6D Drama : Fictional Drama
- Fictional drama with invented characters and storylines may still contain references to individuals, organisations or things that exist in the real world, e.g. for authenticity. Where this is the case, as in factual programmes, care must be taken to ensure that material is not defamatory, causes unfairness or constitutes an unwarranted infringement of the privacy of identifiable individuals or organisations. If in any doubt, programme-makers and commissioning staff should seek advice from the programme lawyer at an early stage.
- In fictional drama, there may be a risk that some elements are mistakenly understood by viewers to be real. To minimise this risk, invented names of characters or organisations should be checked at an early stage to ensure they don't closely correspond with names in the real world, which could lead to problems. This process is commonly referred to as ‘negative checking'. A ‘neg-checking' report should be prepared on the script at an early stage, long before the script is finalised.
- Even where the ‘neg-checking' process confirms that a name is safe to use, there may still be a significant risk of viewers identifying mistakenly a fictional character or organisation with a real-life one, based on other details that are given. Where this is the case, especially where there is a risk of accidental defamation, advice must be sought from the programme lawyer at an early stage, before the script has been finalised or plans to shoot have been made.