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A Report on the Film and Television Industry November 2003

Published by: The National Association for the Advancement of Colored People 4805 Mount Hope Drive, Baltimore Maryland 21215 410.358.8900

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PRESIDENTS NOTE
Ideas and images guide our lives. They create the belief systems that control our individual and societal actions. Television communicates more ideas and images to more people in a single day than Solomon or Shakespeare did in their entire lives. More people depend on the medium for news and entertainment, from which they construct their worldview, than on any other venue in the world. When it comes to forming ideas, reinforcing stereotypes, establishing norms and shaping our thinking nothing affects us more than the images and concepts delivered into our lives on a daily basis by television and film. Accordingly there is ample cause for concern about what does or does not happen on television when there is little or no diversity in either opportunities or the decision making process. While some with limited perspective on the subject seek to criticize as out of touch and unnecessary any and all attempts to affect the characterizations, content, employment and decision making opportunities of television and film the NAACP continues to push for real and meaningful change. On the motion picture side of things despite the fact that over 30% of movie audiences are African American, Latino or Asian American, the motion picture industry has forever been a closed door society generally looking the other way when the topic of diversity and employment opportunity arises. That industry in particular and its Academy of Motion Pictures Arts and Sciences have virtually held themselves exempt over the last fifty years from charges of racial discrimination and bias. Instead what has been offered has been no more than token gestures of opportunity to racially diverse actors, writers and directors. In the end such gestures do little if anything to further the broader inclusion of African Americans and others into the movie-making business or its decision making process. The NAACP has held hearings, executed agreements with studios, and published reports on industry problems and industry progress. In the past year, there have been modest gains in the on-screen employment of racial minorities in television and film, but behind-the-scenes rosters, decision making positions and Board seats remain virtually frozen demographically and few if any seem to care. Consequently, with all the attendant pathologies affecting communities and people across our nation one might argue that there are more urgent needs and other battles to fight. Although that might be the case in some instances , few if any issues will define us more in the context of who we are, what we think, and how we respond than the medium of television and film. A responsible television and motion picture industry could do much to increase employment opportunities particularly behind the camera and in decision making positions. Even the casual onlooker knows that it is economic pressure that remains the deciding variable because of its ability to hasten real change. However, advertisers who buy the time that networks sell and the large agencies who supply the talent that studios use do little to push for change. Hence it is importantant that disciplined consumer action against the television and motion picture industry is always readied as an option for implementation. In the end we believe that an ongoing critical analysis of television and film is appropriate. The stakes are high. Moreover television news operations, Cable networks and motion picture studios will be the subject of increasing scrutiny by the NAACP in the weeks and months ahead. Our goal is to increase equal opportunity in the corporate, executive, production and talent ranks of network television and the motion picture industry. This report is offered as but one necessary step in a long journey towards that end.

Kweisi Mfume President and CEO

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I.

HISTORICAL BACKGROUND

The NAACP has been involved in the continuing struggle for greater participation by African Americans in the entertainment industry and portrayal of black people on the screen since 1915, when the organization launched a nationwide protest against the showing of the movie Birth of a Nation" by D. W. Griffith. The film, set in the period immediately after the Civil War, depicted black people as savages and the reconstruction era in our nation as a period of corruption. It remains today as one of the most controversial films ever made. Shortly after the NAACP's crusade against "Birth Of A Nation," a group of independent Black Filmmakers appeared on the scene almost as a response to the inaccurate characterizations that continued to be put forth by Hollywood. Emmett, J. Scott, George and Noble Johnson, and the legendary Oscar Micheaux defied the stereotypes and offered movies with black actors in stark contrast to the images otherwise available. Films produced by these pioneers were tributes to black endurance and ambition. Emmett, J. Scott, George and Noble Johnson, and the legendary Oscar Micheaux defied the stereotypes and offered movies with black actors in stark contrast to the images otherwise available. In spite of inauspicious omens the brothers Johnson set out in the summer of 1915 to picture the Negro as he is in his every day life, a human being with human inclination, and one of talent and intellect. More than any other enterprise had even attempted, the Johnsons carried the notion of a black aesthetic to its limits as a social force.1 Referred to as "race films, movies such as The Realization of a Negros Ambition (1916), Trooper K of Troop K (1916), The Birth Of Race (1918), and the Homesteader (1919), portrayed black people as doctors, lawyers, teachers, and lovers. Plagued by financial and distribution problems, these films virtually vanished by the end of the 1940s. Perhaps the most illuminating element in the black struggle for an indigenous cinema was the attempt of the Negro press to create a black aesthetic. Such writers as Lester Walton, Harry Levette, and a half dozen more wrestled with the duality-the two ness, as W.E.B. DuBois put itof American racial codes as they impinged on the cinema. Was the Negro to be a unique American with an eternal tom-tom beating in his breast, or was he to be a lamp-blacked Anglo-Saxon?1a When Gone with the Wind was released in 1939, African Americans were less strident in their criticism, but less than happy with the films portrayal of them. In the words of film historian Donald Bogle, Gone With The Wind was still bad, but its Black characters were treated with some degree of sympathy and dignity.
NAACP pickets the opening of D.W. Griffiths, "The Birth of a Nation" in 1915.

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Hattie McDaniel becomes first African American to win an Oscar for her role in "Gone With the Wind".

Hattie McDaniel was awarded the Oscar as Best Supporting Actress in that year for her role in Gone With The Wind, becoming the first black performer ever to win an Academy Award. Failure by the Academy of Motion Picture Arts and Sciences to recognize the talented efforts of other black artist in the years following McDaniels success enabled few if any to follow in those footsteps and the images of black people that were created by Hollywood changed little. Several years later in 1942, an agreement was struck between Walter White, then Executive Secretary of the NAACP, Wendell Wilkie, the former Republican Presidential Candidate, and the major film studio heads calling for the establishment of an ad hoc committee of black actors, private citizens, and liberal whites to monitor the image and portrayal of African Americans on the screen. The studios agreed to abandon pejorative racial roles, to place Negroes in positions as extras, roles they could be reasonably be expected to occupy in society, and to begin the slow task of integrating blacks into the ranks of studio technicians. The agreement only directly affected a tiny cadre of Hollywood Negroes, but the implications for the future were boundless.1b Although Walter White and the NAACP were not directly responsible for a single beautiful movie, their contractual codification of the social changes of the Great Depression and the second Great War finally destroyed the monopoly of Southern racial attitudes on the screen and made cinematic racism untenable.1c Before the end of the decade of the 1940s, television would be invented and introduced to the American public. Its early technology and cost made it somewhat prohibitive to most families but its popularity began a steady incline that until today has never eroded. With television, as was the case with motion pictures, the question of characterizations and opportunities for qualified black men and women in front of and behind the camera continued to be a problem. At our annual convention in July1951, the NAACP passed a resolution critical of the new television series Amos 'N' Andy and other programs stressing negative stereotypes. According to OUT of FOCUS - OUT of SYNC TAKE 3 5

the resolution, shows like Amos 'N Andy depict[ed] back people in a stereotypical and derogatory manner, and the practice of manufacturers, distributors, retailers, persons, or firms sponsoring or promoting this show, the Beulah show, or other shows of this type are condemned." The NAACP also sought an injunction in federal court to prevent the CBS Television Network from televising the Amos 'N' Andy show. Although the series was produced for two seasons, (1951-1953), it continued in syndication until 1966. Not until 1966 did CBS agree to withdraw the show after five years of litigation. A decade later in 1963 and again in 1964, the NAACP adopted resolutions to mount a nationwide campaign to improve opportunities for "Negro" performers in motion pictures and television. In conjunction with leaders of the Beverly Hills/Hollywood NAACP Branch, then NAACP Labor Secretary, Herbert Hill conducted extensive negotiations with the Motion Picture Producers Association (MPPA), the heads of several major Hollywood studios and television networks, and officials of the labor/craft unions affiliated with the AFL-CIO International Alliance of Theatrical Stage Employees. Although the NAACP's campaign to eliminate racial bias in the entertainment industry received support from the Screen Actors Guild and Writers Guild of America West, craft unions in Hollywood continued to openly and systematically exclude Blacks as electricians, cameramen, carpenters, propmen, and other craft positions. In the years that followed, the NAACP, largely through its Executive Directors and its national office, continued its campaign for greater inclusiveness in film and television. The institution of the NAACP Image Awards program in 1967 and the organizations succession of meetings in and around Hollywood with movie studios, network executives, guilds and labor unions in the 1980s and the 1990s sought to highlight the obvious omission of diversity. It was an increasingly embarrassing aspect of Hollywood that served as an unpleasant anachronism of Americas segregated past when juxtaposed against the significant advances made in other areas since the civil rights movement began. Yet despite such efforts and the entertainment industrys sporadic tokens of change, the systemic and subliminal constructs of longestablished industry methods continued to be a monumental obstacle to increasing access for minorities in the film and television industries. African Americans, Latinos, Asian and Native Americans continued to be denied access, employment, representation and recognition.
Flip Wilson, Richard Pryor, and Buddy Hackett sing a finale on the "Flip Wilson Show"

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II.

CURRENT INITIATIVE

Continuing a long and unwavering initiative against discrimination in the entertainment industry that took shape nearly a century ago at the inception of the motion pictures industry, the National Association for the Advancement of Colored People (NAACP) intensified its push for opportunities behind and in front of the camera for qualified men and women of color. The current initiative has focused primarily on the greater inclusion of racial minorities in the broadcast network television industry. Although the accurate depiction of minorities in front of the camera continued to be a critical consideration, the impetus behind the current initiative was the belief that once integration took place behind the camera in executive and decision-making positions, the proper portrayal of the American public would naturally evolve. In July 1999, at the NAACPs annual Convention in New York, former Congressman and NAACP President & CEO Kweisi Mfume publicly criticized the announcement of the 26 new network television shows scheduled for air in the 1999-2000 season. Mfume referred to the fact that not a single actor of color was featured in a starring or leading role in those new shows as a virtual whitewash and threatened a massive sustained boycott targeted against one or all four of the television networks. A month later, the NAACP set out to investigate and alleviate allegations of systemic discrimination against and exclusion of racial minorities in the television industry. The organization met with CEOs and presidents of these major networks throughout August 1999 to express both its outrage and concern. What was discovered was less than a purposeful and deliberate denial of opportunity to people of color by network management, but the effect of their narrow thinking and shallow approach was no less insidious or devastating to the careers of hundreds of talented men and women of color. The NAACPs investigation revealed that the virtual white wash of the face of network television was not an unexplainable anomaly but rather a reflection of a kind of thinking that operated in front of the camera, behind the camera, in production, writing and at most levels of management including board seats. While admitting there was a significant deficiency in the representation of racial minorities in their employment ranks, no network articulated a plan to address the problem. In September 1999, the NAACP led a coalition of national civil rights organizations in solidarity to protest the systematic exclusion of people of color from the television network industry; that coalition was comprised of members from the Asian American, Hispanic and Native-American communities and chaired by the NAACPs president Kweisi Mfume. By early autumn in its pursuit of information, the NAACP drafted and submitted to each network an extensive questionnaire regarding the networks employment of minorities in each sector of its operations including, news, sports public affairs and entertainment programming with special emphasis on the executive, production and talent ranks of network television. The organization continued its due diligence in investigating scores of complaints regarding outright exclusion and or denial of equal opportunity by the four major networks. In response to hundreds of letters and calls for help from people of color in the industry, on November 29, 1999, in Los Angeles, California, the NAACP held Television Diversity Hearings. Prominent actors, writers, producers, stunt performers, activists, union officials and guild representatives testified before the hearing panel, which consisted of NAACP officials and its coalition partners from the Hispanic, Native American and Asian American communities. Witnesses described the unspoken exclusionary practices and procedures of the industry as well as the resulting patterns of de-facto discrimination and its lingering effects. OUT of FOCUS - OUT of SYNC TAKE 3 7

Each network was invited to submit testimony to the panel, but only CBS participated at the highest level with CEO Leslie Moonves in personal attendance. When the representatives from the three remaining networks were not allowed to speak in the same segment as Mr. Moonves, the three staged a walkout in front of the press and public fueling the perception of a resistant network response to the complaints of exclusion. The press recorded the act accordingly and the network presidents reacted swiftly. Each network responded organizationally by committing to entering into a memorandum of understanding with the NAACP to improve its practices and procedures with a goal towards the greater inclusion of minorities both in front of and behind the camera. In January 2000, Mfume reached an historic agreement with NBC Chairman Bob Wright which focused on the implementation of initiatives across all areas of network operations; in the ensuing weeks, the three other networks followed suit and each signed similar agreements with the Association and its multi-cultural coalition partners then represented by former Congressman Esteban Torres of the Hispanic Media Council, Sonny Skyhawk of American Indians in Film and Television and former Congressman Norm Mineta for the Asian American community. In the months following the agreements, consistent with its advocacy roots, the NAACP and the multi-ethnic coalition worked collaboratively with the networks, their appointed vice presidents of diversity and various departmental executives to refine and implement the initiatives in the agreements while continuing to gather information anecdotally and anonymously through both NAACP members and non-member supporters in the industry. Mfume also engaged in a series of extensive discussions with the heads of several major Hollywood studios, the Screen Actors Guild (SAG), the Writers Guild of America and the Directors Guild of America (DGA), the American Federation of Television and Radio Artists (AFTRA), Nielsen Media Research, the William Morris Agency and the Motion Picture Producers Association in its continued pursuit of information. Every year thereafter, the multi-ethnic coalition has held a press conference to announce the relative progress of the networks in the prior television season as to each ethnic subgroup. Each representative reported the interim progress of its community of actors, writers, directors, technicians and managers and the results from the first year were abysmal. Essentially, the NAACP reported in that first year that while limited progress was made for African American in the industry, little to no progress was made for Latinos, and in some cases a decrease was found for their Asian American and Native American counterparts. This report encompasses the NAACPs compilation of facts and findings into the networks progress or lack thereof 36 months after the agreements were signed. Each networks efforts in each of the fall television seasons since the agreements will be evaluated and we will discuss what they have or have not done to deal with the issue of meaningful diversity and the extension of opportunity to qualified men and women of color in the industry. This report also addresses the other factors impacting the entertainment industry and its various entities and discusses what avenues of pressure must be explored in order to produce meaningful access to people of color in entertainment. Regrettably, the result of this current report view suggests that the words of the NAACP at its 1990 Convention still ring true in the year 2003. There, the organization said, It is inconceivable that anyone could deny the existence of disparate treatment in an industry that after 80 years in business cannot point to one black who can green light a film, hire or fire a director or producer, or sign a development deal.
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III.

