Author- Nandini Bhagat
INTRODUCTION
When two consenting adults join together to engage in a project, the casting procedure for adult actors is comparatively simple. It is critical to understand those kid performers are not cast in the same way. As a child actor is a minor and therefore unable to engage in a contract, there are numerous rules and regulations that must be followed when working with children in the entertainment industry.
Children are becoming important players in many facets of the media industry as a result of the growth of the media industries and social media. Children are increasingly developing quickly and seizing employment prospects as a result of global technological advancements. They are equipped with the necessary knowledge, concepts, and vision to contribute to significant initiatives; thus, it is crucial to oversee their labor and guarantee their safety.
AGREEMENT WITH A CHILD ACTOR
To safeguard the rights of young performers, the National Commission for the Protection of Child Rights (NCPCR) develops policies for their safety and well-being while working on the development of comprehensive policies for young performers. The year 2016 saw changes made to the Child Labor (Prohibition and Regulation) Act, 1986 (“Act”), and 2017 saw the introduction of the Child Labour (Prohibition and Regulation) Amendment Rules (“Rules”). In particular, these updated Acts and Rules aim to offer guidelines for young performers appearing in movies, television series, OTT platforms, and reality shows. On June 25, 2022, the NCPCR released the most recent draught of the “Regulatory Guidelines for Child Involvement in the Entertainment Industry” to broaden the scope of its applicability to all media-related forms of entertainment.
A person under the age of 14 cannot be employed. A youngster may assist the family business or enterprise after school or during breaks from school, as long as the work is not hazardous or harmful to their health, according to Section 3 of the modified Act. Additionally, it states that youngsters may work as artists in the film and television sectors, as well as in other types of entertainment besides the circus, including sports and other hobbies.
A child actor can sign a contract with the producer with the help of their parents or guardians by getting their approval. The producer must adhere to the rules and regulations set forth by the law. According to Rule 2C of the 2017 Child Labor (Prohibition and Regulation) Amendment Regulations, a producer must:
- Fill out Form C of the Rules and submit it to the District Magistrate to request authorization. This permission is only effective for six months.
- Include the children participating in the project together with their consent forms from parents or guardians.
- Assure proper adherence to the law and the rules.
- Ensure the young performers have access to adequate educational resources.
- No child shall be required to work for longer than 27 days straight.
- They should put aside at least 20% of their income in fixed deposits.
There are some terms considered essential while drafting an agreement with child actors-
- Scope of work – It becomes crucial to specify the agreement’s work scope. By doing so, any chance of exploitation would be eliminated, and the parameters of the work that is anticipated of the kid actor.
- Terms and conditions – In the entertainment sector, where kids are exposed to stressful and hectic conditions, they are the most vulnerable workers. A crucial component of a child actor’s job is defining the terms and circumstances of their performance.
- Parental Approval – A parent or legal guardian signature is required on every contract with a child actor. Obtaining the guardian’s permission is required, and they are expected to carefully read the contract’s terms to ensure that the child will work in a secure atmosphere.
- Safeguarding child’s rights – The rights of a child must be given top priority by both the producer and the guardian. The producer’s compliance with the established laws and norms must be ensured. The CRY Foundation’s research on child artists in India—an explanatory study conducted in Mumbai, India—states that the contracts are frequently written to suit the producers’ convenience. As a result, this is a significant problem in the entertainment industry because many child performers originate from low-income families and the parents or guardians who sign these contracts don’t properly consider the requirements of the child.
- Working conditions and hours – The guidelines for a child actor’s working hours are very specific, but the producer/director frequently ignores them. In the majority of situations, verbal agreements exist that do not explicitly outline the working conditions of a certain project. Guardians must keep an eye on the kinds of working conditions the young actor is subjected to during the shootings. An agreement that clearly states the special facilities the child actor needs is one way to guarantee a safe working environment.
- Term – The term of the contract between the actor and producer is specified in this provision. It helps both parties take on other initiatives of a similar sort because it offers them a clear sense of how long they will be working on the project.
- Actor’s rights and obligations– The child actor’s obligations and rights are outlined in this section. The Child Work (Prohibition and Regulation) Amendment Rules, 2017 (“Rules”) outline a number of rights for a child actor. The kid actor has a number of responsibilities that must be completed. The child actor must be available for any events where the producer requests their presence, including filming, rehearsals, conversations, and other similar activities. Such accessibility is only permitted during the working hours outlined in the Regulations.
- Representations and warranties- The parties pledge to uphold their rights and responsibilities and offer representations and warranties to that effect. It also covers the repercussions of representation and warranty breaches.
- Termination – Both parties have the right to terminate the contract under certain terms by submitting a 15-day notice. Such termination may also be brought about by a violation of rights or obligations. The agreement may also contain general provisions on force majeure, notices, dispute resolution, applicable laws, and jurisdiction. Exclusiveness, indemnity, cancellation, damages, and secrecy are a few negotiating provisions that may be included in the contract.
- Payment – Payment to a child actor is contingent upon the child actor doing their duties in a timely and professional manner. Such payment may be made in whole at the conclusion of the project or in installments. The agreement must specify the time and date of the payment, and any delay will result in the application of a simple interest rate of 2%.
CONCLUSION
It becomes crucial to protect the child’s rights when working with a child actor. Although laws and regulations exist to ensure their safety, the truth is completely different. While working with young actors, casting directors and producers must exercise caution and abide by the terms of the contract. Therefore it becomes essential to hold strong clauses in an agreement for the smooth functioning of a particular project and to protect the rights of a young actor.
