So, what keeps reality TV so real? A waiver.  It guards against lawsuits from physical alterations, daring stunts and negative (truthful) portrayals of a show’s characters. But, like everything in the media, once information or an image is released trying to control it is impossible. Media outlets can control the tone and tenor of the coverage, though, and that is why the mother of one reality TV star is taking action.

If you haven’t heard of TLC’s Toddlers & Tiaras, it’s a behind-the-scenes view into the world of mini-pageant queens. The drama is nearly comparable to that of MTV’s Jersey Shore – on a PG level, of course. Since the show aired, it has drawn controversy. And, while some tactics are certainly questionable, the show has a large following. What could be more adorable than a 5-year-old dressing up like a doll? Possibly nothing … until several media outlets hosted some video footage and leveled criticism at girl and her mother.

The incident in question doesn’t actually involve the show, rather a charity event that Isabella Barrett, one of the mini pageant stars, attended. A video that surfaced features Isabella dancing in her seat while singing the lyrics to “I’m Sexy and I Know It” at a New York nightclub. All kinds of questions come to mind – and several online media outlets raised most of them

But, one they didn’t ask is: How far can the law go to protect these starlets? Susanna Barrett, the mother of Isabella, has taken that question to court, ostensibly to defend her daughter’s image.

Barrett has filed a lawsuit against Warner Bros. Entertainment, Associated Newspapers Limited, and AOL, Inc., (owners of the various media sites) citing damages to the tune of $30 million. The defendants have 20 days to respond to the complaint before they will be ordered to appear in court. The suit states that because of their headlines, Isabella is now perceived in a sexual manner and essentially a target for sex offenders.

Is this protected speech under the First Amendment? Has the media gone too far, or are they just pointing out the obvious? What liability do media outlets have when they report on the perception of a reality TV star? Regardless of the direction a piece may have, facts are facts. They do have video, and the lyrics of the song are clear.

Several publications stated that it was her mother who stood with her, encouraging as she sang. It was purportedly a hired deejay, instead, but the outlets labeled her as a parent that allowed her child to act in such a way. A behavior that isn’t very different to a pageant, but taken out of context, could be seen as something very damaging. Is it the court’s responsibility to separate someone from what they do and protect who they are?

We think so. To negatively characterize a child who dreams of winning crowns and bash a parent for supporting those dreams is harsh.  Parents are no different on the sidelines of a sporting event. A waiver cannot protect people from life outside of a show – that has to be the law’s job.