Kid Nation - Broader Legal Implications

Broader Legal Implications

The Kid Nation production raised questions about whether reality show participants are more like subjects in a documentary or working actors. The latter are covered by union rules that govern everything from working hours to compensation. This debate over participant status could be seen in an American Federation of Television and Radio Artists investigation over whether its AFTRA National Code of Fair Practices for Network Television Broadcasting was violated. The investigation went forward even though on reality shows, the Network Code generally covers professional performers, but not the participants. Some parents on hand for the final day of filming accused the producers of feeding children lines, re-casting dialog and repeating scenes, all of which suggested that the children functioned as actors. Producer Tom Forman said that the parents were observing routine "pickups" for scenes that might have been missed because of technical difficulties.

Kid Nation also raised questions about the appropriate minimum age of participants in reality shows. The production took place before New Mexico tightened its regulations governing the number and span of hours a child actor can work. The producers had declared the set a summer camp rather than a place of employment, but that loophole has since been closed. After 11-year-old Divad Miles was burned when grease splattered onto her face while cooking a meal, her mother, Janis Miles, filed a complaint in June calling for an investigation into "abusive acts to minors and possible violations of child labor laws." The claim was investigated by Santa Fe County Sheriff's Office, which found no criminal wrongdoing on the part of the production company. Other investigative efforts by the state of New Mexico into the Kid Nation production were later dropped. The state's Attorney General's Office cited the lack of formal complaint or request for inquiry from any state agency. The state's Department of Workforce Solutions dropped its charge that the producers had denied inspectors access to the set and said it had no plans to investigate.

CBS defended the production's conduct as both legal and ethical, including the response to minor injuries on the set. The network characterized some early allegations as irresponsible, exaggerated or false. In late November 2007 after 10 episodes had aired, Forman accused some newspaper critics of engaging in a feeding frenzy in which they used loaded terms like "child abuse" before actually seeing the show and without interviewing anyone involved with the production.