THE PROBLEM

Because the broadcast networks utilize public airwaves, which in many communities is the only television that poor whites and some communities of color can afford to watch, the under representation of ethnic minorities in television is arguably egregious than that in film. For this reason alone, the NAACP first obtained memorandums of understanding with the major television networks, ABC, CBS, NBC and Fox, with other entertainment entities presumably and most notably the motion picture industry to soon follow. What has been created more than fifty years after the advent of the television arguably the most powerful medium in the world - is a denial of access to those who have had little or no contact with high-level television or film production. As racial minorities have historically had the most difficulty in obtaining access and opportunities in Hollywood, the industrys oblique adherence to the who-you-know or word-of-mouth methods continues to be the most daunting obstacle, preventing meaningful progress in achieving diversity truly reflective of the American citizenry and precluding equal access to minorities in television regardless of artistic talent and ability. From the boardroom down to the mailroom, up to the creative departments and over to the production studios, the who-you-know method and its progeny are pervasive in the television industry. The NAACP has gathered a plethora of complaints from those having sought traditionally introductory inroads to network television only to find the positions listed and filled with nary an interview taken. While racial minorities continue to search the want ads, download job postings, hone their resumes and compose self-introductory letters, at the studios and networks alike, it is common practice for positions to be given to once-removed relatives, neighbors or college friends. Now with the advent of reality TV and its reliance on fewer writers, actors and support crew jobs on both ends continue to dwindle for minority and majority candidates alike. According to the latest statistics by the Census Bureau, Hispanics have now become the nations largest minority group with 38.8 million, edging out African Americans who numbered 38.3 million as of July 2002.1d By all accounts, the Census Bureau estimates that minorities will comprise about half of Americas population before mid-century. However, as reflected in the statistics below, they are rarely seen on-air and their stories are rarely told even in diverse settings such as New York City and San Francisco. Instead, Caucasian actors continue to dominate television and motion pictures as seen in the yearly data provided by the Screen Actors Guild (SAG) despite small gains for minority actors. Casting data for calendar year 1999, the year that saw the resurgence of the NAACPs entertainment initiative, showed a mixed picture, with film and television roles for SAG members declining 12.4 percent while the share of roles for ethnic minorities increased to 21.2 percent from 19 percent. In 1999, the presence of African-American actors increased to 14.4 percent of roles, up from 13.4 percent in 1998, and Latino roles increased to 4.4 percent from 3.5 percent, even though that figure remains far below the 11.5 percent share represented by Latinos in the overall U.S. population. Asian-American representation edged up to 2.2 percent from 2.1 percent, compared with a 3.8 percent representation of the U.S. population. Native American SAG jobs remained at 0.2 percent, compared with a 0.7 percent representation. In calendar year 2000, the SAG report showed that the number of television and film roles OUT of FOCUS - OUT of SYNC TAKE 3 9

held by minorities increased to 22.9 percent, though whites still made up 76.1 percent of all such roles. Roles for African Americans in television and theatrical roles increased slightly to 14.8 percent, the total number of roles held by Latinos increased to 4.9 percent and the total number of roles held by Asian Americans represented 2.6 percent of the total number of roles. Native Americans continued to be the most underrepresented ethnic group on prime time television and in films although their numbers increased from 0.2% of the roles in 1999 to 0.3 percent of the roles in 2000. Unsurprisingly, SAGs casting report on calendar year 2001 revealed a decrease of 9.3 percent in the total number of television and theatrical roles across all ethnicities, when 48,167 roles were cast under guild contracts, compared to 53,134 in 2000.2 In 2001, a total of 22.1 (10665 roles) percent of all roles went to minority performers, compared to 22.9 percent in 2000. The decline was reflective of a drop in roles for African Americans and Latinos. African Americans received 6936 (14.4%) of the roles cast, a decrease from 7864 roles (14.8%) in 2000. Latino/Hispanics received 2,312 (4.8%) of the roles cast, a slight decrease from the 2,603 roles (4.9%) they received in 2000, and Asian American actors received 1,204 (2.5%) of the roles cast, a drop from the 1,381 (2.6%) roles received in 2000. Native Americans were the only group to show any improvement, receiving 178 roles (0.37%) in 2001 as compared to the 106 (0.2%) roles received in 2000. The picture in 2002 changed somewhat. According to the latest casting report from the Screen Actors Guild,3 in calendar year 2002, out of the total number of SAG roles, 24.2 percent (10893) of the roles, the highest percentage ever, were held by members of an ethnic minority while roughly 73 percent of the roles were held by Caucasians. SAG reports that the percentage increase in minority share is largely due to the increases in African American and Latino/Hispanic held roles in episodic television. In 2002, 15.5 percent (6977) of all theatrical and television roles were held by African American actors and 6.0 percent (2700) were held by Latino/Hispanic actors, representing the highest share of roles ever for the two minority groups. Asian American actors saw no change in their share of roles during calendar year 2002, holding only 2.5 percent (1125) while Native American actors were the only demographic that saw their share of roles decrease to 0.2 percent (90), from the 0.37 percent share they held in calendar year 2001. However, SAG reported that the number of roles across all ethnicities decreased by 6.55 percent, from 48,167 roles cast in 2001 to 45,014 roles in 2002. In many minds, the decline in the total number of SAG roles in calendar 2002 was expected given the recent trends in the television and cable industries. Not only is broadcast television grappling with the fact that the networks share of the television viewing audience has dwindled to less than 50 %, the increasing lures of cable original programming and the internet threaten to further reduce their viewership in the years to come. One of the newest factors threatening the livelihood of actors in todays world is reality television. The recent wave of reality TV - which was initially pursued to counteract a possible strike by the Writers Guild of America in 2000 has had one of the largest impacts on the employment of actors and actresses in Hollywood more than any other factor in the past two years. Though the strike never materialized, the broadcast networks were finally made aware of the appeal of unscripted programming already known to television audiences overseas in Europe. Channels in the 2002-2003 season took a visible step back from their tried and true primetime
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comedies and dramas, whose long courtship of faithful audiences have the potential translate into years of advertising revenue and syndication dollars, opting instead for the quick fix. Unscripted reality shows in the past two years have drawn unprecedented numbers of the coveted 18-34 yearold demographic, which in turn lured the most advertising income. In addition, the cost of one reality episode was about one-fifth the cost of a one-hour drama, substantially improving the network executives immediate bottom line. In March 2003, more than 17 hours of the six broadcast networks primetime schedules were occupied by reality programming while more were found on cable channels like MTV, whose unscripted franchises Real World and Road Rules continued to flourish, mutate and spawn children (Real World/Road Rules: Battle of the Sexes). With more and more primetime property showcasing the likes of Married By America and Are You Hot? The Search For Americas Sexiest People, exceptional dramatic performances faced near extinction, as did their vessels. More actors were out of work than ever, replaced by the unending supply of volunteering fame seekers ready for their fifteen minutes of fame; and no group has more to lose than minority actors. Whereas before, our talented, but often overlooked, actors of color had to fight to get in the door, in todays world they potentially must wait at the back of a long line of the newly unemployed before they can even get to the door. There are, however, positive aspects of reality programming that cannot go unnoticed. First, as a genre, it has proven to be consistently more diverse than its episodic counterparts. From the beginning, with CBSs Summer 2000 successes Survivor and Big Brother, these shows have reached thousands of young viewers displaying the wide variety of racial and ethnic participants representative of Americas population, a focal point of the NAACPs current initiative. Second, not only have this countrys children been exposed to actual African American, Latino and Asian American professionals, students, laborers and homemakers via this new controversial vehicle, albeit in primitive, if not becoming, circumstances, some minority participants particularly from the talent show genre have even gone on to enjoy greater success as a result of the tremendous exposure they received. The most notable of these, African American performers Ruben Stoddard and Justin Guarini from Foxs American Idol, have become household names and budding superstars across socioeconomic and racial lines. In this regard, unscripted programming has broadened the exposure of minorities from all walks of life to the millions of viewers of network television, while actors are forced to reexamine their stake in the televisions future. Behind the camera, the challenges facing minorities are even greater. Minority writers, directors and producers have historically faced, and continue to face, incredible barriers in the entertainment industry as evidenced by the following studies. According to a study conducted by the NAACP and the Coalition of African American Television Writers, out of the 839 writers working in prime-time television in the 1999-2000 television season, only 55 (6.6%) were African American. Of that number, 45 (77 %) of those positions were on the UPN and the WB. That season, 33 % of all television writing jobs held by African-Americans were on two shows: UPN's Moesha and its spin-off, The Parkers. Although the report focused primarily on the employment of African American writers, the statistics revealed even more abysmal numbers for other minorities: 1.3% Latino, 0.3% Asian and 0% Native American writers were employed during that television season. OUT of FOCUS - OUT of SYNC TAKE 3 11

More shockingly, the report also revealed that in the 1999-2000 season, none of the major television networks, ABC, CBS, NBC and Fox, carried a show which employed more than one African American writer per show and fewer than 2 % of all writers on major network primetime shows were African-American. A study conducted by the Writers Guild of America showed the bigger picture of the 1999-2000 television season. That year, only 10.28% of the writers employed in television were members of an ethnic minority. Of the total number of staff writers employed in television, only 8.66% were minority, meaning that 91.33% of the staff writing jobs that year were held by Caucasians. Of the total number of freelance writers employed in television, only 1.62 % were minority, meaning that 98.38% of the freelance writers employed were Caucasian. Worse still, according to the WGAs study of the six broadcast networks, of the 116 show runners employed during the 1999-2000 season the most influential position on any show - only 6 (5.17%) were minorities (all African American), 3 of which were employed by WB and 2 of which were employed by UPN. Seen in this context, the state of employment for minorities in television both in front of and behind the camera was nothing if not grim at the start of the NAACP current initiative and required immediate attention.

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IV.

THE TELEVISION AGREEMENTS

The sweeping agreements executed in late 1999 and early 2000 between the NAACP, its coalition partners and the four major television networks focused on the premise that the integration of qualified people of color in the industry behind the camera, in production and management, would result in greater opportunities for qualified actors in front of the camera. As such, the memorandums of understanding are non-exclusive commitments by the networks intended to create institutional change in various divisions of network operations to improve diversity in the networks. Given the notoriously subjective hiring methods utilized in the industry, in the agreements, particular emphasis was placed on employment, hiring, training and promotion for people of color. Below is a description of some of the general provisions of the NAACPs agreements with the networks. Although they vary to some degree from network to network, many of the same initiatives are included in each agreement. Each network agreed to establish certain minority recruitment and training programs working with the NAACP, educational institutions and community organizations designed to increase minority hiring, promotion and representation in management and non-management positions. These initiatives include without limitation, the establishment of associates programs that rotate throughout the networks news, entertainment and sports divisions, minority fellowship scholarships for graduate studies in broadcast, communications and business, and the inclusion of diversity goals as a key measurement of employee evaluation reviews. The agreements also include commitments by the networks to increase the diversity of its professional staff by employing more minority lawyers in their in-house counsel departments while also increasing the number of minority professionals outside the network such as local attorneys for trials, mergers and acquisitions and accountants. Each network agreed to establish network policies to promote the recruitment of minority writers for staff and freelance writing positions, ensure that primetime executive producers actively consider the employment of qualified minority writers, increase network development deals with minorityowned production companies, and to prohibit the practice of racially identifying writing samples for televisions series. The agreements include an active and public initiative by the networks to seek qualified minorities in directing and writing positions and require network-casting directors to employ non-traditional casting methods and equal opportunity and diversity in casting decisions. Each network agreed to increase the number of minority vendors used for goods and services such as food, manufactured goods, office supplies and services, transportation and construction. The networks agreed to increase their use of minority-owned firms for advertising and marketing needs and increase commercial time bought for programming in African-American, Asian American and Hispanic media. Also, pursuant to the agreements, each network committed to the appointment of Vice Presidents of Diversity empowered with sufficient resources to oversee the implementation of these diversity initiatives and agreed to appoint a minority member on their board of directors. Finally, understanding the agreements were not all-inclusive but rather an emerging commitment towards a mutual goal, each memorandum includes a commitment by the network to engage and continue a dialogue with the Association and its coalition partners, to refashion and fine tune where necessary some of the initiatives, recognizing that the landscape of the industry in an increasingly electronic world is ever changing. OUT of FOCUS - OUT of SYNC TAKE 3 13

V.

