BEST PRACTICES FOR SCENES INVOLVING NUDITY, INTIMACY…

Dear ACTRA Toronto members and industry partners,

On behalf of ACTRA Toronto Council and the courageous performers who have come forward to share their experiences, we are pleased to present Best Practices for Scenes Involving Nudity, Intimacy, Simulated Sex and Sexual
Violence.

In the fall of 2017, amidst the watershed of the #MeToo movement, ACTRA Toronto Council took immediate action within our union and in collaboration with the broader Canadian creative industry. We committed to preventing and addressing harassment, discrimination, bullying and violence. We committed to moving forward with conviction, passion and urgency. We committed to doing better.

With the leadership of then President Theresa Tova and the help of Victoria Shen, the ACTRA Toronto Special Advisor on Human Rights and Sexual Harassment, we held “safe space” meetings with members and then worked with the Council, our Ad Hoc Committee on Sexual Harassment and industry partners on a plan of action. The following are highlights of steps we have taken together.

• Worked with industry partners to develop the Canadian Creative Industries Code of Conduct to Prevent and Respond to Harassment, Discrimination, Bullying and Violence
• Reviewed and updated ACTRA policies, procedures and by-laws to better define and address harassment complaint and discipline processes
• Updated resources on harassment prevention including improvements to the afterhours helpline, updated our website with reporting information, and produced a wallet-sized reference card
• Provided anti-harassment and mental health training to ACTRA Toronto staff, leadership and On-Set Liaison Officers. Together with community partners, we identified resources for crisis intervention, counselling, and independent legal advice.
• Updated Respect on Set course materials. Attending Respect on Set training is now a requirement of membership in ACTRA Toronto.
• Included panels and workshops at ACTRA Toronto conferences with professional speakers on sexual harassment, crisis, mental health and counselling support
• Met with industry funding bodies about requiring applicants to have harassment prevention policies and procedures in place
• Negotiated improvements in film, television, digital media and videogame agreements in the areas of harassment prevention and reporting, auditions, nudity and intimacy, gender-inclusive language,and a joint bulletin on consent-based interactions
• Met regularly with unions and guilds, industry health and safety committees and working groups to share strategies and resources
• Worked with talent agents to update the Entertainment Industry Coalition’s Code of Ethical Conduct
• Provided training and support to labour and industry partners to develop anti-harassment resources
• Introduced ACTRA Toronto Council to the role of certified Intimacy Coordinators. We welcome the addition of certified Intimacy Coordinators to productions as a key element to ensure consent based interactions and a respectful work environment for cast and crew.
• Launched HAVEN (Harassment and Violence Emergency Network) Helpline, a national, bilingual 24/7 incident report line with integrated access to confidential and immediate counselling for members of ACTRA and the Directors Guild of Canada

The release of Best Practices is the latest step in the plan to protect members from harassment. It is a living document. We welcome suggestions and recommendations. We look forward to our continuing work with performers and industry partners: listening, learning and taking steps together to ensure interactions are respectful and consent-based. Practise Safe Sets.

In solidarity,

David Gale
President, ACTRA Toronto

ACTRA Toronto is committed to preventing and addressing workplace harassment. The film and television industry presents situations that are unique. Performers are especially vulnerable when they are engaged in scenes involving nudity, intimacy, simulated sex and sexual violence. Developed through consultations with our members and industry partners, we believe these “best practices” will improve protections for performers, highlight problem practices, and foster a culture of consent. Through efforts like this and the Canadian Creative Industries Code of Conduct, we are working to ensure that workplaces are safe and respectful.

Building a respectful workplace is everyone’s responsibility. This guide includes steps producers can take from pre- to post-production. It includes steps agents, casting directors, Intimacy Coordinators and production crew can take. And it includes checklists and questions for performers to consider from auditions through to the editing of scenes that involve nudity, intimacy, simulated sex and sexual violence.

We are grateful to all those who shared their experiences and advice in developing these best practices. This is a living document, as we continue to listen and learn. Together, we are changing the culture, helping to make sure our sets and workplaces today and in the future are safe and respectful.

