The Stage

Confidential contracts breach at BBC

Published Wednesday 16 May 2007 at 11:40 by Matthew Hemley

Exclusive: Hundreds of confidential contracts between actors and the BBC may have been breached after it emerged the Corporation has been divulging information about artists’ fees to external parties.

The practice means details of actors’ pay have been shared with independent production companies commissioned by, or looking to make a programme for, the Corporation.

By asking the BBC what it last paid an actor in terms of a so-called 1A fee - otherwise known as an initial engagement fee - the independent production company is able to approach an agent with a suitable offer for the actor’s services.

As well as claming this ensures performers are paid the right amount, production companies say it prevents an agent from bumping up an actor’s fee.

It is understood that by sharing the information, the BBC has been breaking confidentiality agreements with its performers.

Entertainment lawyer Lawrence Harrison told The Stage: “You would not expect your employer to go around telling people what you are being paid. Whether or not there is a specific clause in a contract, there will be an implied obligation of confidentiality.”

Harrison also said the BBC could have breached data protection laws by passing on the information.

A BBC spokeswoman confirmed fees had been disclosed but insisted the problems related to radio productions only and were not connected to television shows.

The decision to stop sharing the information has prompted complaints from independent radio producers, led by representative body the Radio Independents Group, which claims the information is vital for the future of radio drama productions.

A statement from RIG said: “To date it has been standard practice between the BBC and indies to share this all-important information in an effort to ensure actors are paid the correct amount and that neither the BBC nor the independent sector allow prices to rise unduly and out of control.”

A spokesman added: “I do understand the BBC fear they might be doing something wrong. It could have allowed anyone to ring up and find out what someone was being paid. But if you are planning a four-part play, it is important, even in the early stages, that you have some understanding of what someone else has paid for talent.”

RIG is now lobbying agents in the hope they will authorise the BBC to keep on sharing the fee information with independent companies. So far it has contacted 85 agents, including IMD and Curtis Brown.

A BBC spokeswoman said: “We are aware of the issue and are in discussions with RIG to resolve it without breaching the BBC’s confidential agreements with actors.”

Equity declined to comment.