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Touro Law Review

Touro Law Review

Abstract

Prior to watching Netflix’s hit show, Squid Game, I was proud to say that I was someone who was a true connoisseur of reality television. Like millions of Americans who tune in to their favorite “trash TV” show, I would always look forward to turning on my TV at the end of a long day, sitting back in my pajamas, and binge-watching my favorite reality television shows. And, unlike many viewers, I was not ashamed to say this was one of my favorite hobbies. However, after watching Squid Game, my passion for reality television also grew into a concern for the potential welfare of the various participants. Although the show is highly dramatized in its portrayal of the harm done to participants in a competition-based reality program, Squid Game provides a useful springboard for discussion to see what could possibly happen if we continue to allow executives and networks to do as they like (without regard for the welfare of their participants) . . . all for the sake of drawing in ratings and maintaining the attention of viewers. This article examines the multitude of potential legal issues involved in reality television show participation through an exploration of the various abuses done to both Squid Game and “real life” reality TV participants. Then, after evaluating the near unconscionability of real-life reality television arrangements, this Article will provide two solutions that could even out the playing field between networks/producers/executives and participants: (1) adoption of the Ofcom duty of care standard in reality television contracts that the UK implemented in December 2020 and (2) permitted unionization of reality television participants in order to ensure more effective bargaining.

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