(NOTE: This document is not a summary or replacement for ACTRA’s agreements. Productions should refer to the applicable agreement to ensure they are compliant with its requirements.)

Meet with an ACTRA Business Representative. The Business Rep is the liaison between ACTRA and the production. They can anticipate issues, provide guidance and industry knowledge on contracting, timelines and required paperwork.

Engage a certified Intimacy Coordinator (IC). They will have an outline of their services and protocols. They will be involved in all aspects of scenes requiring nudity, intimacy, simulated sex and sexual violence. Contact ACTRA for a list of certified ICs.

Engage an ACTRA Stunt Coordinator. ACTRA maintains a registry for qualified Stunt Coordinators and Stunt Performers. The Stunt Coordinator upholds the highest levels of safety consistent with international industry standards, is familiar with the requirements of ACTRA’s agreements, and adheres to the Stunt Coordinator’s Code of Conduct.

What does an Intimacy Coordinator do?

• Implements proper protocols for scenes containing intimacy, simulated sex, nudity or high emotional content
• Liaises between production and performers
• Coaches movement for scenes with intimacy, simulated sex, and/or nudity
• Advocates for performers

An Intimacy Coordinator should have training and expertise in:

• Sexual health safety
• Consent
• Mental health first aid
• Closed Set Protocols
• Movement and choreography
• Modesty garments, barriers and other tools
• Riders and contracts
• Union agreements and guidelines
• Harassment laws and resources

ACTRA keeps a list of certified Intimacy Coordinators.

There should be as much information as possible in the audition notice and breakdown so performers can make an informed decision about auditioning. Be explicit about what is required. In some instances, what is expected for a first audition will be different from the callback audition.

No auditions should take place in private residences or hotel rooms. No nude photos. No sex acts. No recording (including streaming) of such auditions without prior written consent of the performer on a form approved by ACTRA. Auditions are restricted to persons with a direct and professional need to be present. Performers may have an ACTRA representative, support person or Intimacy Coordinator present.

If the audition requires performers to appear in a state of undress or revealing clothing, the facility must have change rooms and privacy barriers. Audition facilities should also be accessible, gender- inclusive, have clean washrooms, seating and water.

Performers should be advised in advance if they will be auditioning with another performer. Performers need time to discuss the scene and negotiate what will happen, especially when it involves intimacy, simulated sex and sexual violence. Performers cannot consent to unchoreographed actions. Physical contact with another performer should be minimized whenever possible. Consider what action is necessary and stopping just before contact. (e.g. The performers lean in for a kiss but stop before their lips touch.) Intimate contact with multiple performers in an audition is never necessary.

As much information as possible should be included in the contract and rider. Performers cannot consent if they have insufficient or incomplete information. Performers should never be surprised on the day of the shoot.

Contracts and riders must be submitted to performers at least 48 hours in advance. Be aware that agents will need time in advance of the 48-hour deadline to review the documents and negotiate changes. Productions will also need time to implement the terms of the contract and rider in advance of the performer arriving on set.

Once a performer is booked, there are restrictions on changes and cancellations. Changes require 48-hours written advance notice. Performers may refuse changes without liability or forfeiting their fee.

The requirements for contracts, riders and 48-hours written notice apply to all performers. This includes stand-ins, stunt and background performers. These performers may be booked without agents, auditions, or scripts and have limited information about the engagement. Performers must be provided with sufficient and timely information in order to consent and prepare. On the day of the shoot, the performer, Intimacy Coordinator and ACTRA representative (if present) should be provided with copies of the contract and rider. A copy of the performer’s contract and rider should be provided in the dressing room at the top of the day.

Scene requirements (e.g. performer action, choreography, blocking, shot list and camera angles) need to be addressed before final decisions can be made about wardrobe, modesty garments, barriers, and makeup. If an Intimacy Coordinator has been engaged, they should be present at all rehearsals and involved in decisions.

The Stunt Coordinator and Stunt Double should be included in discussions on wardrobe. Wardrobe impacts the safety of stunt performers as it affects how stunts are performed and what protective measures are put in place. Women stunt performers routinely carry out athletic feats in miniskirts and high heels. Stunt performers often supply their own protective gear and equipment, so advance notice allows them to prepare for the engagement.

