Radio Doc release forms and participant agreements

In radio-land, unlike when television reporting, participant release form are not always mandatory. It is generally assumed if you look like you are recording and the participant clearly understands they are being recorded – then that basically counts as the participant giving you ‘permission to use the material’.

That said, always ask if you may record someone - sneaky recording is illegal and rude.

If you are recording something like a musical performance, however, then release forms are required. If you need an ABC participant release form your EP will let you know and provide one.

Sometimes program participants want to have the ‘final say’ or ‘veto’ over the program before broadcast. It’s an understandable desire – they have given you their voice – let you colonise their story - and it’s natural for them to feel concerned about how you will use it… And sometimes there are other legal issues involved too.

However, there is no way your commissioning broadcaster will allow the participant such a level of control over their investment – it’s just not going to happen, so don’t even toy with the idea.

In most cases there is no other way around it than to accept and acknowledge that the ‘exchange’ between program maker and documentary participant is a gift based on trust. It’s a leap of faith they either are or are not willing to take with you. I usually tell participants that I will to listen with them to the final program before broadcast and ‘seriously consider’ any concerns or suggestions they may have – I can’t give them a guarantee.

Obviously things get a lot more complicated if you are taking an adversarial approach to the program or discover something that changes things… and that opens up a whole can of worms about the relationship between maker and subject and journalistic ethics.