THREE-YEAR END NUMERICAL RESULTS

The events of September 11th proved to be a tragic wake up call to the vulnerability of this nation's citizens from attacks of hatred and extremism. The unshakable devastation that occurred in those morning hours continues to reverberate throughout all walks of life, as the uncertainties about the economy, the future of the Middle East, trade relations and the threat of new acts of domestic terrorism permeate all forms of business, industry and commerce. This is even truer today after the completion of America's second war against Iraq and the continued instability of that region. As expected, the television and entertainment industries were no less affected. In the three years since the agreements were signed, all four networks have voluntarily submitted periodic reports as to the state of their efforts to achieve greater diversity and foster inclusion. This reporting, broken down by network, and the discussion immediately following it are based on data obtained through July 2003 including information relating to all three fall television seasons since the agreements were executed.

A. Fox
1. Acting As compared to the 1999-2000 season, where there were no reported minorities in a starring or leading role in any of Foxs new primetime series, the three years after the agreements yielded the following results: Fox reported that in its 2000-2001 television season, 41percent of its actors were people of color. Of that total number, approximately 24.8 percent were African American, 6.4 percent were Hispanic, 4 percent were Asian American and 1.6 percent were Native American. In its 2001-2002 season, reportedly 31.4 percent of the actors on Fox were people of color, down from the 41 percent reported in the preceding season. Of the total number of actors, approximately 19.79 percent were African American (down from 24.8 percent in the preceding season), 5.59 percent were Hispanic (down from 6.4 percent the preceding season), 5.59 percent were Asian American (up from 4 percent the preceding season), and 0.43 percent were Native American (down from 1.6 percent the preceding season). In the 2001-2002 season, the network reported that 16 Fox primetime shows included a regular African American character. They were: 24, Ally McBeal, Americas Most Wanted, The Bernie Mac Show, Boston Public, Dark Angel, Futurama, Mad TV, Undeclared, The X-Files, Temptation Island II, Love Cruise, The Rats, The Glow and American Embassy. Unfortunately, due to low ratings, at least four of these shows never survived their debut season.4 In the 2002-2003 season, the network reported that on its 20 primetime dramas and comedies, 16 featured a minority actor in a lead or recurring role. The network reported that a total of 72 lead roles were held by members of an ethnic minority.5 Of that number, 46 were African American, 15 were Latino, 9 were Asian American, and 2 were Native American. Also, in the 2002-2003 season, a total of 49 recurring roles were held by members of an ethnic minority. Of that number, 28 were African American, 13 were Latino, 8 were Asian American and none were Native American.6 On its 4 unscripted shows in 2002, American Idol 1 & 2, 30 Seconds to Fame, and Joe Millionaire, 12 judges or participants were African American, 3 were Latino and 1 was Latina/Arab-American.
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However, because no information was provided as to either the total number of regular roles or the total number of recurring roles on Foxs primetime lineup, the respective percentages of minorities on its acting staff and the networks relative progress this season as compared to others is indeterminable. It is important to mention that given the seven fewer primetime hours on Foxs schedule, its 2002-2003 season employment of 121 lead and recurring minority cast members is significant.7 2. Directing In the 2000-2001 season, Fox reported that 15 percent of the total number of directors employed on its primetime schedule were directors of color, up from 5 percent in the 1999-2000 season. Based on information obtained from the Directors Guild of America for that season, Fox employed no minority directors on the following primetime series during the 2000-2001 season: Malcolm in the Middle, Boston Public and Dark Angel.8 In the 2001-2002 season, the network reported that 20 percent of the total number of directors used in Foxs primetime schedule were directors of color, an increase of 5 percent from the preceding season. Of the total number of directors, approximately 5.88 percent were African American, 4.12 percent were Hispanic, and 10 percent were Asian American. These figures vary significantly from an independent study conducted by Dr. Chon Noriega and UCLA, which also tracked the percentage of episodes directed by minorities during the 20012002 season. However, while the UCLA study found that Foxs number of minority directors were low, it distinguished the network from its competitors by FOX African Americans 5.88 % noting that Fox nevertheless UCLA African Americans6 3.40 % accounted for 57.6 percent FOX Hispanic 4.12 % of all minority hires among directors that year. UCLA Hispanic 2.40 % In the 2002-2003 season, 10.00 % FOX Asian Americans the network reported that it 5.80% UCLA Asian Americans increased significantly the UCLA Study 0.00% FOX Native Americans Fox Reported number of episodes directed 0.00% UCLA Native Americans by people of color. On its 23 FOX Total 20.00 % primetime shows (episodic UCLA Total 11.60 % and unscripted series), Fox reported that 27 directors of color directed 81 total 2001 Season Fox Primetime Directing Positions episodes of Fox primetime programming. Of that number, 14 directors were African Americans directing a total of 38 episodes, 7 were Asian American directing a total of 31 episodes, and 6 were Latino directing a total of 12 episodes. However, because no information was given as to the total number of episodes directed, we are unable to determine the relative percentage of minority take of directing jobs at the network or the progress, if any, from the prior years.
9

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According to the latest report from the DGA, which studied the top 40 shows on the four big broadcast networks, Foxs 24 did not employ any minority directors during the 2002-2003 season, distinguishing itself as one of 13 top 40 shows that failed to do so. On the other side, according to the study, approximately 68% of directors on Foxs The Bernie Mac Show were minority. Finally, as was the case in each of the networks, there were no Native American directors during any of the last three fall television seasons. 3. Writing & Producing In the 2000-2001 season, the network reported that of the total number of writers employed on its primetime schedule, approximately 25 percent were minority, up from 5 percent the preceding year. Of the total number of writers employed, 15.5 percent were African American, 6 percent were Hispanic, 1.5 percent were Asian American and 1 percent was Native American. In the 2001-2002 season, of the total number of writers/producers employed, Fox reported that 17.2 percent were minority, down from 25 percent in the preceding season. Of that number, 10.32 percent were African American, 2.99 percent were Hispanic, and 3.44 percent were Asian American. There were no reported Native American writers/producers at Fox in that season. These numbers vary significantly from the information compiled by Dr. Noriega in his 2002 UCLA report where he found that only 12.5 percent of the writing positions at the network in 2001 were occupied by writers of color and of that number, only 7.1 percent were African American, 3.3 percent were Hispanic, 1.6 percent were Asian American and 0.5 percent were Native American.10 In the 2002-2003 season, the network reported an impressive increase in the number of minorities on Foxs primetime writing staffs. Out of the 23 series (episodic and unscripted) airing on its primetime lineup, 20 of them employed at least one minority writer. Out of a total of 168 writers employed by the network for 2002-2003, approximately 24.4 percent were members of an ethnic minority, up from 17.2 % in the 2001-2002 season. Of that number, 18.15 % were African American (up from 10.32% in the Fox 2001 UCLA 2001 Fox 2002 preceding season), 3.57 % were African 18.15% 10.32% 7.10% Asian American (down from 3.44 American % in the preceding season) and 3.30% 2.68 % were Latino (down from Hispanic 2.99% 2.68% 2.99% in the preceding season). 3.57% Additionally, the network Asian 3.44% American 1.60% employed 3.5 African American writing assistants, 3.5 Asian Native 0.50% American writing assistants and 3 American Latino writing assistants in the 2002-2003 season. There were 17.20% 24.40% 12.50% Total no Native Americans in any Fox 2001 UCLA 2001 Fox 2002 Legend writing position at the network during the 2002-2003 season. Fox Primetime Schedule Writing Positions
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4. Recruitment & Outreach Initiatives. To create on-air opportunities for minorities, the network continued to invest in their Diversity Talent Showcases. To date, Fox reports that 30 actors have received calls from the showcases, resulting in more than 75 meetings or auditions. From that number, 13 actors have been cast in 17 roles at Fox entities, including the Fox network, the studio group, the networks cable channels and its film division. Recognizing that the number of minority writers and producers in broadcast television as a whole continued to remain stagnant, Fox took the lead in instituting a number of programs and initiatives designed to identify and train writers of color for careers in network television. In Fall 2001, the network instituted its Writers Initiative, accepting 447 submissions from which 100 writers obtained meetings with Fox creative executives and 15 were selected for Foxs Writers Assistant program. Continuing on the success of the program, in 2002, Fox increased the number of submissions and recommendations of minority writers as Fox staff writers, resulting in over 40 individuals staffed on the networks series as writers/producers and writers assistants. The network also conducted a Writers Boot Camp, where 17 diverse writers undergo an intensive 5-week writing course designed to improve their spec scriptwriting abilities. The network reports that from the initial pool of 17 writers, 8 were chosen to continue in a special mentoring program and then be added to the networks pool for staffing needs on Fox shows. 5. Development Deals Unlike some of its counterparts, Fox network declined to provide comprehensive development deal information claiming that such information is proprietary in nature. However, the network provided at least 2 examples of such deals with minority talent: one negotiated this year by Fox Broadcasting Company with a veteran character actor of American Latino descent (Puerto Rican) to develop a Latin-themed comedic series and one negotiated by the drama development team at 20th Century Fox Television with a legendary Hong Kong action filmmaker/director and his production partner. 6. Procurement In FY 2001, the network spent $13.99 million with minority vendors for goods and services, representing a 32 % increase from its $10.60 million spend with minority vendors in FY 2000. In FY 2002, Fox reports that its spending with diverse suppliers increased 35.1 percent from the prior year to $18.9 million. However, because the network failed to provide information as to the total spent on goods and services, we are unable to determine the percentage spent with minority vendors. 7. Executive Fox reported in June 2001 that 27 % of its managerial level employees across all departments are ethnic minorities, including Latinos and Native Americans, and in 2002, that number reportedly increased to 29 %. Although its 2002 hiring and recruitment was constrained by the companys year-long hiring freeze instituted in the months following the events of September 11th, last year, Fox hired two prominent persons of color in top

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management positions, Pauline OCon as Vice President of Drama Casting for Fox Broadcasting Company and Sonya McNair as Vice President of Publicity and Corporate Communications for Fox Broadcasting Company. Also, in programming, which includes alternative and comedy development, two Asian Americans were internally promoted to prominent positions: Quan Phung was promoted to VP of Comedy Development and Wenda Fong assumed the position of VP Alternative Programming. By way of comparison, the network reported that in May 2002, out of 16 executives in its creative department, only three were members of a racial or ethnic minority. Since then, the network has added two minorities as programming executives, making a total of 5 minorities (31.25 %) out of a total 16 in a creative executive position.11 Consistent with the NAACPs concerns for eligible minority recruits for network executive positions, Fox initiated a series of creative programs to train and recruit candidates for careers in network television. In an effort to address the persistent dearth of Native Americans in the broadcast television industry, in August 2002, Fox initiated a pilot program for 15 American Indian students to be housed at the University of California Los Angeles to spend a week learning about the entertainment industry from both the administrative and creative perspective. These types of programs are meant to engage Native American youth in the entertainment industry at an age when they are ripe and eligible for industry internships and mentoring programs. For example, Fox also operates a diversity development program which selects minority candidates for intense leadership training in areas such as advertising, creative, marketing production, sports, news or new business development and its Diversity College Intern program was created to identify college students as network interns. As these are newly created programs, the long-term effectiveness of the programs and their ability to place individuals in permanent positions still cannot be determined at this time. Diversity has been made a core factor in performance evaluations since the year 2000 and Fox managers are assessed based on the following criteria: recruitment, hiring, outreach, training and development and culture change. However, the Association has no information at this time as to whether this mechanism, as an incentive for diversity, has aided in the effort to achieve greater diversity in executive positions. Finally, Fox added a minority board member to its board of directors since the agreements were signed. Presently, only one minority director (an African American male) serves on Fox Entertainment networks 8-member board of directors, representing a minority membership of 12.5%.

