Bravo, Under Pressure From Lawyers, Clarifies Use of Reality TV Nondisclosure Agreements

After the lawyers working with former Real Housewives of New York City star Bethenny Frankel said that Bravo had reached a “day of reckoning,” the cable channel has clarified its controversial use of nondisclosure agreements in its reality TV productions.

In a statement to Variety, a Bravo spokesperson explained that it has cast and crew members sign NDAs to keep spoilers at bay. “Confidentiality clauses are standard practice in reality programming to prevent disclosure of storylines prior to air,” the spokesperson said. “They are not intended to prevent disclosure by cast and crew of unlawful acts in the workplace, and they have not been enforced in that manner.”

Frankel announced a “reality TV reckoning” in a July 20 Instagram video, saying that the entertainment industry exploits reality TV stars’ lives and emotional turmoil for content. “I recognize that a young, doe-eyed reality star-to-be wanting fame at any cost doesn’t know what they’re signing, and they can’t afford a good lawyer, but they’ll sign away their entire life just for a chance at fame,” Frankel said.

Freedman and fellow attorney Mark Garagos took up Frankel’s cause, as Variety reports: The attorneys sent Bravo parent NBCUniversal a litigation preservation hold notice on August 3, stating that the “day of reckoning has arrived.”

In that letter — published online by TMZ — the attorneys alleged that cast and crew members of NBCUniversal reality TV shows had been denied mental health treatment, plied with alcohol and deprived of sleep and food during filming, and blocked from leaving their shows.

They also alleged that NBCUniversal and/or its employees, contractors, and third-party affiliates exploited minors for uncompensated TV appearances, covered up acts of sexual violence, and distributed and/or condoned the distribution of nonconsensual pornography.

And in a letter sent to NBCUniversal’s general counsel on Sunday, August 20 — another document published by TMZ — Freedman called out the “draconian terms of NBC’s contracts with its cast and crew, which contain onerous confidentiality provisions coupled with ruinous penalties for breach.”

In its statement to Variety, however, the Bravo spokesperson said that alleged mistreatment can be reported, even with the NDAs. “To be clear: any current or former cast or crew is free to discuss and disclose any allegedly unlawful acts in the workplace, such as harassment or discrimination, or any other conduct they have reason to believe is inappropriate,” the spokesperson added. “We are also working with our third-party production companies to remind all cast and crew that they are encouraged to report any such concerns through the channels made available by the production company so concerns can be promptly addressed.”

For example, NBCUniversal is urging production companies like Vanderpump Rules producer Evolution Media to give cast and crew members multiple methods to report abuse, including anonymous hotline numbers printed on call sheets, Deadline reports.