Performers should be notified in advance when they are working in a scene with another performer who will be nude or partially undressed. Physical contact needs to be discussed and consensual. Whenever possible, barriers and padding should be used.

Rehearsals should be closed and restricted to persons who have a direct and professional need to  be present. Like auditions, no rehearsals in hotel rooms or private residences. No unauthorized use of recording devices.

Wardrobe fittings should be in a private and secure location. Fittings should be closed and restricted to persons who have a direct and professional need to be present.

Wardrobe photos with nudity require prior written consent of the performer. Photos should be kept in a private and secure location. Unused photos should be securely destroyed.

On days when production is shooting scenes with nudity, intimacy, simulated sex and sexual violence, the call sheet should clearly indicate it is a closed set. No visitors are allowed.

There should be a meeting to clarify the requirements and expectations which includes the cast and crew, background performers, Intimacy Coordinator, and ACTRA representative (if present). The meeting should review the closed set protocols, identify who will be on set and who will have access to the video monitors.

A review or walk-through of the set should be conducted to ensure that it is private and secure. Shoots on location or in open spaces should be reviewed for sightlines. The path from the performer’s dressing room to set should be reviewed for privacy.

Only the essential monitor(s) are on and tented for privacy. Only essential persons may access the monitor. Non-essential monitors and recording devices are turned off.

Wiring performers for sound, especially when it involves nudity, modesty garments or intimate areas, should be done in a private and secure area. Performers should have the option of being wired in their dressing room, accompanied by the Intimacy Coordinator or ACTRA representative.

Before performers disrobe, production should confirm the set is closed and all non-essential persons have been removed.

Each performer (who is appearing in the nude, wearing modesty garments, revealing attire, etc.) should be assigned a wardrobe person who is standing nearby with a robe. When there are many performers, for example, in a scene involving many background performers, arrangements should be made to ensure their robes are nearby and readily available. When performers are working in adverse weather conditions, additional measures may be required, such as warm parkas, towels, blankets, boots and breaks.

Once the shot is complete (i.e. “cut” is called), the wardrobe person enters to assist the performers with their robes. No one else should enter while the performers are undressed or putting on their robes. Cameras should be directed away from the performers. Only when the performers are covered is the set open. An Intimacy Coordinator or AD will announce when the set is “open.”

Performers may not be able to move between takes, for example, because they are playing a corpse, tied up, gagged or otherwise restrained. The wardrobe person should check between takes to ensure the performers are comfortable and covered. Performers should reveal only what they have contracted to reveal. Performers should never be coerced into additional nudity. Verbal assurances, for example, “it’s necessary to get a shot”, “it won’t appear in the frame,” “those shots won’t be used,” or “it’ll be edited in post,” are not acceptable.

Performers should never be subjected to lewd comments or inappropriate conduct. Use proper terms for body parts, actions and wardrobe.
Scenes with nudity, intimacy, simulated sex and sexual violence, especially when they involve stunts, are difficult content for performers and should be done efficiently and professionally. Excessive takes, needlessly prolonged shots and demand for unscripted actions may be indicators of an improper purpose. Intimacy Coordinators, Stunt Coordinators and crew members are encouraged to intervene, especially when performers appear distressed or are unable to advocate on their own behalf.

Content involving nudity, intimacy, simulated sex and sexual violence should be marked for “restricted access” and its distribution limited to designated persons who have a direct and professional need for access.

Post-production of this content (e.g. editing, ADR, colour correction, sound mixing, foley, music, etc.) should be conducted in a closed and secure environment, with access restricted to designated persons. Unused content must be destroyed.

Productions shall consider the best interest, protection and well-being of child performers. To that end, productions must comply with collective agreements and laws, such as the Protecting Child Performers Act, and meet their obligations to parents, guardians and chaperones. Minors and young adults require additional care and guidance. When shooting content that may cause emotional or mental stress, productions should hire a properly accredited psychologist or therapist to provide support. The psychologist or therapist should be available throughout the production process, including on shoot days. Minors are prohibited from performing stunts.