B. CBS
1. Acting On air, CBS reported that the number of African American actors in regular and recurring roles on its primetime schedule increased from 29 in the 2000-2001 season to 67 in the 20012002 season. Latino actors increased from 7 in the 2000-2001 season to 16 in the 2001-2002 season and Asian American actors increased from 4 in the 2000-2001 season to 13 in the 2001-2002 season, representing a 41.6% increase in minorities in regular and recurring roles. The network did not provide information as to the total number of actors employed in the 2001-2002 season, however, according to the aforementioned UCLA study of that season,

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CBSs employment of minorities in regular or recurring roles overall was impressive. The study found that a total of 32.4 percent of such roles were held by minorities, 23 percent were held by African Americans, 5.5 percent were held by Latinos, and 3.9 percent were Asian Americans.12 The study failed to acknowledge that CBS was the only network that season with a Native American in a lead role in the now-cancelled Wolf Lake, which had a brief run on CBS sister station UPN. Although 2 other Native Americans were employed by CBS in guest roles in 2001, there were no reported Native Americans in any other creative position either in front of or behind the camera on CBS primetime schedule that year. In the 2002-2003 season, the network reported that the number of diverse cast members employed in regular and recurring roles on its primetime lineup (including the networks reality programming) changed slightly. The number of African Americans in a regular or recurring role on CBS increased from 67 in the 2001-2002 season to 69 in the 2002-2003 season; the number of Asian Americans in such roles increased from 13 in the 2001-2002 season to 14 in the 2002-2003 season; the number of Latinos in such roles decreased slightly from 16 in the 2001-2002 season to 15 in the 2002-2003 season; and the number of Native Americans in regular and recurring roles increased from 0 in the 2001-2002 season to 1 in the 2002-2003 season. As to regular roles only (excluding reality programming) in the 2002-2003 season, CBS reported that the number 29 African American of such roles for increased for African 7 Hispanic American and Latino actors. African American actors in regular roles 4 Asian American increased from 17.6 percent to 20 and 0 Native American the number of Latino actors in regular 40 Total roles increased 100 percent from 2 in the 2001-2002 season to 4 in the 67 African American 2002-2003 season. The network also 16 Hispanic reported that it cast 269 African 13 Asian American American actors, 61 Asian American 0 Native American actors, 140 Latino actors and 2 Native 94 Total American actors in a guest role in the 2002-2003 season. Lastly, like the other networks, CBS 69 African American placed minorities in prominent roles on 15 Hispanic its reality programming. There was a 14 Asian American 47 percent increase in minority on-air 1 Native American participation from the 2001-2002 season 99 Total to the 2002-2003 season and the hosts of two of the networks reality programs Three-Year Comparison Number of Minorities Reported in Regular & are minorities, one Asian American and Recurring Roles on CBS Primetime Schedule one African American. 2002-2003 2001-2002 2000-2001 OUT of FOCUS - OUT of SYNC TAKE 3 19

Because no information was provided as to the total number of actors employed by the network either during the 2001-2002 or the 2002-2003 television season, we are unable to determine the relative progress of each ethnic subgroup in the past year. 2. Writing/Producing In writing and producing, CBS reported that the number of African American writers decreased from 9 in the 2000-2001 season to 6 in the 2001-2002 season; the number of Latino writers employed by the network remained unchanged at 5 in the 2000-2001 season and 5 in the 2001-2002 season; and the number of Asian American writers remained unchanged at 2 in the 2000-2001 season and 2 in the 2001-2002 season. In the 2001-2002 season, CBS reported that its primetime schedule consisted of four African American co-executive producers, two Latino co-executive producers, one Latino executive producer, and one Asian American co-executive producer. Although the total number of writers employed by the network in the 2001-2002 season was not provided, according to the UCLA study performed by Dr. Chon Noriega, only 5.3 percent of writers employed on the networks primetime schedule were ethnic minorities, on par with both ABC (5.1 percent) and NBC (5.5 percent). The study found that only 2.4 percent of CBSs writers in 2001 were African American, 0.5 percent were Asian American and 2.4 percent were Latino.13 In the 2002-2003 season, the number of African American writers reportedly increased from 6 to 9; the number of Latino writers decreased from 5 in the 2001-2002 season to 4 in the 9 African American 2002-2003 season; and the number of Asian 5 Hispanic American writers remained unchanged at 2. 2 Asian American In the 2002-2003 season, the network 0 Native American reported that its primetime schedule consisted 16 Total of 6 African American producers (4 of which were either Executive Producers or CoExecutive Producers), 3 Latino producers (2 of 6 African American which were either Executive Producers or Co5 Hispanic Executive Producers), and 3 Asian American 2 Asian American producers (2 of which were Co-Executive 0 Native American Producers). 13 Total CBS reported that the above numbers from the 2001-2002 season to the 20029 African American 2003 season represents an increase of 37.5 4 Hispanic % in the number of episodes written by 2 Asian American African American writers (from 16 episodes 0 Native American to 22 episodes) and an increase of 600% in 14 Total the number of episodes written by Asian Americans (from 2 episodes to 14 episodes). Three-Year Comparison Number of Minority Writers Reported on CBS Primetime Schedule
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2002-2003

2001-2002

2000-2001

3. Directing In directing, the network employed only 9 African American directors and 1 Latino director during the 2000-2001 television season. No Asian American or Native American directors were employed that year. Based on information obtained from an independent study performed by the Directors Guild of America, during the 2000-2001 season, CBS employed no minority directors on any of the following primetime shows: Becker, Judging Amy, Yes Dear and Big Apple.14 In the 2001-2002 season, the network reported that the number of African American directors employed decreased from 9 in the 2000-2001 season to 7 in the 2001-2002 season; the number of Latino directors increased from 1 in the 2000-2001 season to 2 in the 2001-2002 season; and the number of Asian American directors increased to 0 in the 2000-2001 season to 2 in the 20012002 season. Again, because no information was provided as to the total number of directors employed by the network during the 2001-2002 season, we are unable to determine the relative percentage representation of each ethnic subgroup although it is safe to presume that progress in this area was low to negligible. Indeed, as was found by the UCLA study, of the total number of episodes on CBSs 20012002 primetime schedule, only 4.2 percent were directed by minority directors. Unfortunately, with even such a low percentage of minority directors, CBS was found to be in second place of the four networks in this area, ahead of NBC (2.3%)and ABC (1.0%). Of the total number of directors employed that year, the study found that 2.7 percent were African American, 0.8 percent were Asian American, 0.9 percent were Latino and none were Native American.15 For the 2002-2003 season the network reported that the number of African American directors 9 African American increased from 7 in the 2001-2002 season to 10 in 1 Hispanic the 2002-2003 season; the number of Asian 0 Asian American American directors remained unchanged at 2; and 0 Native American the number of Latino directors increased from 2 in 10 Total the 2001-2002 season to 5 in the 2002-2003 season (representing a 133.3% increase in the number of 7 African American episodes directed by Latinos). Like the other 2 Hispanic networks, there were no Native American directors 2 Asian American employed by CBS during the 2002 2003 television 0 Native American season. 11 Total According to the latest report by the DGA, CBSs hits CSI: Miami and Yes, Dear distinguished 10 African American themselves as two out of 13 top 40 shows on the four biggest broadcast networks that failed to 5 Hispanic employ a single minority director during the 20022 Asian American 2003 season. The report also cited Everybody Loves 0 Native American Raymond, JAG, The King of Queens, and CSI: Crime 17 Total Scene Investigation as four other CBS shows that have demonstrated only token efforts in the hiring of Three-Year Comparison minority directors in the 2002-2003 season. Number of Minority Directors Reported on CBS Primetime Schedule 2002-2003 2001-2002 2000-2001 OUT of FOCUS - OUT of SYNC TAKE 3 21

4. Recruitment & Outreach Like its counterparts, CBS has hosted a series of minority showcases to identify qualified men and women of color in acting, writing and directing. Such showcases have been highly praised by participants and attendees alike who experience greater exposure to key industry executives and casting directors. As of March 2003, the network reported that such showcases have translated into employment for many of the participants. In the networks January 2002 showcase with East West Players, an Asian American theater company, 160 submissions were accepted, leading to 15 participants, 49 auditions and 16 engagements for work. In the networks June 12, 2002 talent showcase with Nosotros, the Latino performing arts support organization founded by Ricardo Montalban, 700 submissions were accepted from which 23 participants were selected, 66 auditions were held and 16 engagements were made. In the networks October 23, 2002 showcase with American Indians in Film and Television, 250 submissions were accepted from which 12 participants were selected, 25 auditions held and 2 engagements resulted. In the networks January 15, 2003 showcase with The Robey Theatre Company, an African American drama group co-founded by Danny Glover, 2000 submissions were received, 23 participants selected, 54 auditions held resulting in 11 engagements. One of the African American actors featured in the Robey Theatre showcase was Morocco Omari whose performance in the showcase directly led to his recent inclusion on the cast of CBSs new show Joan of Arcadia (debuting in the Fall 2003-2004 season) as a recurring character. In addition to such talent showcases, CBS Internship Program and Page Program continue to bear fruit. The network reports that of the 2002 Internship Program, 41% are comprised of minorities students (14% African American, 10% Latino, 13% Asian American and 4% Native American). The network reports that of the 66 pages currently participating in the CBS Page program, a well-known avenue into a long-term network career, a total of 45% are minority, 24% African American, 14% Latino and 8% Asian American. 5. Development Deals CBS has also made notable progress by entering into a series of highly coveted development deals with minorities in the industry. Such deals with men and women of color, which traditionally were graced upon only the select few of the majority, have generally increased at each network since the Associations current initiative. In the 2001-2002 development season, CBS reported that it currently has development deals with 5 African Americans and 5 Latinos for the development of episodic series as well as several other development deals with African Americans and Latinos for the development of CBS movies and miniseries. In the 2002-2003 season, the networks interest in African American creative talent broadened still. As of March 2003, the network reported that in movies and mini series, it entered into 11 development deals with African Americans, 1 development deal with a Latino, 1 development deal with an Asian American and 2 development deals with Native Americans. For the development of episodic series, the network entered into 5 development deals with African Americans and 1 development deal with a Latino writer.

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Leslie Moonves, CBS Chairman and CEO becomes the only network head to address the issue of TV diversity at the Coalition's original hearings in 1999.

6. Executive In her third full year as CBS Senior Vice President of Diversity, Josie Thomas reports that the company continues to make diversity a priority at the network. In June 2002, the network reported that 35 percent of CBS new hires at the managerial level were minorities. At the executive level, CBS claims that it continues to promote qualified men and women of color to key network positions and holding them to the principles of the memorandum of understanding through its executive compensation policy which ties progress in hiring a diverse workforce to individual bonus awards. Joining the growing presence of minority executives at the networks highest levels, the network recently promoted Bela Bajaria, an Asian American, to Senior Vice President of Movies and Mini Series and promoted Sandy Williams, an African American, to Vice President of the Law Department in charge of the entire West Coast Law Department. Significantly, to date, the three of the top four development executives at CBS are people of color. In the key roles of identifying, developing and greenlighting drama series, movies and mini series, and reality programs, CBS has distinguished itself by having the highest percentage of diverse development executives of all of the networks. Like some of its counterparts, CBS does not have a separate Board of Directors; however, Viacom, its parent company, has a 17-member Board of Directors, which includes only one minority member, an African American male. 7. Procurement In supplier diversity, the network reports that its FY02 spend with diverse suppliers surpassed FY01 spend by 37 percent. Unlike the other networks surveyed, CBS was unable to report the actual amount spent with minority vendors or what percent of the total was spent with minority vendors in FY02. As one division of Viacom, CBS' purchasing is primarily directed by the larger corporate structure which makes purchases for the corporation as a whole. As such, CBS is

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unable to separately identify the total CBS-related spend with minority suppliers. However, the network reports that it has increased its database of minority vendors via various outreach initiatives, reporting that its database of Hispanic suppliers has increased by 200 percent.

