Ethical issues are part of all fiction writing. But they’re heightened when it comes to true stories. Our Writing the Fact-Based Film 101 series looks at five areas where ethics come into play when writing real life for the screen.
1. Research
Ethical considerations kick in before you even write a single word. Just the process of gathering information can lead writers into all kinds of grey areas.
Interviews
Often, researching fact-based stories involves interviewing relevant sources. First-hand input can be worth its weight in gold but it’s always important to be aware of the inherent biases, agendas and patchy recollections of interviewees. This risks presenting a skewed story unless you seek out alternate accounts or corroboration.
Here are a few best-practice tips when interviewing real-life subjects:
- Be honest about who you are and your intentions.
- Don’t railroad people – if they don’t want to talk, respect their decision.
- Respect anything the subject deems off-limits or off-the-record.
- Always let the interviewee know if you plan to record the session.
Remember that rich story material for you is someone else’s lived experience, which may have been traumatic – so tread lightly.
‘On the ground’ research
Immersing yourself in the world of your story can elevate it to a whole other level. But again, your real-world research is another person’s life. Showing up and observing from the sidelines can come across as disrespectful or voyeuristic.
In reported non-fiction, the best and most authentic story-worlds are often built through the writer developing a genuine relationship with the community they want to capture on the page.
A good example is Nomadland (2020), where journalist Jessica Bruder bought a van and lived a nomadic life alongside the people featured in her reporting (and who later appeared in the film).
However, getting too close to subjects can also become problematic. One famous example is Truman Capote’s acclaimed ‘literary non-fiction’ book, In True Blood (1965). The book drew criticism due to the author’s attitude to the killers, which was characterised by some as too empathetic and by others as too callous.
Book research
Even book-based research can reveal biases. An example is the film Quiz Show (1994), which is based on a non-fiction book authored by someone who clearly aligned himself with one of the main characters.
So, it’s important to look at each source and evaluate its value and deficiencies. Ask where it comes from, who created it, the point-of-view it expresses, and what it leaves out.
In many ways, screenwriters need to act as historians and journalists – gathering information, weighing its value, and building an accurate picture of events using multiple sources.
Not only does that ensure a balanced set of facts, it also helps to keep us on the right side of the ethical line.
Finally, while it may be tempting to use copyrighted material without obtaining permission. However, aside from the ethics, you might run into all kinds of problems down the line when you try to sell your script.
2. Characterisation
Whether they’re living or dead, portraying real people can become a creative, legal, and ethical minefield.
Inauthentic portrayals
A tricky part of dramatizing a true-life story is that – often – there isn’t an obvious (human) antagonist or sufficient obstacles for the protagonist. So it can be tempting to turn an existing character into the ‘villain’ or have them obstruct the protagonist in some way.
But as a recent court case involving The Lost King (2022) shows, changing who a person is simply to fit a dramatic narrative can lead to legal trouble (and, in that instance, a large payout). Another example is Selma (2014), whose portrayal of US President Lyndon B. Johnson became the subject of controversy.
One way to get around this is to create composite and invented characters to present a certain viewpoint, avoiding the need to sully the reputation of a real person. But the cautionary tale to be taken from Baby Reindeer (2024) is that ethical (and legal) problems can still arise if that invention is too lax to avoid the real person being identified.
Inauthentic portrayals can work in an overly positive way too. If you want to dramatize a character you admire or who has helped you in the scriptwriting process, there is a danger of turning them into beacons of virtue instead of rounded characters.
Portrayals should be empathic, not flattering. Flaws and fallibility make protagonists more ‘human’ – and this makes their triumphs all the more satisfying.
3. Tone
Tone is a crucial aspect of any script. While it’s related to genre, tone covers all creative choices related to how a script ‘feels’ to an audience (or reader). This includes the mood you create, the style you adopt, and the perspective you take.
When it comes to fact-based film and TV, the ethical concerns are mainly based on balancing fact and fiction. For example:
Point-of-view: Who’s story is it? That decision will determine who the audience ‘follows’ through the story and where their empathy lies. This is especially true if you employ voiceover. See Badlands (1973) for an example of using voiceover to effectively convey a point-of-view.
Counterpoint: Including opposing perspectives is especially important in social issues drama and biopics. Even if you are passionate about an issue or a person, it’s important to build in some balance to avoid moralising or preaching. Examples of films which drew criticism for their one-sidedness are Snowden (2016) and Vice (2018).
Treatment of sensitive issues: Do you stop at the door or take us inside the room? The decision whether to show or merely suggest sensitive activity is hugely important in setting tone and respecting those who lived through the actual events.
