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Kids' Reality Show 'Borders on Abuse'

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puddin:
Monday, August 27, 2007
Did CBS Neglect the Kid Nation Kids?
by Jonathan Small, with additional reporting by Kate Hahn

Jasmine, Maggie, Madison and Michael, Kid Nation
 Just weeks before its Sept. 19 debut, Kid Nation is under siege. CBS' reality show, in which 40 kids from 8 to 15 years old have 40 days to build a society in a New Mexico ghost town, is fending off attacks from state officials and one angry parent. Janis Miles, whose daughter, Divad, appeared on the show, accused producers of borderline abuse and neglect. CBS shot back in a statement that Miles' claims are "distorting the true picture of the Kid Nation experience, about which the overwhelming majority of kids are highly enthusiastic and happy."

The controversy started several weeks ago, when the New Mexico Children, Youth & Families Department received a letter from Miles that said her 11-year-old daughter was burned by hot grease while frying a meal and that at least two kids drank bleach from an unmarked bottle, all with no adult supervision. (Another participant, Kelsey, told TV Guide she burned her hip on a stove.) Miles' accusations caused concern. "Unfortunately, the letter was [received] after the production left the state," says Romaine Serna, a spokesperson for the Families Department. "So we couldn't do anything about it."

CBS disputes that Kid Nation was a rogue state with no adult supervision; there was an on-site team of paramedics, a pediatrician, an animal safety expert and a child psychologist. "The few minor injuries that took place were all treated immediately and by professionals," the network says. In fact, Daniel, a Kid Nation resident with asthma who was known as DK, praised the show's safety efforts: "We had medical people and inhalers and nebulizers. If I was out of breath, these people just came from all over." Another parent says she was updated on the status of her son Michael at least every three days.

Negligence isn't the only complaint. During production last spring, the state attorney general's office wrote a letter to CBS questioning their interpretation of state child-labor laws. The kids, who received a $5,000 stipend, reportedly worked 14-hour days. When the New Mexico Department of Workforce Solutions began receiving anonymous calls that the children were working under inappropriate conditions, an inspector went to the set to request work permits but was turned away three times. CBS argues that under state law the kids were exempt from permits. Workforce rep Carlos Castaneda disagrees: "Anytime you have children doing any type of work, you need a permit." CBS promoted Kid Nation as controversial — and it's certainly living up to the billing.

http://www.tvguide.com/news/kid-nation-controversy/070827-04

puddin:
August 28, 2007

WGA: 'Kid Nation' Crew Overworked, Underpaid
By James Hibberd

The Writers Guild of America is wading into the “Kid Nation” debate, with President Patric Verrone condemning the working arrangements on the much-discussed New Mexico production.

“This is a story that is incomplete, because it’s not only the kids for whom conditions were deplorable but the entire crew,” Mr. Verrone said.

After interviewing “Kid Nation” crew members, the WGA said the production staff regularly worked 14 hours a day, seven days a week—not entirely unusual for a large reality production.

“The folks who write, produce and shoot these shows were subject to illegal and unfair working conditions,” Mr. Verrone said. “They don’t get paid overtime, they violate consecutive days of work [rules], they don’t get meal breaks. We’ve been saying that for two years now. It’s unfortunate that this kind of business model is now treating kids the same way they’ve been treating adults.”

The WGA has been trying to unionize reality producers who craft show storylines on the set and during post-production. The WGA claims nonunion members on reality programs work marathon hours without health benefits or overtime pay, unlike their union counterparts.

“Kid Nation” executive producer Tom Forman defended the production, saying it employed union members—just not any from the WGA.

“We treated every member of our crew exceptionally well,” Mr. Forman said. “For union and nonunion workers alike, there were days off, there were meal breaks. The WGA wasn’t there and has no knowledge of what happened. I resent them sticking their nose in this.”

CBS declined to comment.

Unlike the young “Kid Nation” cast, the show’s crew members are employees of a California production company and therefore, argues the WGA, subject to California’s labor law, rather than New Mexico standards. The WGA contends that nonunion employees on “Kid Nation” are classified as hourly employees, yet worked a large number of hours on a fixed rate.

“The fixed weekly rate is an illegal method that prevents employees from being paid the overtime they are due,” said Tony Segall, general counsel for the WGA. “Sadly for employees, this happens on virtually every nonunion reality show, not just ‘Kid Nation.’”

The WGA is locked in negotiations with networks and studios for a new guild contract; their current pact expires Oct. 31.

Two years ago, the WGA backed two class-action lawsuits against reality show production companies for similar labor issues. A judge mandated the guild cut ties with the plaintiffs in the suits, which merged and continue to move forward.

Mr. Verrone said the conditions on the sets of reality shows have been beneficial to media conglomerates, and the “Kid Nation” affair may shine a light on what that has meant to workers.

“Hopefully it finally gets some attention to these people who have been putting up with this for a long time,” he said.