C. NBC
1. Acting During the 1999-2000 season, the year that provoked the NAACPs current initiative, reportedly, there were 35 minorities in a regular or recurring role. Of that number, 21 were African American, 8 were Hispanic and 6 were Asian American. During the Fall 2000-2001 season, the total number of regular and recurring roles held by actors of color on the networks primetime schedule increased to 42. Of that number, 24 were African American, 10 were Hispanic and 8 were Asian American. During the Fall 2001-2002 season, the number of regular and recurring roles held by actors of color on its primetime series increased again to 54, representing an increase of 29%. Of that number, 32 were African American (up from 24 in the preceding season), 13 were Hispanic (up from 10 in the preceding season) and 9 were Asian American (up from 8 in the preceding season). For 2001, the network reported that 29 (20.57 %) out of a total 141 regular roles only were held by actors of color. Of that number, 19 (13.48 %) were African American, 6 (4.26 %) were Hispanic, 4 (2.84 %) were Asian American and none were Native American. The network also reported that 25 recurring roles were held by actors of color. Of that number, 13 were 24 African American African Americans, 7 were Hispanic, 5 were 10 Hispanic Asian American and none were Native 8 Asian American American. 0 Native American The network provided information for 42 Total 2001 differed some from Dr. Noriega and UCLAs study, where NBC was put in last 32 African American place of the four networks with only 21.3 13 Hispanic percent of the total regular and recurring roles 9 Asian American on its 2001 primetime schedule held by 0 Native American minorities. Of that number, the study found 54 Total that 12.1 percent were African American, 4.4 percent were Latino and 4.8 percent were Asian American. No Native American actors 41 African American were employed that year in a regular or 25 Hispanic recurring role.16 12 Asian American In the Fall of the 2002-2003 season, the 3 Native American network reported that the total number of 81 Total regular and recurring roles held by actors of color on its primetime series increased to 81, Three-Year Comparison representing an increase of 50% from the Number of Minorities Reported in Regular & previous season. Of that number, 41 were Recurring Roles on NBC Primetime Schedule
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2002-2003

2001-2002

2000-2001

African American (up from 32 the previous season), 25 were Hispanic (up from 13 at the start of the previous season), 12 were Asian American (up from 9 at the start of the previous season) and 3 were Native American (up from none in the three preceding seasons). In the 2002-2003 season, the network reported that 42 (26.92 %) out of a total 156 regular roles were held by actors of color, which would represent an increase of almost 6.35 % from 2001-2002. Of that number, 21 (13.46 %) were African American, 16 (10.26 %) were Hispanic, 4 (2.56 %) were Asian American and 1 (0.64 %) were Native American. The network also reported that 39 recurring roles were held by actors of color. Of that number, 20 were African Americans, 9 were Hispanic, 8 were Asian American, and 2 was Native American. Again, because no information was provided as to the total number of regular and recurring roles on the networks 2002-2003 schedule, we are unable to determine the relative percentage representation of each ethnic subgroup on-air. 2. Writing/Producing In production, the network reported that in the 2000-2001 season, only 18 of the networks writers/producers were minorities. Of that number, 13 were African American and 5 were Asian American and there were no Latino or Native Americans. The network reported that in the 2001-2002 season, only 21 of the networks writers/producers were minorities. Of that number, 12 were African American, 6 were Asian American and 3 were Latino. No information was provided by the network as to the total number of writers or 13 African American producers for 2001. However, according to the 0 Hispanic UCLA study, only 5.5 percent of the writers on 5 Asian American NBCs primetime schedule were members of an 0 Native American ethnic minority. Of the total number of writers, 18 Total only 4.1 percent were African American and only 1.4 percent were Asian American. The 12 African American study contradicted the information reported by the network, finding that there were no Latino 3 Hispanic writers employed by the network in the 20016 Asian American 17 2002 season. 0 Native American In the Fall of 2002, the network apparently 21 Total stepped up its commitment to increase minorities in writing or producing roles. The 20 African American network reported that it made a 71 % increase 8 Hispanic in writer/producer diversity from the Fall 20019 Asian American 2002 season, where in the 2002-2003 season, 0 Native American 100 % of the networks dramas (13 shows) 37 Total staffed at least one minority writer/producer, as did 64 % of the networks comedies (7 shows). Three-Year Comparison - Number of Minority The network reported that 37 of the networks Writers/Producers Reported on NBC writers and producers were minorities and of Primetime Schedule 2002-2003 2001-2002 2000-2001 OUT of FOCUS - OUT of SYNC TAKE 3 25

that number, 20 were African American, 9 were Asian American and 8 were Latino. Parsing out the number of writers only, 24 were minority, 11 of which were African American, 7 of which were Latino and 6 of which were Asian American. Because the network failed to provide the total number of writers/producers employed by the network during either the 2001 or 2002 seasons, we are unable to determine the relative percentage representations of each ethnic subgroup. Notably, NBC became the only network in the 2002-2003 season to air an American Indian produced program when on April 19, 2003, it broadcasted The World of American Indian Dance. 3. Directing In directing, NBC reported that 33 out of a total of 438 episodes on the networks 2000-2001 primetime schedule were directed by minorities, representing 7.5 percent. Of that number, 13 were directed by an African American, 5 were directed by an Asian American, 11 were directed by a Latino and 4 were directed by a Native American. Based on information obtained from an independent study performed by the Directors Guild of America, during the 2000-2001 season, NBC employed no minority directors on any of the following primetime shows: Friends, Law & 18 Order, Will & Grace, Providence and Ed. The network reported that for the 2001-2002 season, 31 (7.7 %) out of a total of 403 episodes on NBCs 2001-2002 primetime schedule were directed by minorities, 13 African American representing a slight increase from the 11 Hispanic preceding season. Of that number, 16 were 5 Asian American African American (up from 13 in the 4 Native American preceding season), 2 were Asian American 33 Total (down from 5 in the preceding season), 13 were Latino (up from 11 in the preceding season) and none were Native American 16 African American (down from 4 in the preceding season). The 13 Hispanic networks information on directing in the 2 Asian American 2001-2002 differs considerably from the 0 Native American independent UCLA study finding that only 31 Total 2.3 percent of NBCs 2001 primetime episodes were directed by a minority. 26 African American In the 2002-2003 season, the network 14 Hispanic reported that 45 out of a total of 448 episodes 5 Asian American were directed by minorities, representing an 0 Native American increase to 10.0 %. Of that number, 26 45 Total episodes were directed by African Americans, 5 were directed by Asian Americans, 14 were directed by Latinos and none were directed by Three-Year Comparison Native Americans. Number of Minority Directed Episodes on NBC Primetime Schedule Although the networks progress in
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2002-2003

2001-2002

2000-2001

NBC becomes first network to sign TV diversity pact. NAACP President & CEO Kweisi Mfume and NBC Chairman & CEO Bob Wright jointly announce the agreement.

directing in the 2002-2003 season represented an increase of 36.36% as compared to the networks performance during the 1999-2000 season, still only 10% of the episodes on the networks schedule last year were directed by minorities. According to the latest report by the DGA on the 2002-2003 season, NBC hit Friends distinguished itself as one of the top 40 shows that have demonstrated a lack of effort in the employment of minority directors, unlike NBCs Third Watch, Frasier, and ER, which were cited in the study as having made great strides during that season in the employment of minority directors. 4. Recruitment & Outreach Like the other networks, NBC hosted a series of talent showcases to identify minority creative talent. For example, the network held a talent showcase at Asian American theater group East West Players which was attended by industry executives, talent agents and managers; held 3 showcases for Hispanic stand-up comedians which were attended by industry and network executives; featured 13 African American, 12 Hispanic and 8 Asian American performers at OUT of FOCUS - OUT of SYNC TAKE 3 27

PSNBC; sponsored a showcase for Latino comic al Madrigal and Iranian comic Omid Djalili (both of which were cast in 2002-2003 pilots); and sponsored a showcase for African American comic Katt Williams who was signed to a development deal, cast in a 2002-2003 season pilot and is now cast as a series regular on The Tracy Morgan Show on the networks 2003-2004 season schedule. Finally, the networks Review and Referral Process for the staffing of minority writers for new and returning series yielded encouraging results. The effort, which is staffed by a manager to oversee the process, yielding the following: 105 minority writers were read, 40 were referred to shows and 19 were hired. 5. Development Deals No information was provided as to the number of development deals the networks executed in the 2002-2003 development season or the number of such deals made with minority creative talent. 6. Procurement Pursuant to its agreement to increase spending with minority vendors, in FY00, NBC pledged to spend at least $10 million in the purchase of goods and services with minority vendors. By years end, the network reported that it had spent $10.4 million with minority vendors out of a total of $20.2 million spent with MWBEs. In FY01, the network reported that although its total spend with MWBEs increased slightly to $20.4 million, its total spend with minority vendors decreased to $9.7 million. In FY02, the network reported that out of a total $25.7 million spent with MWBEs, $13.8 million was spent with minority vendors. No information was provided as to the total amount spent by the network for goods and services in any of the three reporting years and as such, we are unable to determine the percentage take by minority vendors. 7. Executive The network reported that in its Associates Programs, 22 of the 47 Associates are minorities (representing 47%), 8 of which are African Americans, 4 of which are Hispanic, and 10 of which are Asian American. However, unlike some of its counterparts, NBC did not provide information as to its recent efforts in diversifying its corporate and executive ranks or the percentage of minority hires in the past 3 years on the director level and above. As to the networks Board of Directors, although NBC does not have its own separate board, its parent company, GE currently has a 17-member board of directors that includes two African American directors, 1 Asian American director and 1 Hispanic director.

D. ABC
1. Acting In ABCs 2000-2001 television season, the first year after the agreements were signed, the network reported only that the number of minorities on-air increased to 35 actors on its primetime schedule. No information was provided that year as to the total number of actors employed on the networks primetime schedule or the breakdown by race of minority representation.

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In the 2001-2002 season, ABC submitted more complete reports with detailed breakdowns of their on-air roles (including regular, recurring and guest roles), revealing that 16.8 percent of its total number of regular, recurring and guest roles were African American, 2.2 percent were Asian Americans, 6.4 percent were Latino, and 0.3 percent were Native American. Minority actors overall made up 25.6 percent of the actors employed on ABC primetime scripted comedies and dramas and reality programming, while 74.4 percent were majority. For minority actors holding regular and recurring roles at the network in the 2001-2002 season, 45 (19.31%) were African American, 3 (1.29 %) were Asian American, 17 (7.30 %) were Latino and 1 (0.43 %) was Native American. Of the total number of regular and recurring roles on ABCs 2001-2002 primetime schedule, 66 (28.20 %) were minority. Of the total number of regular roles at ABC in the 2001-2002 season, 36 were held by minorities: 22 African Americans, 2 Asian Americans and 12 Latinos. Of the total number of recurring roles in 2001, 30 were held by minorities: 23 African Americans, 1 Asian American, 5 Latinos and 1 Native American. Notable additions to ABCs 2001-2002 primetime schedule were the African American familybased half hour comedy, My Wife and Kids, featuring Damon Wayans and the mid-season replacement show, The George Lopez Show, Latino stand-up comedian and radio personality. Both shows were picked up for additional seasons and have proven to be significant staples in ABCs Wednesday night lineup; My Wife and Kids is now a top25 show. In the 2002-2003 season, the network reported that the percentage of primetime minority representation on-air in regular, recurring and guest roles declined to 25.1 45 African American percent with the cancellation of ensemble cast shows 17 Hispanic Philly, The Job and The Court. 3 Asian American In the 2002-2003 season, the network reported that a 1 Native American total of 26.24 percent of regular and recurring roles on 66 Total ABCs primetime programs were held by minorities. Out of the 74 such roles held by minorities, 43 (15.25 % of total) were African American, 6 (2.13 % of total) were 43 African American Asian American, 24 (8.51 % of total) were Latino and 1 24 Hispanic (0.35 % of total) was Native American. 6 Asian American Of the total number of regular roles on ABC during the 1 Native American 2002-2003 season, 33 were held by minorities: 20 African 74 Total Americans, 1 Asian Americans, 11 Latinos and 1 Native American. Of the total number of recurring roles at the Two-Year Comparison network in the 2002-2003 season, 41 were held by Number of Minorities Reported minorities: 23 African Americans, 5 Asian American, 13 in Regular & Recurring Roles on ABC Primetime Schedule19 Latinos and no Native Americans. 2. Writing/Producing In writing, the networks performance is as follows: According to information provided as of March 2001 regarding the state of minority writing and producing at ABC during the 2000-2001 2002-2003 2001-2002

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season, that year ABC employed a total of 12 minority writers, 7 of which were African American, 1 was Latino, 3 were Asian American and 1 was Native American. According to information provided as of April 2002 regarding the state of minority writing and producing at ABC during the 2001-2002 season, ABC employed 11 minority writers 7 African American (down from 12 in the preceding season), 6 were 1 Hispanic African American (down from 7 in the 3 Asian American preceding season), 2 were Asian American 1 Native American (down from 3 in the preceding season),and 3 12 Total were Latino (up from 1 in the preceding season) and none were Native American (down from 1 6 African American in the preceding season). 3 Hispanic In the 2002-2003 season, the network 2 Asian American reported that it employed a total of 19 minority 0 Native American writers. Of that number, 12 were African 11 Total American, 3 were Asian American and 4 were Hispanic. Facially the information indicates somewhat 12 African American of a progression in that 8 more minority writers 4 Hispanic were employed by the network in the 20023 Asian American 2003 season than in the preceding year, 0 Native American however no information was provided as to the 19 Total total number of writers employed in each of the three years following the agreement with the NAACP. As such, the Association is unable to Three-Year Comparison Number of Minority Writers gauge an accurate picture of the percentage of on ABC Primetime Schedule minority writers employed by the network relative to the whole. However, according to Dr. Noriega, in the 2001-2002 season, only 5.1 percent of ABCs primetime writers were members of an ethnic minority, 2.6 percent of which were African American, 1.5 percent of which were Latino, 1.0 percent of which were Asian American. In production, the networks performance is as follows: In the 2001-2002 season, reportedly, a total of 15 minority producers were employed by the network, 7 of which were African American, 5 of which were Asian American, 2 of which were Latino and one which was Native American. Three of ABCs executive producers for its primetime schedule were African American (My Wife and Kids, Philly and The Wayne Brady Show) and one co-executive producer was Latino (The Mole II). In the 2002-2003 season, ABC reported that it employed 20 minority producers on the networks primetime schedule (an increase of 33 %), 7 of which were African American, 4 of which were Asian American, 8 of which were Hispanic and 1 of which was Native American. There was one African American Executive Producer on My Wife and Kids, and one Hispanic Executive Producer on MDs, who reportedly is no longer with the show. Again, although the network reported that it increased the number of minority producers 33 percent (from 15 in the 2001-2002 season to 20 in the 2002-2003 season), no information was
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2002-2003