The Best Practices on Scenes involving Nudity, Intimacy, Simulated Sex and Sexual Violence would not have been possible without the generous support and input from the following organizations:

ACTRA Toronto Council

ACTRA Toronto Ad Hoc Committee on Sexual Harassment ACTRA National

UBCP/ACTRA

Talent Agents and Managers Association of Canada (TAMAC) Casting Directors Society of Canada (CDC)

Intimacy Coordinators Canada Intimacy Professionals Association

Directors Guild of Canada – Ontario District Council NABET 700-M UNIFOR

I.A.T.S.E. Local 873

I.A.T.S.E. Local 667

I.A.T.S.E. Local 411 Thank you for your trust and candour. Your experiences, ideas and expertise were invaluable in the development of these Best Practices. We are grateful to count on you as allies. We look forward to continuing the dialogue and opportunities to learn from one another.

Canadian Creative Industries Code of Conduct to Prevent and Respond to Harassment, Discrimination, Bullying and Violence

The Canadian Creative Industries Code of Conduct confirms our commitment to safe and respectful workplaces and to an industry free of harassment including sexual harassment, discrimination, bullying and violence.

Harassment can take many forms including unwanted sexual attention, inappropriate jokes or texts, threats, and other unwelcome verbal, written, visual or physical communication or conduct.

Everyone has a responsibility to build safe and respectful workplaces.

Harassment, discrimination, bullying and violence can affect individuals at every level of the industry. Promoting increased gender equality and diversity is one way to break down barriers and reduce or eliminate these behaviours.

The principles espoused in this Code are applicable to all work and work-related environments. These can include but are not limited to, auditions or casting meetings, job interviews, industry events, festivals, awards, company functions, production studios and sets (whether local or remote), offices and rehearsal and performance venues.

Signatories to this Code will lead by example by upholding the highest standards of respect, encouraging the good-faith reporting of complaints concerning harassment, discrimination, bullying and violence and cooperating in the investigation of such complaints.

In adhering to this Code of Conduct, Signatory organizations agree to take the following steps as applicable to identify and address harassment including sexual harassment, discrimination, bullying and violence:

• Enact policies and procedures that maintain zero tolerance for harassment, discrimination, bullying and violence;
• Designate people in the workplace to receive complaints of harassment, discrimination, bullying and violence;
• Provide a timely process for the investigation and resolution of complaints;
• Implement proportional consequences for violations; and
• Protect from retaliation or reprisal those individuals who in good faith allege violations of anti- harassment, discrimination and violence policies and

In implementing the above, Signatories will take the following steps, as applicable:

• Ensure everyone in the workplace is aware of anti-harassment, discrimination and violence policies and procedures;
• Encourage people to set and respect personal boundaries and engage in consent-based interactions;
• When work requires physical contact or scenes of nudity, intimacy or violence, adhere to applicable respectful workplace policies and collective agreement obligations;
• Provide safe places where work may be performed for example, by not requiring individuals to attend meetings alone or in spaces such as private hotel rooms, etc.; and
• Encourage instructors, teachers, coaches and those providing training in the industry to adhere to this Code and share its principles with their students.

Signatories to this Code of Conduct agree to take all applicable steps to quickly address substantiated complaints of workplace harassment including sexual harassment, discrimination and violence. Such steps may include the following:

• Requiring remedial action such as counselling and/or training;
• Disciplinary action (as per collective agreements and individual organization, union, guild and workplace policies) including restrictions, suspension or termination of employment and/or membership; or
• Legal action as per applicable laws including human rights

The Code of Conduct is a set of voluntary commitments developed by a coalition of Canadian creative industry stakeholders. Each organizational signatory is solely responsible for upholding its commitments under the Code and its obligations under the law.

INDEPENDENT PRODUCTION AGREEMENT

Provisions below are excerpted from the Independent Production Agreement between ACTRA, the CMPA and the AQPM covering Performers in Independent Production, January 1, 2019 to December 31, 2021.