As on most reality show sets, some of the crew positions on “Nation” were covered by a guild and some were not. On Friday, one of the guilds covering the show, the American Federation of Television & Radio Artists, announced it is launching an investigation into reports of abuse of children on the set. (AFTRA covers entertainment professionals such as the show’s host, but not the amateur participants.)

“We are concerned about reports of abuse arising from ‘Kid Nation,’” the guild said in a statement. “AFTRA is investigating whether the terms and conditions of the Network Code were violated in the production of ‘Kid Nation.’ We will take all legal and moral steps available to protect the rights of the performers and children on this program.”

On Monday, the Screen Actors Guild issued a statement of support for AFTRA’s investigation.

“Had the children been engaged under SAG contracts, they would have had protections including maximum daily work hours based on their age, minimum compensation, supervision and instruction on the set from qualified teachers, and 15 percent of their gross earnings placed in a blocked trust Coogan account,” the statement said.

puddin:
Tuesday, August 28, 2007

CBS Weathers 'Kid Nation' Buzzkill
They didn’t want this much buzz.

Ever since the “Kid Nation” storm began, industry insiders have declared over countless lunches: “All this press is playing right into CBS’ hands. This is exactly what the network secretly wants.”

But in recent weeks, the “Kid Nation” controversy crossed the threshold from worrisome-yet-helpful publicity to red-alert overload. The network is, most assuredly, not happy. There’s corporate-approved edgy “Viva Laughlin” buzz … and then there’s kids drinking bleach and state attorney general investigations.

There seem to be few organizations connected to “Kid Nation” left to express their outrage that reality show contestants might possibly have been underpaid or mistreated. It’s a problem that, as the Writers Guild of America notes today, has been common on both sides of the camera for years, but is only getting tough media scrutiny now that the reality production funhouse involves kids. How much of a difference that distinction makes is a question for the attorneys, psychologists, child development experts, concerned parents, fellow bloggers and others weighing in.

At the eye of this media hurricane is an editing bay, where executive producer Tom Forman continues to work on “Nation.” He claims nothing about the controversy will change the way he shapes his program. The on-set accidents -- a kitchen grease burn first reported in TelevisionWeek that manages to get more horrific with each telling, the instantly infamous group bleach-drinking first reported in the New York Times -- were not directly captured on camera, he says, and will not be in the show.

“I’m horrified and frankly disgusted people are throwing around phrases like ‘child abuse,’” he says, sounding characteristically upbeat despite the recent succession of headlines. “We got a lot of column inches devoted to a show nobody has seen yet. I encourage people to watch it Sept. 19 and make up their own minds.”

Forman says he’s particularly bothered by the media criticism of “Nation” parents, which hit a fever pitch after The Smoking Gun last week published the show’s 22-page participation agreement.

At first blush, the contract reads as if parents are selling their kids into servitude in a coal mine by day, bordello by night. But it’s not much different from the agreements signed by reality participants every day. The only difference, as the chorus goes, is that the participants are kids.

“I look at that contract and I think I agree to most of that stuff on the back of my ticket to Disneyland,” Forman says, giving one of those quotes that, intentionally or not, tend to get readers riled up. “I’m not sure anybody who ever sent a kid to summer camp and signed a contract is all that surprised by what they read in there. What sort of parent wouldn’t want me to be able to call an ambulance if their kid needed one?

“Not every parent,” he concludes, “is a ‘Kid Nation’ parent.”

Posted on August 28, 2007 12:54 PM | Permalink

Kogs:
from yesterdays la times
Child welfare concerns add to union disputes with reality shows.

For 40 days, the children of "Kid Nation" hauled wagons, cooked meals, managed stores and cleaned outhouses, all in the name of building a society in front of reality TV cameras.

Were they working? There doesn't seem to be a simple answer. But what is clear is that CBS' new reality venture, which placed 40 children on a New Mexico ranch without any contact with their parents, has become a flash point in a television genre actors and writers have long blamed for taking jobs from them.
Scheduled to premiere Sept. 19, "Kid Nation" has become the subject of several official investigations, highlighting some of the inherent problems in reality television, which keeps costs down by avoiding paying writers and actors.

The stakes are high for the networks that profit from the entertainment and for the Hollywood guilds that have joined the "Kid Nation" fight as the industry girds for a possible strike this year.

To make their larger point about reality television, the guilds have seized on "Kid Nation" with its added dose of controversy -- the welfare of children.

"To me, this is the sweatshop of the entertainment industry," said Jeff Hermanson, assistant executive director of Writers Guild of America, West.

"What's happened with 'Kid Nation' is typical and universal, but then it's that much worse because it's about children. The exposure that reality television is getting as a result of the 'Kid Nation' case really has much greater import in the big picture."

It's also shined a light on the common network practice of creating subsidiary companies that can contract with production companies that are not bound by union labor laws and can shield networks from having their corporate image tarnished.

