Performers working in film and TV have voted ‘Yes’ by a landslide 99.6% to refuse to be digitally scanned on set in order to secure artificial intelligence protections.
The indicative ballot was held by Equity. The result was announced by General Secretary Paul W Fleming today at 1pm, at Equity’s headquarters in Covent Garden. Equity members were in attendance, holding placards saying “I’m voting YES to protect my AI rights” and “We demand better on AI”, and waving union flags. Media were also present.
Equity is currently negotiating the agreements it holds with Pact, the trade body representing the majority of film and TV production companies in the UK, to set minimum standards for pay, terms and conditions for performers working in the sector.
The ballot turnout was 75.1%, with eligible voters made up of Equity’s membership working in film and TV – 7,732 actors, stunt performers, and dancers who have worked on a Pact-Equity agreement since they were last negotiated in 2021. It is the first time this whole section of the union’s membership has ever been balloted.*
As it is an indicative ballot, it is not binding and does not legally cover Equity members to take industrial action – for that, a statutory ballot is needed. Instead, this decisive result proves the strength of feeling among performers who want to protect their AI rights, and have indicated they are prepared to refuse to be digitally scanned on set to do so – a form of action short of strike.
Equity will now write to Pact with the results and demand they come back to the negotiating table with a better deal on AI. If Pact refuse to enshrine the AI protections the union is seeking in the agreements, Equity will hold a statutory ballot for industrial action.
Responding to the result, Equity’s General Secretary, Paul W Fleming, said:
“Artificial intelligence is a generation-defining challenge. And for the first time in a generation, Equity's film and TV members have shown that they are willing to take industrial action.
“90% of TV and film is made on these agreements. Over three quarters of artists working on them are union members. This shows that the workforce is willing to significantly disrupt production unless they are respected, and decades of erosion in terms and conditions begins to be reversed.
“The US streamers and PACT need to step away from the brink, and respect this show of strength. We need adequate AI protections which build on, not merely replicate, those agreed after the SAG-AFTRA strike in the USA over two years ago.
“The union believes this can be resolved through negotiation, but 18 months of talks have led us to this stalemate. With fresh AI proposals, significant movement on royalties, and a package of modern terms and conditions, PACT and allied producers can turn this around. The ball is in their court when we return to the table in January.”
Background
• *Smaller sections of this group have been balloted on industrial action in the past, such as the casts of specific productions.
• The ballot opened on Thursday 4 December and closed on Thursday 18 December at 12pm.
• The indicative ballot question in full was: “Are you prepared to refuse to be digitally scanned on set to secure AI protections?” with the response a choice of “Yes” or “No”.
• Artificial intelligence is a key issue for Equity members in the Pact negotiations, alongside others such as pay, secondary payments (royalties and residuals), self-tapes (performers submitting recordings of themselves as part of the audition process), and hair and makeup provisions for the global majority.
• Members are increasingly concerned about the use of their voice and likeness, including being digitally scanned on set. Equity is fighting for protections for performers based on the principles of explicit consent, transparency of terms, and fair remuneration for usage.
• Industrial action can take different forms. For instance, refusing to be digitally scanned on set would constitute ‘action short of strike’. Another form of industrial action is a strike, which is the refusal to work.
• In 2023, members of Equity’s sister union, SAG-AFTRA, comprising actors who work in film and TV in the US, went on strike for four months over issues including artificial intelligence protections.