2001-2002

2000-2001

provided as to the total number of producers employed on the networks primetime schedules in either the 2001-2002 season or the 2002-2003 season so as to gauge the relative representation of minority producers at the network. 3. Directing During its 2000-2001 television season, ABC reported that 30% of its new comedy and drama programs had minority directors. According to the Directors Guild of America, ABC employed no minority directors at all on the following primetime series during the 2000-2001 television season: 20 The Drew Carey Show, What About Joan, Spin City and The Geena Davis Show. The following year, it employed 4 directors of color, 3 African Americans and 1 Latino. In the 2002-2003 season, the network reported that it employed 8 minority directors, 4 of which were African American, 1 of which was Asian American and 3 of which were Latino. No information was provided as to the number of primetime episodes directed by these minority directors. Because no information was provided as to the total number of directors employed by the network for any of the three years following the agreements, the Association is unable to determine ABCs relative progress in increasing opportunities for minority directors on its primetime schedule. Also, according to the latest report by the DGA on the 2002-2003 season, ABC show According to Jim distinguished itself by not hiring a single minority director during the entire season, although as a newer show, the network would have had the ability to exercise greater influence over the shows emphasis on the employment of minorities in key creative positions. 4. Recruitment & Outreach Like all of the other networks, ABC hosted a series of talent showcases to increase the diversity of its casting pool. In conjunction with SAG, ABC launched the Casting Project and to date, has hosted a total of 10 showcases since October 2001 in a variety of geographic locations, such as New York, Chicago and Los Angeles. ABC reports that a majority of the participating talent have experienced significant new opportunities as a result of the showcases. To date, from the 10 talent showcases, 254 actors have been called to read for existing programs on the network, its cable channels or for pilots, 32 actors have been cast in an ABC/Disney show and an impressive 17 showcase participants have landed regular or recurring series roles. Such successes are directly attributable to the networks commitment of considerable resources and staff to these showcases. Not only has the network produced a total of 10 such showcases to date, two ABC executives, Carmen Smith, Vice President Talent Development and Keli Lee, Senior Vice President, Casting, produce the showcases for the network and are assisted by a team of 4 other professionals dedicated to casting, scripting, props, wardrobe, set-ups, etc. The networks future schedule includes additional showcases in such geographic diverse locations as San Antonio and Atlanta to increase awareness and diversity of its participants and the NAACP looks forward to receiving continuing reports of success from ABCs Casting Project. In an effort to increase diversity on the networks writing staffs, the networks Writers Development Program has resulted in five minority writing fellows selected as staff writers on Fall 2002-2003 shows either on the network or its cable channels. OUT of FOCUS - OUT of SYNC TAKE 3 31

Presumably in an effort to address the networks minority directing drop off, the network has instituted a new program to create opportunities for seasoned minority directors. The three-phase plan includes interviews with ABC production executives, follow-on meetings with executive producers and directors, and shadow assignments on ABC shows. The network reports that one of the programs participants, an African American director received an assignment to develop an episode of Lost at Home. 5. Development Deals ABC reported that in 2001-2002, it entered into development deals with 10 persons of color, 3 of which were African American, 6 Latino and 1 Native American. ABC was the only network to provide a somewhat comprehensive list of development deals entered into this past year with minority creative talent. As of May 2003, the network reported that it entered into development deals with 32 minorities (representing 14% of the total number of development deals that year and an increase of 220% from the prior year), 11 African Americans, 3 Asian Americans and 18 Latinos. 6. Procurement For FY01, ABC reported that it spent only 3.25 percent of its total procurement controllable expenditures with minority vendors. Of that amount, 2.23 percent represented direct spend with MBEs and 1.03 percent was spent via 2nd tier spending. For FY02, the network reported that a reduction in spend across all sectors of the network, resulted in a 10 percent decrease from the preceding year. Total MBE spend in FY 2002 amounted to $9.1 million or just 2.92 percent of the networks total spend (representing a decrease of 0.33 percent from FY01). 7. Executive In 2001, as a result of the networks focus on increasing diversity in its corporate ranks, the network reported that 33 percent of all new hires were members of an ethnic minority. In 2002, the network reported that the number decreased slightly to 32 percent of all new hires. The network also reported that in 2001, 28 percent of its internal promotions went to members of an ethnic minority, whereas in 2002, that number increased to 29 percent, including the promotion of 4 African Americans, 3 Asian Americans and 1 Latino to a directorial or managerial position. Finally, ABC parent company, Walt Disneys Board of Directors was recently restructured from a 17-member Board down to a 13-member Board, following the retirement of two long-time African American board members Sidney Poitier and Reveta Bowers. Of the 13 current members on Walt Disneys Board, only one member is an ethnic minority, Monica C. Lozano who is Hispanic and joined the companys board of directors in September 2000.

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VI.

RECAP OF 2002-2003 PRIMETIME TELEVISION SEASON HIGHLIGHTS


Number of Minorities in 2002-2003 Primetime Regular & Recurring Roles ABC African American Asian American Hispanic/Latino Native American Total 43 6 24 1 74 CBS 69 14 15 1 99 Fox 74 17 28 2 121 NBC 41 12 25 3 81

Number of Minorities in 2002-2003 Primetime Regular/Leading Roles ABC 20 1 11 1 33 CBS 20 0 4 0 24 Fox 46 15 9 2 72 NBC 21 4 16 1 42

African American Asian American Hispanic/Latino Native American Total

Number of Minorities in 2002-2003 Primetime Recurring Roles ABC 23 5 13 0 41 CBS 49 14 11 1 75 Fox 28 13 8 0 49 NBC 20 8 9 2 39

African American Asian American Hispanic/Latino Native American Total

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Number of Minority Directors in 2002-2003 Primetime Schedule

African American Asian American Hispanic/Latino Native American Total

ABC 4 1 3 0 8

CBS 10 2 5 0 17

Fox 14 7 6 0 27

NBC n/a n/a n/a n/a n/a

Number of Minority Writers in 2002-2003 Primetime Schedule ABC 12 3 4 0 19 CBS 9 2 4 0 14 Fox 30.5 6 4.5 0 41 NBC 11 6 7 0 24

African American Asian American Hispanic/Latino Native American Total

FY 02 Procurement Spent with Minority Suppliers

$18.9 MM $9.1 MM

n/a

$13.8 MM

ABC

CBS

Fox

NBC

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VII. DISCUSSION OF NETWORK EFFORTS THROUGH FALL 2002-2003 SEASON


Overall, the networks have incrementally increased their efforts in the employment of minorities in television in the three years since the agreements were signed. Their efforts have translated quickest in front of the camera in the area of acting, which was most evident during the 2002-2003 season, where the four networks primetime schedules were littered with multi-ethnic ensemble cast dramas and minority-based family situation comedies. Of these, the latter served better as vehicles for change, as minorities were more often included on these shows not only in front of the camera, but also behind it where the implementation of diversity has had the most difficulty taking root - in writing, producing and directing. While diversity in writing and producing, as the center of power in most television shows, emerged from the onset of the NAACPs current initiative as one of the most troubling areas in the industry, three years later, the issue of directing has distinguished itself negatively. This is evident in the latest study by the Directors Guild of America which found that of 863 episodes directed on the top 40 shows of the 20022003 season, 80% were directed by white males. Like its acting and writing counterparts, directing has now become a focal point of new diversity initiatives and programs by the networks aimed at the identification, exposure and employment of minority directors in television and the NAACP will closely monitor such efforts in the hope that we will soon see the dissipation of these glaring disparities. Below is a brief discussion of each network, its leadership and its progress over the course of the last thirty-six months.

A. Fox
Fox Entertainment Group and its parent company News Corporation, headed by President and CEO Peter Chernin, with its framework of institutional programs and its voluntary extension of the MOU principles to other Fox entities, have demonstrated that for now, the network is properly committed to the principles embodied in the memorandum of understanding. The Association finds that Foxs diversity group, well led by Senior Vice President Mitsy Wilson, is consistent in its creativeness and assertiveness in identifying new mechanisms to produce meaningful exposure and opportunities to people of color in and tangential to the television industry. Even though Fox operates with seven hours less of primetime programming compared to the three other networks surveyed, under the supervision of Chairman Sandy Grushow (who tellingly in the 90s brought in such diverse shows as The Roc, Living Single, and South Central) and Entertainment President Gail Berman, three years after its agreement with the NAACP, the network is progressing at a steady pace in creatively increasing opportunities for minority creative talent. Based on each networks self-reporting, Fox distinguished itself on-air by employing the highest number of minority actors on its 2002-2003 primetime television schedule. Behind the camera, in production, Fox also came out in front of its competitors in the 20022003 season by employing the highest number of minority directors (27) and the highest number of minority writers. Finally, based on the information provided by all four networks, Fox reportedly spent the most with minority suppliers in fiscal year 2002, spending $18.9 million. However, because the network failed to provide the total amount spent that year, it is difficult to determine the relative percentage of minority supplier spending. While infinite challenges and some gaping holes remain, meetings with Fox executives reveal OUT of FOCUS - OUT of SYNC TAKE 3 35

a heightened sensitivity to diversity in the Fox organization such that an environment is being fostered wherein diversity is an accepted and common topic. Overall, the information provided by Fox in the past three years and its responsiveness to address the concerns of the Associations membership and its coalition partners is very encouraging and foretells the potential for greater gains in the years to come.

B. CBS
The year 2001 saw many changes for the staff at CBS when parent company Viacom added fledgling network UPN to its group and placed it under the direction of CBS The Bernie Mac Show, Fox Chairman & CEO Leslie Moonves. This move marked the first time in television history that one executive controlled the operations of two broadcast networks. Although the move raised concerns by industry analysts as to whether CBS could continue its unrelenting pace to outdo its rivals in the ratings race, those within the coalition questioned whether the networks commitment to the diversity goals would be adversely affected by the new diversion. As yet, the networks commitment to diversity on-air appears to be steady though its progress behind the camera falters. Upon the execution of the agreements, CBS quickly became the example of how easily a network can increase employment opportunities for qualified people of color by its rapid increase of minorities in front of the camera, from 29 minorities in a regular or recurring role in the 20002001 season to 67 in the 2001-2002 season. In the NAACPs third year monitoring the four major broadcast networks, CBSs pace in front of the camera remained good. In the 2002-2003 season, CBS emerged as the network with the second highest number of minorities in a regular or recurring role (99 total), second only to Fox (via its two large ensemble cast shows 24 and Boston Public). However, with regard to regular/leading roles only, the network was in last place out of the four surveyed, employing only 24 minority actors in a regular role in the 2002-2003 season.
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CBSs progress in the employment of all minorities behind the camera has achieved mixed results. Although the network came in second place with regard to the number of minority directors hired during the 2002-2003 season, CBS came in last place of the four major networks surveyed in the employment of minority writers on its primetime shows (14 total) during that season. However, it appears that the network recognizes its weaknesses in writing and producing and is acting to address them. For example, the network made the notable step in its 2003-2004 primetime schedule by announcing the promotion of African American writer Pam Veasey to the position of showrunner on the returning CBS police drama The District. In doing so, CBS became the only network to employ a black showrunner on a drama series out of the six broadcast networks. In addition, the network reports that in an effort to effectively open more doors for diverse writers and directors, CBS is engaging in on going mentoring/networking outreach with its recent development of a structured writer/mentoring program and the launch of a shadow directing initiative that will provide minority directors vital exposure and mentoring on primetime network programs. Finally, CBSs employment of minorities in key roles in its development department where, as stated above, three of the top four development executives at CBS are people of color. These individuals hold key roles of identifying, developing and greenlighting drama series, movies and mini series, and reality programs, CBS has distinguished itself by having the highest percentage of diverse development executives of all of the networks. The networks progress in diversity seems to have also translated to sister network UPN. Having always been a reservoir
David Morse and Andre Braugher,"Hack," CBS

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of African American situation comedies, in the 2002-2003 season, UPNs primetime schedule saw some qualitative changes. UPN emerged this past season as a leading source for a new class of African American created and produced programming. With the extension of its Monday night comedy lineup to other weekday nights and its investment in a slew of African American executive producers, writer and actors, many of the shows on UPNs primetime lineup in the 2002-2003 proved to be just as competitive, smart and edgy as that on any of the four networks surveyed herein. On UPNs 2003-2004 season schedule, UPN continued its investment in minority creative talent announcing two notable additions to its primetime lineup: The Opposite of Sex, starring rapper Eve, and All of Us, a project produced by Will Smith and Jada Pinkett Smith. CBSs recent formation of the CBS Diversity Institute and continued involvement in Quetzal - a multi-million dollar professionally managed fund to provide minority owned broadcasters with funding to acquire media outlets or expand their operations further demonstrates its commitment to diversity and its understanding of how minority ownership plays a part in the exclusion of minorities in entertainment.