"This is an area that the networks don't really want to talk about because they don't want to address the manner in which they try to divorce themselves from legal responsibility or moral responsibility for the conditions on the shows," Hermanson said.

"The purpose of using these companies is to distance themselves from any liability for labor practices or lawsuits of any kind," he said. "But it's an insidious practice in my opinion because when you look at who is deriving the benefit ... it leads right to the network's door."

A complaint charging "abuse and neglect" by the mother of a 12-year-old girl who was burned in the face while cooking was made public last week. New Mexico Atty. Gen. Gary King said he will investigate whether producers lawfully kept state inspectors, who wanted to review work permits for the children, from the site. CBS lawyers maintain that no work permits were needed because the children were "participating," and not working, during the filming of the program.

The Screen Actors Guild joined the fray Monday, having received a barrage of calls from parents, members and former young performers who "called and yelled at us because they were really appalled at the way these kids were treated," said Pamm Fair, SAG's deputy national executive director.

The guild looked at the contract between parents and producers, she said, "and it's been a long time since we've seen such egregious provisions for any performer, let alone children."

"We have a lot of people who are very upset about this show," she added, "so there may be action down the line to let the network know that people are unhappy about the treatment of children and how it's reflected in the series."

SAG is following the American Federation of Television and Radio Artists, which announced Friday that it was looking into reports of abuse of children on the set. AFTRA covers the host and announcer of "Kid Nation," and the organization is reviewing the contract between the children and the production.

Although the CBS Corp. board of directors has not met on the issue, board member Linda Griego said members are making inquiries to make sure the laws were followed.

CBS owns the copyright to the show through a subsidiary company, Magic Molehill Productions Inc., which was incorporated in 1995 and has held copyrights to other reality fare on CBS and the CW, the network CBS co-owns with Warner Bros. CBS contracted with Good TV Inc., which belongs to Tom Forman, the creator of "Kid Nation," to produce the show.

Although Magic Molehill is a non-union entity, Good TV had agreements with AFTRA to cover the "Kid Nation" host and announcer, with the Director's Guild of America for the show's director and with the Teamsters to cover the drivers. But the production crew was non-union.

CBS officials declined to comment about Magic Molehill except to acknowledge that it's a copyright holder for "Kid Nation" and other shows.

Since "Survivor" premiered on CBS in 2000, reality TV has been the prickly stepchild of the networks. Reality shows can yield a hefty bounty for networks and producers when the shows hit big. But, over the years, as the genre has produced everything from the Emmy-winning "The Amazing Race" to "My Big Fat Obnoxious Fiance," skepticism has grown about the "realness" of the shows.

Producers have admitted to writing scenarios that contestants are asked to carry out. And contestants have revealed that they work long hours and are often asked to do different takes of scenes to make them more interesting or controversial.

For these reasons, union representatives argue that the shows have writers who should be compensated according to union guidelines and that some contestants are performers who could be covered under collective bargaining agreements.

Two suits are pending in California Superior Court on behalf of groups of reality show producers and writers who are charging several production companies and TV networks with violations of labor laws governing overtime, wages and meal periods.

Like the amateur contestants on game shows, each child on "Kid Nation" received a $5,000 stipend -- "as a thank-you for participating," Forman said -- and some won prizes of $20,000 or more. The participants, ages 8 to 15, hailed from 15 states, excluding California and New York, which have some of the strictest labor laws in the country.

In an interview Aug. 9, Forman said he avoided children from those states because, "as we looked at the labor issues, there were some issues there." But, he said, "I was OK with it too, because that's where I thought we would find kids in the entertainment business, not the all-American kids we were looking for that I think the viewers would relate to."

Although only one child from the "Kid Nation" cast has turned out to be a professional actor, almost half have expressed interest in performing or acting. In interviews, some of the children and parents have said the children did not "work" when they were filmed for 14 hours or more a day because they set their own hours and decided for themselves what chores to do.

In statements to the press last week, CBS expressed support for its show and production. Forman also said in interviews that the children "were not taken advantage of."

"I think that some of the controversy comes from people who don't believe that kids are as capable as I know they are," Forman said. "I saw it in my own kids and I saw it in these kids, that if you let them step up and take responsibility, they are smarter than anyone gives them credit for."

But to get what they want, reality show producers cite documentary filmmaking as their inspiration and claim their shows are more just than a form of entertainment, said Mark Andrejevic, author of "Reality TV: The Work of Being Watched."

"In order to legitimate the free labor that they extract from cast members, every reality show producer claims that this is some kind of experience where people grow and learn about themselves," he said. "The producers rely on the tradition of the documentary to make this seem like it's not exploitation when the only true commitment they have is to turn a profit."

TexasLady:

--- Quote ---For 40 days, the children of "Kid Nation" hauled wagons, cooked meals, managed stores and cleaned outhouses, all in the name of building a society in front of reality TV cameras
--- End quote ---

It sounds like work to me. What else would it be? Vacation time? They were paid next to nothing. The more I read about this "show" the less I like it.  :meow:

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