British communications regulator Ofcom has published strengthened guidance to broadcasters about protecting the welfare of participants in constructed reality programmes, particularly those involving emotional or physical intimacy.

These programmes are very popular with audiences and make an important contribution to the UK production industry. They cover a wide range of formats, some of which encourage participants to share personal experiences or to engage in emotionally or physically intimate situations.

According to a statement from the regulator yesterday, it clarified, however, that it does not approve or ban programme formats, nor does it seek to restrict broadcasters’ editorial freedom.

However, it is essential that broadcasters put appropriate safeguards in place and carefully consider the welfare of people taking part in constructed reality programmes, it opined.

Pointing out that participants’ welfare were at heart of new guidance, Ofcom said it has strengthened “our guidance on the Fairness rules under our Broadcasting Code (Section Seven) to include a new section relating to constructive reality shows”, which involve physical and/or emotional intimacy.

“Our guidance emphasises that the greater the expectation for contributors to engage in physical or emotional intimacy, the greater the potential risk of harm.

“In these cases, broadcasters should consider stronger welfare protections. Broadcasters need to ensure that appropriate safeguards are in place to adequately protect participants from foreseeable risks within their control,” the statement added.

Ofcom expects programme-makers to have regard to the following considerations:

Risk Assessments Should Reflect Format Realities:: Risk assessments should identify reasonably foreseeable welfare risks. Welfare protections for participants should be proportionate to the level and types of risk identified, taking into account, for example, the subject and nature of the programme and interactions between participants.

The guidance includes a risk matrix for constructed reality formats involving physical and/or emotional intimacy to help broadcasters in making these judgements.

Participants in Some Formats More Vulnerable: Particular care may be needed where members of the public, unused to having a public profile, take part in formats in which they’re exposed to conflict, emotional pressure, sensitive personal disclosures or expectations around physical intimacy.

Being Alert Harmful Behaviour: Broadcasters should be alive to the particular risk that the establishment of “new” relationships may lead to harmful behaviours amongst participants —for example, sexual misconduct or coercive control.

This may be heightened in formats where there is a competitive element for participants to form and maintain a partnership. Appropriate advance background checks are encouraged to identify behaviours that could place other participants at risk.

Enhanced Welfare Support for Higher-risk Formats: Ofcom said that such measures even during and after the show could include access to clearly identifiable and appropriately trained welfare teams who are independent of editorial staff; external welfare experts and specialist support services and opportunities for contributors to contact family and friends outside filming.

The provision of a dedicated point of contact for a reasonable period after transmission to help address any ongoing welfare concerns should also be considered.

Consent An Ongoing Process: Broadcasters should revisit contributors’ informed consent where circumstances change during production — for example, following confrontations, emotionally challenging situations, increased anxiety or physical intimacy.

Clear Reporting & Escalation Procedures: Production companies and broadcasters should have defined routes for handling welfare concerns, including referrals to external authorities where serious allegations arise.

Comprehensive records of welfare incidents, reports of harm and any actions taken should be kept, helping to identify patterns of behaviour and inform future decisions.

Participants should also be informed of their right to complain to Ofcom following the broadcast.

Ofcom said it would continue to work with industry and relevant organisations such as the Creative Industries Independent Standards Authority, the UK’s independent, industry-backed standards authority designed to protect workers and uphold professional standards across the creative sector.