From Chariots of Fire to The King's Speech: Writing Biopics and Docudramas

Appendix A: Broadcast Guidelines

183 Appendix A: Broadcast Guidelines As mentioned earlier, all the U.S. networks have established guidelines for the writing of docudramas, or, as they like to call them, fact-based movies. These guidelines are issued by the networks’ broadcast standards and practices departments. Each network has slightly different procedures, and below you canseethenotesissuedbyNBC,alongwiththecompany’sadvicetoproducers. nbc guidelines (Production Company name) (Address) (Re: (Name of the Project) Dear ___________________ I am writing to advise you of the procedures that NBC requires producers and their attorneys to follow with respect to fact-based movies and mini-series. Production Company (“Packager”) must do the following in connection with (Name of the Project): 1. Packager must obtain a completely annotated screenplay from the writer, with the annotations showing, line by line, whether particular dialogue is factual and accurate, fictionalized but based on known facts, or wholly author-created. Each notation should be keyed to underlying factual works, such as specific pages of newspaper articles, books, interviews, and the like. The more sensitive the particular scene or statement, the more important it is that there is substantial backup, including multiple sources. Please send one copy of the annotated script to the NBC Program Standards Department and a second copy to the NBC Law Department. 2. NBC expects Packager to be thoroughly familiar with all the events and occurrences that are reflected in the teleplay so that it can determine if particular sources upon which the author relies are sound or are contradicted by other sources. 184 Appendix A Packager’s attorneys will need to verify that the source chosen by the author is valid and supportable. 3. Because fact-based programs reflect real events, fictionalized material must be used only to advance the plot, not to alter what actually occurred. Therefore any author-created material must be carefully prepared to avoid placing an individual in a worse light than is completely supported by the facts. 4. The writer must take particular care with composite or fictional characters to ensure that there is no basis for a claim of accidental identification. In particular, the reviewing attorneys should focus on characters who might be identifiable because of some particular position or characteristic or relationship to the plot that the fictional character has. 5. Finally, Packager must see that all necessary and appropriate releases have been obtained. In NBC’s experience, it is often useful to obtain the services of an outside research entity, such as Fact or Fiction. These entities may spot problems of which the reviewing attorneys otherwise would not be aware . . . Finally I am enclosing an Annotation Guide for use by the writer of the script for the program. Thank you for your cooperation . We look forward to working with you. Very truly yours, nbc annotation guide Annotated scripts should contain for each script element—whether an event, setting, or segment of the dialogue—notes in the margin that provide the following information: 1. Whether the element presents or portrays: (a) Fact; (b) Fiction, but product of inference from fact; or (c) Fiction, not based on fact. 2. With regard to characters: (a) Whether the character is real, composite (of real individuals), or totally fictional. (b) Whether the character’s name is real; and (c) Whether any corresponding real persons have signed releases. 3. Source material for the element; Broadcast Guidelines 185 (a) Book; (b) Newspaper or magazine article; (c) Recorded interview; (d) Trial or deposition transcript; (e) Any other source. Source material identification should give the name of the source (for example , a New York Times article, with page reference and date). To the extent possible, identify multiple sources for each element. Retain copies of all materials, preferably cross-indexed by reference to script pages and scene numbers. Coding may be useful to avoid repeated lengthy references. Descriptive annotation notes are helpful (for example, “setting is hotel suite because John Doe usually had business meetings in his hotel suite when visiting L.A.—New York Times; April 1, 2010, p. 8”). ...