C. NBC
In the year 2000, the NAACP reported that it held some confidence in the dedication of the networks diversity staff, headed by Paula Madison but recognized that the networks progress was disappointing. Although 2001 proved to be a reaffirmation of the popularity of many of the networks shows, particularly after the events of September 11th which many theorize caused Americans to turn to certain comfort shows for entertainment, the networks success in the 2001-2002 season never fully translated into employment opportunities for people of color at the network. The 2001-2002 season saw a drastic backward slide in the area of directing and its failure to incorporate realistic roles for people of color on many of its primetime programs and serious doubt was raised as to whether the networks economic bottomline mentality pushed aside its prior pledges to diversity since much of the networks successes in the 2001-2002 season were most notably found in popular white-washed shows like Friends and Frasier. Fortunately, even with last years departure of Paula Madison as the networks chief of diversity (who was replaced by Washington D.C.-based Michael Jack), in the 2002-2003 season, NBC beared more fruit. On-air, although the network continues to do little to incorporate minority regular characters on its most profitable and popular existing comedic series, in the 2002-2003 season, the network made significant progress with its freshman programs, where eight out of nine new shows featured a minority in a regular role. Overall, in the 2002-2003 season, NBC employed a total of 42 minorities in a regular role. However, with regard to recurring roles only, the network came in last place out of the four networks with 39 minority actors employed in such roles in the 2002-2003 season. Behind the camera, the networks reported 76 percent increase of minority writers and producers is tremendous and the network placed second with regard to the number of minority writers employed in primetime in the 2002-2003 season. Still, in other areas, the network needs more work. During the first two years of the NAACPs monitoring process, the networks effort in increasing the number of development deals with

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minorities appeared problematic. The NAACP and its coalition partners have consistently stressed the importance of these lucrative deals, which traditionally were graced upon only the select few of the majority, and NBCs failure to provide this information is disturbing. Recently, however, the networks announcement of its deal for a new minority powered dramatic series starring Jimmy Smits for Fall 2004 is a huge step in the right direction. We hope that the step signals a new turn for the network in the area of development deals. Finally, there is some question as to the networks efforts in diversifying the networks executive ranks. While other networks have reported that a significant percentage of their new hires on the director or Sample NBC letter sent to Executive Producers to managerial level have been with encourage diversity in hiring. diverse candidates, NBC has been strangely silent on this matter. Comparative to all of the other networks surveyed, which from their highest levels have repeatedly expressed a commitment to corporate diversity as well, the absence of such information and commitment is troubling. The greatest question is whether this network giant will be able to continue its burgeoning progress in diversity, a start that has been long overdue, under the leadership of Entertainment President Jeff Zucker and the East Coast supervision of Mr. Jack. Indications are promising with the networks 2003-2004 television lineup which includes Whoopi, starring Whoopi Goldberg, and mid-season replacement The Tracey Morgan Show, starring African American comedian Tracey Morgan. In making these additions, the network joined competitors Fox (The Bernie Mac Show) and ABC (My Wife and Kids and The George Lopez Show) in investing in African American-featured comedy, a genre that has proven successful across all demographics despite much skepticism.

D. ABC
Of all the networks, ABC has undergone the most change, both in terms of its ratings success and its approach to diversity.

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In 2001, the network suffered the most, losing nearly a quarter of its audience in the 2001-02 season with the sharp drop of ratings, which in the preceding year relied heavily on Who Wants To Be A Millionaire and it trailed far behind in the highly coveted advertiser-favored 18-49 demographic. These ratings difficulties coupled with the networks very public restructuring with the departure of ABC Television Entertainment Group Co-Chairman Stu Bloomberg and then the firing of ABC Television President Steve Bornstein, caused many to speculate about ABCs future. In diversity, the coalition felt the uncertainty as well. ABC network executives initially suffered from a lack of sensitivity at various levels of the organization on both the creative and the corporate ends. But spearheaded by in-coming ABC President Alex Wallau, who from the start was highly responsive to the spirit of the diversity initiatives embodied in the agreements, the network came virtually full circle in 2001-2002 with regard to diversity, producing a significant panel of network executives to render periodic reports and meet with the coalition. Last year, the network has emerged from its painful metamorphosis, enjoying success not only with its unscripted series The Bachelor and The Bachelorette, but also with. With regard to diversity, in the 20022003 season, ABC fared better than in years past. The network came in third in the employment of minorities in regular and recurring roles, in recurring roles only and in the employment of minority writers. In its rebirth, the NAACP hopes that ABC will build on its successes with minority-oriented family comedies My Wife and Kids and The George Lopez Show whose audiences have crossed racial and ethnic lines - and increase its investment in minority-driven storylines and talent to bring more diversity to the organization both on-air and in The George Lopez Show, ABC production.
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VIII. 2003-2004 TELEVISION SEASON


Facially, looking at the four networks Fall 2003-2004 primetime schedules, progress has been made in increasing ethnic diversity in television. In addition to existing minority-themed shows like The Bernie Mac Show (Fox), The George Lopez Show (ABC), Cedric the Entertainer Presents (Fox) and Wanda at Large (Fox), this falls new shows, Whoopi (NBC), The Tracey Morgan Show (NBC) and Luis (Fox), Like Family (WB) and All About the Andersons (WB), do much to increase the presence of minorities on screen and in the American landscape. The Association cannot help but to attribute the insurgence of minority-driven comedies to this current initiatives efforts in highlighting the need to increase opportunities for minorities in the television industry and the networks cooperation in raising industry awareness to the issue and creating avenues to reach the well of minority talent. The effort needs to continue, however, in extending the progress to episodic drama series. There remains a lack of minorities as lead characters in drama roles. While the number of ensemble shows have increased since the effort began three years ago, as a vehicle for ethnically diverse drama casts, often times, minority characters are relegated to supporting roles with less screen time. Given the mainstream successes of minority-led comedic series, which demonstrate the crossover appeal of shows whose lead actors are minorities, it is hardly a leap of faith to translate that appeal to dramatic series. The following is a brief breakdown of casting developments on the new fall season for each of the four networks. A full analysis cannot be conducted until the season is completed.

A. Fox
In the upcoming Fall season, Foxs primetime schedule includes at least eleven (11) new comedies and dramas: Luis, The Ortegas, Arrested Development, A Minute with Stan Hooper, Cracking Up, Still Life, Skin, Keen Eddie, The O.C., Wonderfalls and Tru Calling. According to preliminary casting data, Foxs upcoming fall schedule includes notable additions of Latino actors. To date, out of the 11 new comedies and dramas appearing on Fox in the 2003-2004 season, 9 Latino/Hispanic actors will be added as series regulars along with 1 African American actors and 2 Asian American actors. Disturbingly, the network has put minority-driven Cedric The Entertainer and The Ortegas on temporary hold to allow for more airtime for the networks predominantly white-cast drama The O.C.

B. CBS
CBSs Fall 2003-2004 primetime schedule includes seven (7) new comedies and dramas: Cold Case, Two and Half Men, NAVY CIS, The Brotherhood of Poland, N.H., The Stones, Joan of Arcadia and The Handler. Initial casting data to date indicates that on these seven new shows, the network has cast 5 African Americans and 2 Latino/Hispanic in a lead or regular role and 2 African Americans in a recurring role. As mentioned above, Morocco Omari, an African American actor cast in a recurring role in Joan of Arcadia, was a participant in a CBS African American Talent Showcase and came to the attention of the network and production studio as a result of his performance at the CBS event. However, as of the date of this report, there are no minorities reportedly cast on Navy CIS.21 CBS made notable progress in the area of producing on its 2003-2004 primetime schedule when it promoted African American writer Pam Veasey to showrunner on the returning CBS police drama

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The District. In doing so, CBS is the only network out of the four major broadcast networks to promote an African American woman to the highest creative position on a drama series.

C. NBC
NBCs 2003-2004 season includes 7 new freshman series, including African-American driven comedies Whoopi and The Tracey Morgan Show. The network reports that so far, 16 minorities have been cast in a regular role on the networks freshman series (including mid-season replacements) out of a total of 43 regular roles, representing a minority share of 37%. Of that 16, 12 (27.9%) regular roles are held by African American actors, 2 (4.7%) regular roles are held by Hispanic actors and 2 (4.7%) regular roles are held by Asian American actors. To date, there are no Native American actors cast in a regular role on the networks 2003 primetime schedule. Adding these numbers to the minorities already holding regular roles on the networks primetime shows, NBC projects that its 2003-2004 schedule will include 45 minorities in a regular role out of a total of 148 such roles (representing 30%). 29 (19.5%) of these are African American, 8 (5.4%) are Hispanic, 7 (4.7%) are Asian American and 1 (0.7%) is Native American. From the networks dismal record of 21 minorities in a regular role in the 1999-2000 season, the 2003-2004 schedule represents a 110% increase since the Associations initiative began. Unfortunately, the network missed a rare opportunity to correct some of its insensitivities of the past. While outgoing Friends has notoriously been the subject of diversity complaints, casting 6 white leads in a comedy set in diverse New York City, the networks presumed Friends replacement Coupling, a sitcom about the singles world, fails to make up the difference. Like Friends, the show centers around the lives of 6 lead characters in a major city. Of the 6 roles on the show, only 1 character, an Asian American, is a member of an ethnic minority. The networks failure to capitalize on the opportunity is problematic.

D. ABC
ABCs Fall 2003-2004 primetime schedule includes four new comedies and five new dramas: 10-8, Its All Relative, Karen Sisco, Threat Matrix, Im With Her, Back to Kansas, Hope and Faith, In the Line of Fire, and Steven Kings Kingdom Hospital. On the nine (9) new fall shows on ABC, the network reports that, to date, 8 actors of color have been cast in regular roles, including 5 African American and 3 Latino regulars. Like competitor NBC, the networks failure to capitalize on key casting opportunities in this new season is problematic. For example, the network chose to allow the show Karen Sisco to go forward with a white female lead, which is particularly notable given that the show is based on a Hispanic character played by Jennifer Lopez in the motion picture Out of Sight.

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IX.

BEST PRACTICES IN TV DIVERSITY

The Associations ongoing efforts to increase opportunities for minorities in network television have revealed that because of the multifaceted nature of the industry, the process of reversing the historic exclusion of minorities is likewise complex and obscure. As a result, there are few practical resources available to those who seek to increase diversity organizationally. This section addresses four outstanding programs that have yielded demonstrable results qualitatively and quantitatively for minorities seeking to advance in the entertainment industry and is to be used as a guide in developing similar programs and initiatives to achieve that goal. A. Writers Initiatives In seeking to proactively address and stem the dearth of minority writers in network television for the long term, the networks institution of a writers program designed to identify, train and place minority writers in writing staff positions on their primetime series is notable. Based on the submission of a spec script, its tonality, structure and dialogue, minority candidates are interviewed and then selected by network creative executives for placement on a broadcast show at an introductory or greater level dependent on the writers experience. Not only do the networks facilitate the select writers integration onto the writing staff of a production studios show via its influence as the buyer of the product, the networks sponsor the addition of these writers to the writing staff of a network series rather than require the production studio to foot the bill. However, as was true with many of the newly instituted training programs, these writing programs, at least in their embryonic stages, faced difficulties. Caught in the delicate balance between studio autonomy and network muscle, some candidates recounted that they encountered resistance, resentment and a lack of cooperation from other staff writers, writing assistants and, in some cases, from the show runners themselves. At least one former participant ABC expressed that she felt that once she was placed, she was left on her own with no guidance or direction from either the network or the studio despite the existence of a network liaison to facilitate the transition. B. Executive Placement Tracking System In an effort to gauge its fulfillment of its network commitment to cast a wider net in the consideration of qualified minority applicants for managerial level job vacancies, ABC network president Alex Wallau made the notable step of instituting a mandatory tracking report for every open position at the director/manager level in the network while maintaining the objective of selecting the best qualified candidates. Not only does the report list the names, ethnicities, credentials and experience of every applicant, it requires the interviewer to describe the manner in which the applicant learned of the vacancy; if the applicant is not interviewed, the report must describe in detail the reason why the applicant is not interviewed. Likewise, if the applicant was not hired, the report must describe in detail the reason why the applicant was not ultimately selected. Not only does the institution of the tracking system and Mr. Wallaus careful attention to it reinforce the networks commitment to diversity at the executive level, at the very least, it serves as another check and balance of the industrys tendency to resort to the who you know method of hiring and job placement which invariably results in a monochromatic workforce.

