Marc Ribeiro v. Dragons' Den.

• Author: Bowal, Peter

Introduction

The modern phenomenon of reality television can be a tough business. What makes it interesting for viewers is what appears to be the spontaneous drama, the unpredictable turns and utterances and the raw, unscripted human confrontation. Television broadcasts the glorious performances of some and, equally, causes the embarrassments of others to be instantly publicized to the whole world. What serves up edge-of-the-seat interest, laughs and entertainment often come at the expense of someone in front of the cameras.

Recently we learned that Dr. Phil is being sued by the parents of a 15-year-old guest who appeared on his daytime talk show, accusing the show of "fraud, false imprisonment and breach of fiduciary duty." Another guest on the show criticized a mother for failing her daughter "by a country mile" and accusing the daughter of "total naivete." This might seem mild for reality TV, even if the teen was later sent to a treatment centre where she suffered more abuse.

The pull for people to voluntarily appear on reality television shows is often the goal of free publicity, fame and fortune. Before they get in front of the cameras, the broadcasters have them sign sweeping consents and releases of liability to negate any chance of the networks being sued for hurt feelings and more. Individuals who have suffered embarrassment as a result of their experience on reality television have attempted to sue those television networks. This article describes a recent pitch on the CBC television show, Dragons' Den and the ensuing lawsuit, both of which did not go as planned.

Dragons' Den Appearance

In 2011 Marc Ribeiro appeared on an episode of Dragons' Den. Ribeiro, a lawyer, signed a Consent and Release as a condition to getting on the show. In it he agreed not to sue the CBC. It further gave the network the right to edit the footage in any way, even to portray his appearance as "disparaging, defamatory, embarrassing or of an otherwise unfavourable nature which may expose me to public ridicule, humiliation or condemnation." He also consented to CBC editing the segment at its "sole discretion."

Ribeiro sought financing for a family-friendly board game called "Pick 'N' Choose." In the broadcast, the investors were shown making lewd shapes out of play-dough and jokingly suggesting that it would only be worth investing in if it was turned into an "adult game."

Ribeiro was unhappy with the voiceover at the end of his segment on the show that...