A506 Production Information The Producer shall submit to the nearest local ACTRA office not later than forty-eight (48) hours, whenever possible, and in any event not less than twenty- four (24) hours prior to the first scheduled working day, the following information, when known:

8. names of all Minors engaged, with their dates of birth and the names of the Parent(s) of each Minor
9. names of Performers engaged to appear nude, as described in Article A24
10. whether a psychologist is required pursuant to Article A2709

A24 – NUDE SCENES

 Where the requirements of a Role involve nudity, the following conditions apply:

A2401 Auditions

1. Performers shall be advised in advance of Auditions if nudity or simulated sexual activity or love scenes of any kind are a requirement of the script.
2. No Performer shall be required to appear nude or semi-nude until after having been Auditioned as a Performer (i.e., as an Actor, Singer, Dancer, etc.) and in any case shall not be required to disrobe in whole or in part at the first Audition.
3. In the event that nude or semi-nude Auditions are to be held, the Producer must advise ACTRA in advance.
4. When a callback Audition requires nudity or semi-nudity, the Performer shall be notified of this requirement in advance.
5. The nude or semi-nude Audition will be for the sole purpose of viewing the Performer’s body. Performers shall not be required to perform in the nude or semi-nude at the Audition.
6. Such Auditions will be closed and will be limited to a maximum of five (5) persons who, it must be demonstrated, have a direct professional or artistic relationship to the Production and to the particular Audition. No other persons will be permitted to observe the Auditions through the use of monitors or by any other device that allows observation without being present. A representative of ACTRA may be present in addition to the five (5) Producer’s representatives.
7. No photos, filming, taping, or preservation of such Audition by any means whatsoever will be permitted without the prior written consent of the Performer, which written consent must be provided on a form approved by ACTRA.
8. No sex acts shall be required of any Performer at any Audition.
9. Performers will be required to Audition nude or semi-nude on one (1) occasion only.

A2402 Contracts

1. A full, true and complete disclosure of the specific requirements regarding nude, seminude, or love  scenes of any kind, in the form of a detailed description, shall form an attachment to the Performer’s written contract. Such attachment must include:
   1. the maximum amount of nudity required;
   2. the nature of attire (e.g., see-through clothing, etc.)
   3. the nature of the simulated sexual activity, or other activities to be performed while the Performer is nude or semi-nude; and
   4. any other relevant information pertaining to the scene that may reasonably be expected to give a full, true and complete disclosure of the nudity required.

The attachment may also include the following:

1. the storyboard or shot list detailing how the scene(s) will be shot;
2. the location where the scene(s) will be shot;
3. any other Performers also appearing in the scene, and whether such Performers will also be nude or semi-nude;

and

1. the script of the relevant scene(s).

Such contract and attachment must be submitted to the Performer in writing at least forty-eight (48) hours prior to the signing of the Performer’s contract. The Performer shall execute and return a copy of the contract and attachment to the Producer by the earlier of within forty-eight (48) hours of receipt or commencement of rendering services. In exceptional circumstances, when a Producer is required to replace a Performer who has been previously contracted for a nude scene on short notice (i.e., within forty-eight [48] hours of said Performer’s first contracted day), then the forty-eight (48) hour provision may be waived, but all other conditions of Article A24 apply.

2. Performers may refuse to do anything not specified in the Performer’s contract, without liability or forfeiture of any portion of the Contracted Fee.
3. All Performers’ contracts must contain as a rider to such contracts all provisions of this Article.
4. The minimum fee for a Background Performer appearing nude in a scene shall be not less than that specified herein for an Actor, but such performance shall not attract Use or residual fees. The minimum fee for an Actor appearing nude in a scene shall not be less than that of a Principal Actor; however, only those fees earned as a function of the Actor category shall attract residual payments or Use fees.

