Advising on comedy, and why emotional intelligence is the secret sauce
New year, new projects crossing our desks at Reviewed & Cleared! Every year we advise on a large amount of comedy, from scripted drama and sketch shows to live records.
As fun as it sounds, comedy can be one of the most legally sensitive forms of broadcasting. It relies on exaggeration, taboo and surprise, often mixed with a dash of offence for good measure - all elements that can trigger the defamation and Ofcom alarm for the production company and broadcaster.
Any pre-publication lawyer worth their salt knows that advising on comedy isn't a lighter version of legal review, but a faster, more psychologically demanding one. Nowhere is that more true than in the context of live and as-live shows, where scripts are fluid, improvisations happen, and decisions must be made in seconds or minutes as opposed to hours or days.
In that environment, understanding the human psyche is not merely an add-on to legal knowledge. It is what allows a lawyer to make sound decisions at speed. Legal risks don’t arise from statements of fact, but from implication. A joke might not accuse anyone directly, but it could strongly suggest incompetence, immorality, criminality, or hypocrisy. It may reinforce stereotypes, target vulnerable individuals, or invite an audience to draw damaging conclusions. The legal risk often depends not on what is said but on understanding how it may be received.
A lawyer who understands how audiences interpret humour - how irony works, how exaggeration is read, how different groups will perceive a line - can spot and manage risk in a flash. In fast-moving production environments, there is no time for long emails or legalistic analysis. The lawyer must be able to read a joke and immediately sense its likely impact. This is a very human skill.
Speed without insight, though, leads to over-caution. Most of the relevant legal and regulatory standards - defamation, privacy, and Ofcom harm and offence - turn on effect, not intent. It doesn't matter that the presenter “meant no harm” with their gag if serious harm results. That means our job is predictive: to anticipate how content will land.
In a world of live broadcasting, fast editorial decisions and instant public reaction, understanding the human psyche is the essential soft skill. But so is enjoying the win. I have said to clients many times, I get zero thrill in saying ’no' - the thrill is finding a way for you to get a laugh without getting sued.
News & Views Category: Film & TV