Bias and opinion: This comes into play when evaluating research material but also in our own writing. While finding your ‘voice’ is an important aspect of developing as a creative, you also need to be aware of any subconscious biases that skew our scripts.
4. True crime
Whenever a ‘ripped from the headlines’ murder-themed drama or gruesome serial killer limited series comes out, questions are asked about the ethics of dramatizing true crime. The main concerns here are:
Representing killers and victims
The big ethical question is how to portray real-life ‘monsters’ and their victims. Going into a killer’s head can offer a fascinating character study. But telling the story from their point-of-view risks humanising them and manipulating the audience into empathy.
Dramatizing real-life victims at the moment of their death is also dangerous ethical ground. After all, what right have we got to use someone’s final moments for entertainment?
One of the best examples here is the Monsters (2022-) anthology, with critics questioning whether the upside of taking inside the minds of Jeffrey Dahmer and Ed Gein, in particular, outweighs the risk of glamourising these notorious killers.
But this isn’t a new issue. Films like Bonnie and Clyde (1967) attracted similar controversy for how they celebrated rather than condemned the criminal protagonists.
Accusations of glamourising crime extend to anything that resulted in real-life harm. Examples include the white-collar crime depicted in The Wolf of Wall Street (2013) and the seductive lifestyle and mob violence of Goodfellas (1990).
Secondary trauma
Related to this is the fact that living relatives of the killers and – more importantly – the victims may experience secondary trauma just knowing a drama is planned. This can lead to an ethical quagmire:
- Should they be contacted?
- Should their consent be sought?
- Should they be involved?
- If they object, should the project go ahead?
There are no simple answers, but these are questions worth asking.
Showing murder ‘up close’
While this isn’t necessarily the writer’s call, it’s still important to be aware of what you put on the page. Whether you exercise restraint or go all-in with visceral descriptions will depend on the genre and the tone of the story.
For original stories, you can be led by our creative impulses alone. But when real people are involved, ethical considerations may inform the choice.
Unknown outcomes
What do you do if the truth about the crime is unknown or disputed? Examples where this applies include the film Reversal of Fortune (1990) and a chapter of the Monsters anthology, The Lyle and Erik Menendez Story(2024).
In both cases, the filmmakers leaned into the uncertainty. Reversal adopts a novel structure focussing on the legal preparation for a criminal appeal. Meanwhile the Menendez drama presents the brothers in dual lights – as abused sons acting in self-defence and calculating, money-hungry killers.
A side issue here is what to do if the real-life outcome is dramatically unsatisfying. Again, we turn to Baby Reindeer, whose use of creative licence pushed the envelope to suggest the protagonist’s alleged stalker confessed and went to jail. Great drama but the woman ‘outed’ on social media as the inspiration for the real-life stalker was never convicted of an offence.
The lesson here is that if you slap a “true story” label on your script, then make up an ending, you might run into problems.
A final ethical concern here is to ensure you don’t jeopardise or influence real-life investigations, which often take years to complete.
Tone in true crime
We talked about tone more generally earlier, but one thing to think about with regards to true crime is the American Psycho-effect – taking an overly irreverent tone to murder. For example, a jaunty voiceover or a cheesy 80s pop hit played over bloody scenes of carnage.
While American Psycho (2000) is original, this device was also employed to an extent in Monsters: The Lyle and Erik Menendez Story. That kind of shallow-serious contrast can be chilling but it’s best used with care and purpose to avoid trivialising the actions of real killers and their victims.
5. Responsibility
This section is about the wider ethical considerations that attach to your story. Questions to ask here include:
Have you considered any potential controversies or hot-button issues?
As well as ethics, this can also impact the commercial potential of your script. That’s not to say that these types of topics are off-limits – just that it’s important to appreciate where your script sits in the conversation.
Are you comfortable with moral ambiguity?
Sometimes the line between right and wrong is blurred, which is where much great drama sits. In decades past, filmmakers were required under the Hayes Code to make clear that “crime doesn’t pay” but today no such restrictions exist. This forces writers to decide where to draw the moral line and to define the message they’re sending.
Are you the right person to tell the story?
Just because a story is screen-worthy, doesn’t mean you should write it. Some stories require us to to dramatize events and use language that might not sit right. Among other things, this touches on issues around cultural, racial, and gendered framing.
Takeaway
Ethical concerns reach into many aspects of fact-based film and TV. As a screenwriter, much of the process of bringing our work to the screen is out of your hands. But it’s important to take ownership of the part you do control.
This doesn’t have to be a drag on creativity. It just means coming to a project with your eyes open.