A2403 Rehearsal and Performance

1. With the exception of the final Rehearsal for camera and lighting, there will be no rehearsing in the nude or semi-nude.
2. During the final Rehearsal and during the shooting of nude or semi-nude scenes, the set will be closed to all persons (and observation by means of a monitor prohibited) except for those having a direct and proven professional need to be present. Unauthorized use of cell phones, mobile devices and personal cameras will be prohibited on a closed set.
3. Except for continuity purposes, still photos, Polaroids, etc. of nude or semi-nude scenes will be taken only if the Performer gives prior written consent, said consent to specify the nature of the photo and the planned use of said photo. Unused stills, Polaroids, and negatives of such scenes will either be turned over to the Performer concerned or otherwise accounted for to the Performer’s satisfaction.
4. Clips or stills of nude or semi-nude scenes shall not be used in promotion, publicity, and trailers, including in New Media, or, in the case of television, in recaps of previous Episodes, without the written consent of the Performer.
5. Using a body double of a Performer who did not originally perform in the nude in the Production to create a nude or semi-nude scene in a Production shall not be done without the written consent of the Performer originally contracted for the A complete description of the scene to be doubled will be submitted to the originally contracted Performer at the time consent to the use of a double is sought. Use of a body double of a Performer is permitted where a Performer was contracted and performed in a nude or semi-nude scene in the Production and has given general consent, provided that the use of such double is limited to the general outline of the original nude scene. The Performer shall be given a right to disapprove fifty percent (50%) of the proposed body doubles presented by the Producer to the Performer.
6. With the consent of fellow Performers, and with the consent of the director, the Performer may have the Performer’s personal representative on the set.
7. Where necessary to verify contractual obligations, Performers may request to view the footage at the “fine-cut” stage of a scene in which they appear nude, semi-nude, or in scenes of a sexual nature. Permission to view such footage shall not be unreasonably withheld.

A2709 Dangerous Work

1. No Minor shall be required to work in a situation that places the Minor in clear and present danger to life or limb, or if the Minor or Parent believes the Minor is in such a situation. Where a Minor is engaged to perform subject matter that the Producer knows, or ought reasonably to know, could be psychologically damaging to the Minor, a psychologist or therapist properly accredited by the applicable provincial ministry shall be hired by the Producer to guide and assist the Minor to handle the emotional and mental stress of such subject matter. The Producer shall be required to carry out the psychologist’s or therapist’s recommendations, which may include such psychologist or therapist being present on set.
2. Scenes Depicting Child Abuse, Disturbing Violence or Carnal ActsWithout limiting the generality of subparagraph (a), when a Minor is engaged to perform in a scene that depicts child abuse, disturbing violence, or carnal acts, the Producer shall consult with the Parent and, should the Parent agree, make available to the Minor and their Parent a psychologist or therapist properly accredited by the applicable provincial ministry to assist the Minor in preparing for and participating in any such depiction. A Minor shall not be present during such scenes unless it is essential for the Child to be on camera.
3. In cases where the Parent or tutor observes that a Minor is or appears to be suffering emotional, physical, or mental stress during the course of production (which may be evidenced by changes in behaviour), a psychologist or therapist properly accredited by the applicable provincial ministry shall be, subject to the Parent’s consent, engaged by the Producer to assess the situation and suggest reasonable and effective means to deal with the stress-causing factors.

JOINT BULLETIN ON CONSENT-BASED INTERACTIONS

During the 2018 negotiations, ACTRA approached the Canadian Media Producers Association (CMPA ) and the Association Québécoise de la Production Médiatique (AQPM) regarding harassment prevention and measures to maintain respectful workplaces. The Parties agreed to issue this bulletin to confirm their continued commitment to addressing these issues.

 ACTRA, the CMPA and AQPM affirm their commitment to maintaining workplaces that are free from harassment, including sexual harassment.

To this end, everyone is expected to conduct themselves in a professional and respectful manner. Consent helps to foster a professional and respectful work environment when work requires bodily contact, which may include, but is not limited to: styling hair, applying makeup, placing a microphone on a Performer’s body, fitting for wardrobe, working in a harness, blocking and lighting.

Producers will ensure there is a workplace harassment policy in place and a procedure for reporting harassment, and that all cast and crew are aware of the policy and procedure.

Performers who believe that they have been subjected to workplace harassment, including sexual harassment are to report complaints in accordance with the applicable Producer policy. Performers may consult with ACTRA throughout the complaint process.

ACTRA and the CMPA are proud signatories to the Canadian Creative Industries Code of Conduct. ACTRA and AQPM are proud signatories to the Code of Conduct Against Harassment and Violence in the Cultural Environment in Quebec.