11-03-2023, 05:02 PM
(11-03-2023, 04:41 PM)Adsales Wrote:Wrong, I'm afraid in every respect(11-03-2023, 02:36 PM)Stockland Hillman Wrote: Do most media organisations have social media rules for ALL public facing performers and workers? Yes
Do the rules cover just the specialist area they work in? No
Do the rules usually cover matters of offence? Yes
Did Gary Lineker know the expectation was he would follow the BBC rules. Yes
Did he? No
So the BBC then took him off air until agreement could be reached on the rules. Is this the toughest action is could take? No, termination of contract would have been
Can you reasonably allow a live broadcaster on air where they've expressed doubt as to the rules of the organisation apply to them?
That is all incorrect I’m afraid. A freelancer, i.e. a person who provides services to a broadcaster, be that as a sole trader or via a limited company, can only ever be under the control of the client whilst providing those services. In this case while on air or providing other services for which he is being paid.
Anything else by default pushes the freelancer into IR-35, which the BBC in Lineker’s case has argued he isn’t.
You cannot have your cake and eat it.
Companies and suppliers usually have contracts which cover all issues of conduct where the conduct may affect the position or reputation of the contracting party.
It's a basic tenet of business, used widely where outsourcing or franchising takes place to protect the master organisations reputation. They also cover post engagement behavior
In law it's actually easier to control a contractor than a staffer
Lineker could easily be required to conduct reputational issues in a similar way to staff but not BE staff.
When shows are commissioned from independents, the rules of the broadcaster are passed down through the contract.