Court rules participants on shows should be treated as salaried staff, though day rate more than French monthly minimum wage
It's a tough life being a reality TV contestant in France. Those scantily clad figures slaving away on sun-toasted beaches and expending sweat and tears around luxury swimming pools might look as if they are having fun – mais non.
In fact, it is extremely hard labour for which they deserve to be paid handsomely, France's highest appeal court has decided. And the going rate for this relentless toil at the coal face of light entertainment?: €1,400 (£1,230) a day, slightly more than the French monthly minimum wage.
The court has declared the contestants must be treated as salaried staff, paid a fixed wage plus social charges and overtime and be allowed a 35-hour working week. The decision could cost French television companies over €52m.
Now the French lawyer who brought the case says it has opened the way for claims by those taking part in reality shows the world over. Jérémie Assous is already in talks with legal firms in Britain, America, Spain and Israel over future lawsuits. "The principle is universal and simple. You cannot make people work 24 hours a day, seven days a week. That is slavery, even in a country where the laws are more liberal," he said. "And as far as I'm aware slavery is banned, even in Britain."
Assous brought a test case on behalf of 56 participants in L'île de la Tentation, the French version of Temptation Island. In it several couples were transported to a beach near the Thai resort of Koh Samui, separated and subject to temptation from scantily clad members of the opposite sex.
They sued the private French channel TF1, which makes this and several other reality shows, saying that while it looked like a piece of gateau to those watching and while they may have appeared to be enjoying themselves, the demands of bossy producers made it a daily grind, like any other.
"It's incredibly tough. It's like a film shoot except actors go to a location do their work then go back to their trailers or hotels for the evening. Now reality TV stars have the same rights."
Judges in the case, that had taken six years to resolve, set a legal precedent two years ago when they ruled that appearing in a reality show constituted work, but it was down to the appeal court to decide how much contestants should be paid. Assous had demanded €400,000 for each contestant, which television companies warned would spell the end of reality TV.
He said he and the former contestants were "very happy" with the ruling and he had another 300 former participants ready to make claims. He said if every one of the 1,500 people who had taken part in a French reality TV show lasting an average 25 days claimed their €1,400 a day it would land the production companies with a €52.5m bill.
"It's a great victory. Now the contestants have to have a proper work contract and be given salaries and overtime and all the other benefits," he said, suggesting they might also be entitled to demand a maximum 35-hour working week, as enshrined in French labour law.
"I have no moral objection to reality TV and it has never been my intention to destroy it, but participants have to be treated fairly," he said.