PAPERS Copyright 2013 3. Ethical Space: The International Journal of Communication Ethics. All rights reserved. Vol 11, No 3 2014 25 Judith Townend 1 Layers of consent This paper argues that highly-developed tele- vision documentary-making techniques could provide a model more generally for journalists navigating the complicated process of obtain- ing contributors’ consent. Keywords: ethics of consent, television docu- mentary, digital speed, media regulation For Mr ‘X’, the situation was unacceptable: his daughter, a postgraduate student, had not been properly informed of the nature of the BBC’s involvement in a trip to North Korea in 2013, organised by a student society at the London School of Economics and Political Science (LSE). The BBC Trust’s Editorial Standards Committee (ESC) agreed, finding that Panorama’s provision of information to the students when journalist John Sweeney joined the trip to film secretly within the country ‘was insufficient and inadequate’ and that student ‘X’ ‘did not possess the knowledge necessary to give informed consent’ (ESC 2014: 1). Meanwhile, in an interview with Press Gazette, another student challenged this version of events, claiming they were made properly aware of the circumstances and the potential implications (Ponsford 2014). And significantly, even the ESC’s investigation into what information had been made available to the students, found ‘almost no agreement on this point between all of the students’ (ESC op cit: 18). The disparity in accounts highlighted the complicated nature of obtaining consent; the BBC Trust finding indicated an inconsistent and undocumented process in this instance, making it difficult to establish whether fully informed consent had been given, or not, and by which parties. The ESC had to consider whether the students should be treated as contributors (it deemed they should, but their role was not ‘significant’ enough to warrant a formal contract) and what was told to whom, and when. While an extreme and unusual example, the BBC Panorama North Korea complaint highlights some of the complexities around securing consent to participate in journalistic process. News outlets depend on members of the public to contribute their opinions, knowledge and experiences, whether as ‘sources’ or ‘contributors’, but their role and the nature of the relationship is not clearly defined and can be antagonistic, with potential alienation of participants during the process and following transmission or publication. Furthermore, public participation is regulated according to media platform and the relationship is negotiated in varying ways by different journalists and organisations. Regulatory role Contributor consent, 2 often documented in the form of a signature on a release form, is the mainstay of documentary film and television production in the UK. Both the Ofcom code and the BBC Guidelines deal with consent at some length, in sections relating to fairness and privacy (within Sections 7 and 8; and Sections 6 and 7, respectively). Furthermore, extensive discussion of the different types of contributors and the consent process can be found in the BBC Editorial Policy guidance note on ‘informed consent’ (BBC 2011). Within the ‘recruited participant’ category there are three categories of contributor: ‘the straightforward contributor’, the ‘collaborative contributor’ and the ‘the vulnerable contributor’ (ibid: 9-11). Particular care and attention should be paid to the latter. The guidance advises: …when dealing with a long and involved project, (particularly if the contributors are vulnerable) it can be advisable to lay out details of the programme, its editorial intent, the expectations placed on the contributor, how the contribution will be used and any other relevant information relating to participation – including support for the contributor and any viewing rights (ibid: 5). Generally, without consent a person’s personal contribution cannot be included. There are exceptions, especially in the context of news and current affairs (see BBC 2010: 6; BBC 2011: 3; Ofcom 2009: 2), but for most programmes, it will be necessary to obtain the consent of contributors to broadcast their contribution. At the lower end of the scale, consent to air a brief vox pop might be given on camera as ‘rushes consent’; at the other end of the spectrum, there are extensive and nuanced procedures