenges, but perhaps a union could set pay scales and include certain contract provisions for different classifications of cast members. These job classifications could be based on tenure in the industry or at a network, by social media followers and name recognition, or a combination of both.

 

Only time will tell if and how reality stars will unionize, but change has already begun. On August 3, 2023, Freedman and Garagos sent a litigation hold letter to NBCUniversal, instructing them to preserve communications and documents related to potential sexual misconduct, alcohol use, and other on-set practices.[11] In response to reported misconduct on the Bravo series Below Deck, and perhaps fueled by these letters, NBCU is cracking down on its reality TV production policies. It has since tightened its requirements for anti-discrimination policies, harassment on set, and alcohol training, which now advises crew members on what level of alcohol consumption is appropriate and when to intervene in interactions with cast members.[12] Change has extended beyond the Bravo universe and NBCUniversal, with Love is Blind contestants suing regarding misconduct on set,[13] and other cast members from shows like Big Brother and The Bachelor speaking out.[14] Moving forward, studios may decide that reality TV unions are actually a cost effective alternative to potentially dangerous situations and resulting lawsuits. Either way, it is clear that reality TV cast and crew are demanding more from their employers, and more change is likely to come.


[1] https://www.hollywoodreporter.com/tv/tv-news/bethenny-frankel-residuals-reality-tv-strike-1235540352/

[2] https://www.vulture.com/article/reality-reckoning-reality-tv-union-history-explained.html

[3] https://www.vulture.com/article/reality-reckoning-reality-tv-union-history-explained.html

[4] https://www.sagaftra.org/members-ratify-2022-network-television-code-agreement

[5] https://www.sagaftra.org/members-ratify-2022-network-television-code-agreement

[6]  https://www.vulture.com/article/reality-reckoning-reality-tv-union-history-explained.html

[7] https://time.com/6314118/reality-tv-unions-protection/

[8] https://www.vulture.com/article/reality-reckoning-reality-tv-union-history-explained.html

[9] https://www.vulture.com/article/reality-reckoning-reality-tv-union-history-explained.html

[10] https://www.vulture.com/2023/08/lisa-vanderpump-reality-star-unions.html

[11] https://www.hollywoodreporter.com/tv/tv-news/nbcuniversal-grotesque-depraved-mistreatment-reality-tv-lawyer-letter-1235551194/

[12] https://deadline.com/2023/09/reality-shows-nbcuniversal-workplace-conduct-guidelines-1235553975/

[13] https://deadline.com/2023/10/love-is-blind-sexual-assault-lawsuit-contestant-1235566220/

[14]  https://time.com/6314118/reality-tv-unions-protection/

Christina Gatti

1L Representative

Penn Carey Law, Class of 2026

Previous
Previous

Knicks v. Raptors in the Legal Arena

Next
Next

Fan-Centric Evolution: The NFL’s Multifaceted Approach to Audience Expansion and Sports Betting Integration