The Hardest Letter in True Crime: Getting Family Notification Right
It's a moment that can make true-crime producers nervous: fulfilling the Ofcom obligation to notify the family of a deceased victim that their loved one will feature in a programme.
But this task doesn’t need to be seen as 'lighting the touch paper'. Notification isn’t a consultation about whether the programme should air: it’s about kindly informing families that it will. A clear understanding of why notification exists enables producers to approach families with clarity as well as compassion.
A family should be informed before the programme is announced to the press but at a stage where the content is editorially settled and legally and Ofcom-defensible. Public interest considerations, tone, depictions of violence, reconstructions and language should all be nailed down.
A notification letter should be clear and honest about the nature of the programme, and it may be appropriate to flag elements that are more likely to have an adverse impact on a grieving family. It's always fact-specific, but the letter may need to explain that a programme includes evidence shown at trial, a discussion of injuries, reconstructions, or previously unseen material. This is not about overloading families with detail, but about giving them enough information to make a decision about whether to watch or avoid the programme.
One common question is whether notification is still necessary when a crime is already well known and widely covered. The short answer is: yes. Prior publication does not remove the obligation to notify. That said, in these cases, producers may receive little or no response - this in itself does not mean the notification was unnecessary or mishandled.
Another query regularly fielded by Reviewed and Cleared's dedicated experts is how far producers are expected to go to trace the family. Ofcom requires relatives to be notified where it is “reasonably practicable”. In practice, this means using reasonable endeavours, not an exhaustive or open-ended search. What’s “reasonable” could include checking public records or contacting known representatives such as solicitors or family spokespeople. Producers sare not expected to conduct intrusive investigations that risk distress, track down estranged relatives with no clear connection, or repeatedly contact people once it’s clear the enquiry is unwelcome. Broadcasters expect a clear and responsible paper trail of attempted contact.
However carefully it's handled, contacting a family member about a loved one’s death can trigger anger and distress. When that happens, it's important to stay anchored in the purpose of the contact. Notification is not about seeking permission to broadcast or obtaining editorial approval. Where a complaint seeks to assert a degree of editorial control, it is entirely appropriate for production to reiterate the purpose of the notification and to clearly and respectfully manage expectations around broadcast.
Notification doesn't usually entitle families to a pre-transmission viewing, nor does it grant them a veto. Provided the programme is legally compliant (thank you, R&C), families will have no legal basis to prevent broadcast. If a family strongly objects or raises serious concerns, it's sensible to inform the broadcaster. This promotes transparency and allows any additional editorial, legal or reputational issues to be properly considered.
Handled sensitively, notification protects the programme-maker as much as it supports the family - it can be seen as a safeguard, not a threat to broadcast.
If you need support on a true crime programme, arrange a chat with one of the team at lawyers@reviewedandcleared.com or clare@reviewedandcleared.com
News & Views Category: Film & TV
