Boxing is a
sport in perpetual chaos and decline, with sanctioning
organizations and their multiple champions, calculating
promoters, no transcendent stars or presence on
broadcast television, and the whiff of corruption.
Rather than repel him, those conditions appealed so
much to Mark Burnett, the immensely successful producer
of "Survivor" and "The Apprentice,"
that his next reality television series, "The
Contender" on NBC, will feature 16 boxers living
and training together in Southern California in pursuit
of a $1 million prize.
Sylvester Stallone is the host, and he and Sugar Ray
Leonard are the boxers' mentors. George Foreman and
other celebrities are scheduled to appear on the series,
for which NBC is paying $2 million an episode. It is to
launch in January.
But the series is in one fundamental way different
from those that Burnett has set on a secluded island or
in Donald Trump's Manhattan boardroom with Type A people
drawn from a variety of backgrounds who are voted off
their islands or fired.
This time - as with Oscar De La Hoya's "The Next
Great Champ," which survived four episodes of low
ratings on Fox before moving to cable - Burnett has
chosen an industry that is regulated by state athletic
commissions and federal boxing law.
By doing so, he has set up a clash between the
secrecy needed to protect the results of a taped reality
series and the wide-open world of boxers fighting in
front of a paying crowds that did not have to sign
nondisclosure forms (as those who attended
"Contender" matches did).
Reality television is governed by internal rules that
foster competition, jealousy, pressure, hatred, love,
adventure and drama. The result, in past series, has
been to create a winner who is wilier, stronger, more
daring, more attractive, more gullible.
The boxers in "The Contender" had to sign a
28-page participant contract, a copy of which was
obtained by The New York Times. The contract outlined
the restrictions they would live under, the extent to
which the they would sign their life stories away and
the penalties they would incur for disclosing what
happened in their hermetically sealed world. The rules
add up to a voluntary surrender of some of their civil
rights, a characterization that Burnett did not dispute.
They have been required to:
Permit, with no legal recourse, the program to
portray them by using potentially "personal,
private, surprising, defamatory, disparaging,
embarrassing or unfavorable" information.
Allow concealed cameras to follow them in ways that
would "in other circumstances be considered a
serious invasion of my privacy."
Agree to let the producers "make certain
misrepresentations to me and others" about
themselves, their rivals and the prize purses.
Pay a $5 million breach-of-contract penalty if they
disclose anything about the series, without
authorization by the producers, until after the final
episode is broadcast. A $500,000 fine is suggested for
those who speak without permission afterward.
Earn, at times, "food, food money and/or
catering" at the producers' discretion. At other
times, the boxers were told, they would get a
"reasonable supply" of food.
Speaking on the condition of anonymity, one producer
of the show said the most draconian rules were designed
to frighten participants into compliance and that it was
unlikely a boxer would be sued for $5 million.
Burnett plans to promote the boxers beyond the
program, and he has received licenses from California
and Nevada. So has Brian Edwards, a lawyer for
DreamWorks SKG, the co-producer of the series.
"Boxing is broken, no doubt about it,"
Burnett said by telephone last week. "But if I'm
right, and based on my other unscripted dramas, I can
take 16 young men, and each of them will leave the
contest way ahead of where they came in, in terms of
their value to themselves and to us. We know that
marketing is the key to their economic success."
Despite the wall of silence, some results have
leaked, and many of the boxers' names are known: Sergio
Mora (who has a 12-0 record), Peter Manfredo Jr. (21-0),
Jesse Lee Brinkley (23-1-0) and Ishe Smith (14-0).
Mark L. Tuft, a lawyer in San Francisco who
specializes in the media, said there was no problem in a
person agreeing to waive what would be grounds for
defamation or invasion-of-privacy claims. "But what
are the outer reaches of this?" he said. "I
suppose there is a line beyond which it becomes
unconscionable."
Burnett defended his practices and suggested that if
some of his famous alumni, like Richard Hatch of
"Survivor" and Omarosa Manigault-Stallworth of
"The Apprentice," were willing to suspend
their civil rights for money and fame, so should the
boxers. He said that the boxers had representatives read
the contracts with oversight by the California State
Athletic Commission.
"You can't value the boxers' rights over
Richard's or Omarosa's," Burnett said. "Based
on the state of boxing, and the value of these men, all
of whom came in disenfranchised, pushed aside and lied
to, we've kept our word and gave them a fair
chance."
The boxers were unavailable for comment.
The California commission has no purview over the
participant deals and did not examine them, said Dean
Lohuis, the interim executive officer of the agency.
"Our job is to look out for the safety of the
fighters and to be sure they were ready," he said,
adding that the commission kept strict oversight of the
bouts.
The agreement by the boxers to abide by reality TV
rules that do not exist in their normal lives would be
useless to Burnett if viewers knew the results of the
bouts, which have been taped, except for the final; it
will be carried live in April from Caesars Palace in Las
Vegas.
To shield the results from public view, Burnett
persuaded the California State Athletic Commission to
waive - to some critics, violate - a federal boxing
reform law that requires results to be reported to three
boxing registries within 48 hours. The purpose of the
provision is to protect boxers from being injured in a
bout that has not been reported, then taking another
match in a state that was unaware of his condition.
To counteract the effect of the waiver, the boxers
signed contracts that required them to suspend
themselves until the final episode is shown. That means
that some fighters will be prevented from taking any
other fights for at least seven months, or possibly
longer. Burnett is paying them "holding fees"
through April, to make up for any lost income.
"They're not losing much compared with what they
were paid in the past," he said.
Originally, episodes were to start this month, but
they were delayed to distance them from the failure of
De La Hoya's series.
Burnett said it was purely "common sense"
that results be held back, especially if the boxers'
safety was not compromised. "We're not going
against the intent of the law," he said. "Why
does somebody want to know? Does the existing way of
knowing things make it right? No."
Chris Mears, chairman of the commission, said that
not waiving the reporting rule would have been a
"triumph of bureaucracy over reason."
"We don't need to run to the federal government
every time we're confronted with an interpretation of
rules," he said.
Sen. John S. McCain, Republican of Arizona, who
co-sponsored the boxing reform law, was unavailable for
comment. He met with Burnett several months ago, but he
has not said anything publicly about the program.
But Tim Leuckenhoff, president of the Association of
Boxing Commissions, which certifies one results
registry, Fight Fax, wrote in an e-mail message that his
organization did not approve of the California
commission's decision to violate the law.
Patrick English, a boxing lawyer who helped draft the
federal law, said, "Local commissions cannot decide
what portion of the act they obey and don't obey."
He added, "It's pretty clear that California bent
itself into a pretzel to accommodate 'The Contender.'
"
New York State would not have been host to "The
Contender" if it meant waiving the reporting
requirement, said Ron Scott Stevens, the executive
director of the New York State Athletic Commission.
"I'd be taking the law into my own hands," he
said.
Stevens said there were other provisions in the
promotional contract the boxers signed that he would
have challenged, such as how training expenses are paid
and how Burnett's group can unilaterally assign a
boxer's contract to anyone else, but the fighter cannot
do the same.
"Contender" boxers also had to waive their
rights to appeal the results of any pre-championship
bout to the California commission.
Hauser, a respected boxing writer and a former
consultant to the show, said the convergence of the
reality and promotional contracts offered the
possibility of abuse. "The people on 'The
Contender' may be completely well intentioned and treat
the fighters fairly," he said. "But it's not
like putting a truck driver on a desert island. This is
these boxers' livelihoods. They should be treated with
dignity."
That's precisely what Burnett insists he is doing as
he grafts his reality paradigm onto a sport that he says
he wants to reclaim.