This recent decision from Ontario's highest court shows that appearance and production releases can achieve the producers' desired result. Ribeiro appeared in a well known CBC reality show known as Dragons' Den, where guests make pitches to the distinguished panel, and seek investment in their businesses. But the Dragons can often be very harsh in their responses to proposals they perceive as weak. Of course CBC has each participant sign a very broad release to eliminate any claims. But in this case the plaintiff claimed that despite the release, the broadcast had been edited in such a fashion as to completely misrepresent the merits of the business plan, and that CBC's conduct amounted to "gross and reckless negligence, intentional misconduct, malice and bad faith".
The plaintiffs were particularly concerned with the program's voice over that introduced the segment as follows:
"The Dragons never pull punches when they spot a money-losing venture. Unfortunately, these next few ideas hit the mat immediately".
The broadcast also described the business proposal as a "complete flop".
The Court of Appeal agreed with the lower court that the release signed was broad enough to protect CBC from any claims, and part of the release wording included the following:
"I further understand that my appearance, depiction and/or portrayal in the Program may be disparaging, defamatory, embarrassing or of an otherwise unfavourable nature which may expose me to public ridicule, humiliation or condemnation."
That's strong language, but the plaintiff argued that CBC nonetheless was obliged to edit the Program in good faith.
But the Court of Appeal said that Canadian courts do not recognize a duty of good faith which alters express terms of a contract, and stated:
"The release gives CBC sole discretion to edit the recording as it saw fit and to portray a factual, fictional or defamatory image of the appellants. Under these circumstances, there could be no contractual duty to edit the broadcast in a favourable manner as alleged. ...it falls squarely within the terms of the release."
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