The Ethics and Legality of Obtaining Release Forms for Arrestee Footage on TV Shows

When producing a television show such as COPS, the decision to obtain release forms from arrestees involves a complex interplay of ethical, legal, and practical considerations. To understand the significance of these release forms, it is essential to explore the legal standards, the reasoning behind producers obtaining these forms, and the implications of failing to do so.

Legal Standards and the Right to Privacy

Even if arrestees do not sign release forms, it would typically be challenging for them to successfully sue over the footage aired on a show like COPS. According to legal standards, individuals are presumed to be innocent until proven guilty. Additionally, the fact that the arrest was made is a matter of public record, and the videotape provides a tangible record of the events. For a victim to succeed in a lawsuit, they would need to demonstrate defamation—a very difficult standard to meet given the clarity and documentation offered by the show.

The Producers' Choice to Obtain Releases and Legal Issues

While the legal necessity of obtaining these releases is debatable, the producers of COPS have chosen to require them. This proactive measure serves to insulate the show from potential legal action. The use of releases can significantly reduce the already minimal risk of lawsuits. However, cases like the one in Tacoma in 2005 highlight that such preventative measures do not completely eliminate the threat of lawsuits; they do, however, make it more difficult for individuals to pursue legal action.

Ethical Considerations and Practical Reasons

ETHICALLY, obtaining releases can be seen as a form of respect for individuals' privacy. COPS producers argue that by securing releases, they are being proactive in respecting the individuals' right to privacy and complying with best practices within the industry. PROFESSIONALLY, the insurance aspect plays a significant role. Most independent productions must secure insurance, and insurance providers often require that anyone whose face appears in the footage sign a release. This is not a legal requirement but a practical one to minimize risk.

Documentary Context and Insurance Requirements

In a more general context, the production of news and documentaries faces similar challenges. In news/documentary productions, the legal standards are different, and there is often no direct legal need to get a release. However, most independent productions operate with insurance policies, which often demand releases for any individuals seen on screen. This is because insurance companies aim to minimize risk, leading filmmakers to often seek releases, even if not strictly required by law.

Furthermore, COPS is not the only show that faces potential legal issues. Network news departments often rely on in-house legal teams, so they may not require releases. Documentaries and independent productions, on the other hand, are more likely to face such requirements due to the financial risk associated with insurance.

Case Studies and Practical Implications

It is interesting to note that the most aggressive documentaries often operate without signed releases, backed by a legal team to handle any potential lawsuits. This strategy balances the need to protect the show's reputation and maintain compliance with industry standards.

The Bottom Line

In conclusion, the decision to obtain release forms for arrestee footage is a complex matter that involves both ethical and practical considerations. While the legality is debatable, the practical necessity remains significant. The use of releases can insulate shows from potential lawsuits, ensuring that the rights of individuals are respected and legal standards are met.

Further Reading

To gain a deeper understanding of these issues, it is recommended to read articles from reputable sources, such as WNYC, which provide insightful commentary on the use of releases in documentary filmmaking.