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C. Immediate Investment in Unlisted Minority Creative Talent Since the NAACPs agreements with the four broadcast networks, CBS distinguished itself by making the quickest and most visible strides in the employment of African American actors. From the beginning, the network demonstrated an unparalleled willingness to go against the industry norm of developing projects only with majority A-listers by forging ahead with the deliberate placement of prominent African American creative talent throughout its primetime schedule. Although such strident changes underscore the lack of such efforts in the past, CBSs leap of faith in diversifying its on-air talent coupled with the steady growth the network has enjoyed since, justifies the need for similar such leaps with regard to Latino, Asian American and Native American actors and is worth of imitation. CBS competitor, Fox, has followed suit and taken the lead, likewise finding that the immediate hiring of minority talent on-air is both socially and economically beneficial. D. Diversity Talent Showcases In seeking to increase the exposure of unknown minority actors to industry players, ABC, CBS, NBC and Fox have all engaged in hosting a series of diversity talent showcases wherein a series of auditions are held from which 10-25 actors are selected to perform before a bevy of television casting agents, network development and creative executives and production studio executives. Not only has the Association received highly favorable feedback regarding the talent showcases from both the participants and their audiences, since their inception, these talent showcases have yielded commendable results. As noted in Section IV above, in 2002, Fox reported that to date, 13 actors have been cast in 17 roles at Fox entities, CBS reported that one showcase resulted in the placement of 28 % of the performers on new or existing television programs, and ABC reported that to date, 23 actors have been cast in ABC/Disney shows. These showcases prove that the development of a meaningful venue wherein unknown minority actors are given the opportunity to demonstrate the extent of their abilities and are provided unrestrained access to industry executives is a worthwhile endeavor in increasing exposure and opportunities for minorities.

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X.

STATEMENTS OF INTENT
A. NEWS

Equally vital and tangential to the accurate depiction of minority communities in entertainment, is the accurate depiction of racial minorities in the news and the fair and balanced reporting of the facts by network news divisions and cable news networks. Today, the largest news outlets on television are CBS, NBC, ABC and cable news networks CNN, MSNBC and the Fox News Channel. Out of the three cable news networks, beginning in 2002, Fox News Channel surpassed the other two becoming the network with the largest cable news audience. With the prominence of these 24-hour news outlets, there has been much debate over allegations that certain channels fail to meet their obligation to disseminate the news in a fair and balanced manner solely with regard to political bias. In 2001, for example, Fox News Channel (FNC) became the topic of much discussion in its own industry after analysts and watch groups accused the channel of a distinctly conservative political bent. After a study of the channels political guests, the liberal group Fairness & Accuracy in Reporting charged FNC with media consumer fraud, finding that 50 out of 56 partisan guests on Brit Humes daily news show over a five-month period were Republican.22 Disturbingly however, there has been no equal attention or analysis of the medias skewed and imbalanced coverage of racial minorities both in the news and those presenting the news. The injurious and obvious result is the worldwide perception that is created in the minds of the international community and those closer to home, that African Americans, Latinos, Asian Americans and Native Americans lack the training, education, poise or intelligence to serve as industry experts or guests on a variety of issues. The NAACPs initial investigation of this issue reveals that the charges of imbalanced reporting by the news outlets with regard to political bias is minor in comparison to the failure to provide equal opportunity to African Americans and others, both as correspondents and as guests. For example, in preliminary communications with the NAACP, in 2000 ABC News conceded a lack of diversity in those individuals called upon to appear as guests and panelists on the networks news shows. While ABCs news division under the leadership of David Westin promptly engaged in efforts to diversify its database of panelists, the gaping variance continues to persist at all of the other five television broadcast and cable news outlets with little to no abatement in sight. Accuracy, diversity and depth in news reporting and analysis could reduce tensions by countering misconceptions that breed distrust of news operations. Overall the need to sensitize News divisions to a balanced approach with respect to employment and the efforts to diversify on air guest appearances continues plod along at an indefensible and lethargic pace. While advocacy and civil rights groups have for years argued against the medias gratuitous and seemingly deliberate reporting of mundane criminal acts solely by persons of color, so far, very little attention has been directed towards the minimum participation of racial minorities on news shows and discussions. The NAACP will continue its investigation, both at the broadcast network news divisions and at cable news channels, to identify the existence of systemic impediments, practices or beliefs that foster this adverse practice and to devise the best possible strategy to dismantle it. Part of that may very well involve legal challenges and law suits aimed at the revoking the authority of broadcast and cable networks to operate.

B. CABLE TV
Cable networks, most of which are owned totally or in part by the studios and networks, are a way for OUT of FOCUS - OUT of SYNC TAKE 3 45

media corporations to narrowcast as oppose to the traditional broadcasting of network television. This affords media corporations the ability to target specific audiences and over the years it has proven to be a lucrative undertaking with little or no regulation for equal opportunity employment compliance. Systemic and institutional discrimination remains a critical issue for the cable industry. Of specific concern is inequality in opportunity for promotions resulting from subtle, routine exclusionary practices rather than more overt forms of racism. In a recent report, between 20% and 55% of NAMIC (National Association of Minorities in Communication) members indicate they do not believe their company is truly committed when it comes to placing minorities in key leadership positions. In management positions from the level of Corporate Director to Corporate Vice President, African Americans remain underrepresented across all cable management positions. Representation among all racial groups in such positions is approximately 15% compared to its 29% representation in the general population and in the private sector workforce. It is important to note that the small groups of African Americans who are permitted in the executive suites of the cable industry are primarily the few members of Boards. 23 While management goals and regulatory oversight are clearly lacking, executive producers and show runners of cable programming cannot and will not be held exempt from this critique or from future action. Many in the civil rights movement clearly heard and understood the insider joke when at the 2003 Emmy Awards ceremony, The Daily Show with Jon Stewart on cable channel Comedy Central won the award for best Writing for a Variety, Music or Comedy Program. Executive Producer Jon Stewart standing in front of an all white male writing staff (and essentially all white audience) satirically stated that, Ive always felt that diversity is the most important part of a writing staff. Although intended to be comedic and satirical in nature, Mr. Stewarts comment was chilling in its obvious truth. Moreover, in the wake of talk show host Rush Limbaughs racially tinged controversial statements in September 2003 regarding Eagles quarterback Donovan McNabb, on ESPN's Sunday NFL Countdown Pre-Game Show; it is apparent that there is an even greater need for a closer examination of the cable industrys practices, especially those of decision making executives behind the scenes. ESPN Executive Vice President Mark Shapiro apparently saw nothing offensive about Limbaughs comments. In coming to Limbaughs defense he told USA Today: We brought Rush in for no-holdsbarred opinion. Early on, he has delivered. ESPNs feeble defense for putting him on the air was almost as bad as Limbaughs outrageous comments. Hence, civil rights organizations find themselves more compelled than ever to closely monitor the cable industry since the FCC no longer provides data and information on racial minorities in cable TV. Cable entities are no longer required to file annual reports to the FCC concerning their EEO efforts or to submit EEO public file reports. The NAACP supports the NAMIC recommendations that require cable companies to provide ready access to documentation and data on racial minorities in key management positions in their companies so that progress in this area may be accurately monitored. We will also push legislatively and legally to require the cable industry to comply with EEO rules until all disparities are remedied.

C. THE MOTION PICTURE INDUSTRY


There is no question that the motion picture industry grows increasingly influential and wealthy, wielding considerable power beyond entertainment in the political, economic, and public policy arenas. When actors can use their film celebrity to become Presidents and governors the importance of the film industry and its impact on twentieth century America cannot be overstated. From its days before the

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advent of the television, the home computer or the internet, movies as the preeminent source of entertainment for decades have been used to explain this nations history, promote governmental policies, spread propaganda, shape perceptions about entire communities of people and foster the American dream. Unfortunately, despite the fact that over 30% of movie audiences are African American, Latino or Asian American, the motion picture industry has forever been a closed-door society, generally looking the other way when the topic of diversity arises. The industry has virtually held itself exempt from civil rights organizations charges of discrimination and offering no more than token gestures of diversity that do little if anything to further the broader inclusion of African Americans or others into the movie-making business. Although mid-century saw the beginning trend away from the earlier blatantly racist themes of intolerance and racial prejudice, minorities as a Halle Berry wins 2002 Oscar for Best Actress. whole in the movie industry would have to wait decades longer for their seat at the table after a litter of broken promises and agreements. In 1967, at the height of the civil rights movement, the Beverly Hills/Hollywood Branch of the NAACP, concerned about the portrayal of the black experience, established the NAACP's Annual Image Awards to honor outstanding black actors, actresses, writers, producers, directors, and others for their excellence in the entertainment field and their projection of positive images. Sadly, afterward and despite the monumental events that had taken place in the movement for equal education, voting rights, womens rights and employment laws, the entertainment industry remained intransigent. In 1980, in response to the lack of roles for black actresses, the NAACP elected not to present an Image Award in the best actress category that year and the Associations Executive Director Benjamin L. Hooks subsequently appointed a committee to look into the status of equal opportunity in Hollywood. The main focus of the committee was to examine the lack of opportunities for African Americans in the film industry. After a series of meetings with studio heads and others associated with the entertainment industry, Fair Share agreements were signed in September 1982 with Walt Disney Productions and Metro Goldwyn Mayer/United Artists (MGM-UA) that included commitments to expand opportunities for blacks in employment, business, board representation, and production deals. The agreement with Disney is still technically operative, however due to the change in control of MGM-UA, that agreement is no longer in effect. In neither case, has the historical significance of such agreements done much to motivate the studios to institute mechanisms to qualitatively combat the systemic denial of opportunities for minorities in their organizations. Almost ten years later, at the NAACP's 1990 Annual Convention, the NAACP held a forum titled Blacks In Entertainment" that explored charges of racism in the industry and announced the formation of a task force to determine the status of African Americans in entertainment. OUT of FOCUS - OUT of SYNC TAKE 3 47

In undertaking its charge that year the NAACP met with CEOs and representatives of the major motion picture studios (Columbia, Paramount, Walt Disney, Twentieth Century Fox, MCA Universal, Warner Bros., Orion, and MGM). In addition, meetings were held with the major trade guilds, several locals of the International Association of Theatrical Stage Employees (IATSE), television networks, booking agencies, and prominent African Americans associated with the film industry as actors, actresses, writers, producers, directors, stuntmen and technicians. Ultimately, the NAACP concluded that the systemic obstacles facing minorities in the film industry continued to be multi-layered and sweeping despite the NAACPs then 75-year old crusade that began with its protest against D.W. Griffiths A Birth of A Nation, discussed supra. The most glaring evidence of this conclusion is the Oscars. This most coveted award, given by the Academy of Motion Pictures Arts and Sciences, is the arguably the Denzel Washington win 2002 Oscar for Best Actor. industrys highest honor bestowed each year for excellence in film. As such, its usefulness as a barometer of progress, or the lack thereof, for African Americans and other racial groups in the film industry is justified. There can be no question that there is a direct correlation between the paucity of nominations for people of color and the number of feature films starring people of color. For example, according to the Screen Actors Guild, in the year 2000 - a year of film from which there were no African Americans nominated in any of the major Oscar categories sparking a flurry of new articles on the lack of diversity - just one in five film roles went to minority actors and a large majority of the ones featuring African Americans were action or comedies. The Academys past, present and future role in promoting or discouraging diversity in the film industry can no longer be ignored. To date, the Academy has been slow, if not blind, to recognize the contributions of minority talent to the film industry. It has been reported that in the 75-year history of the Oscars, only 2% of the top nominations for acting, directing, producing and writing - have gone to African Americans, and even less to Asian Americans, Latinos and Native Americans. From 1927 through 2002, only 35 of the 1,364 acting nominations went to black actors. In 2001, the Los Angeles Times reported that from 1990 through 1999, only 19 nonwhites were included in the top five categories: leading actor, leading actress, supporting actor, supporting actress and director, translating into only about 8% of nominees.24 These nomination statistics are particularly confusing given the extent of nonwhite talent in Hollywood. In the year following the hailstorm, the Academys 2002 nominations included the greatest number of African-American acting nominations since 1972, when Paul Winfield and Cicely Tyson were nominated
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for "Sounder" and Diana Ross was nominated for "Lady Sings the Blues. Halle Berry was nominated for Monsters Ball, Will Smith was nominated for Ali, and Denzel Washington was nominated for Training Day. The awards culminated in a history-making Oscar event, when Halle Berry and Denzel Washington became the first two African Americans to win the top acting Oscars in the same year. However, despite all of the apparent progress, in 2003, the Oscars reverted back to its status quo, nominating only one African-American for a major award, actress Queen Latifah for her supporting role as Big Mama in the film-version of Chicago. The fact that the Motion Picture Association failed to nominate any other African American in a major category this year, especially in a year that saw Denzel Washingtons critically acclaimed directorial debut and supporting role in Antwone Fisher, is telling and symptomatic of a problem that has never been fully addressed by the Academy or the film industry even in todays racially charged times. As recognized by director Steven Spielberg at the 2000 NAACP Image Awards, the motion picture industry must confess its guilty hand in perpetuating the lack of diversity both in front of and behind the movie lens. As Mr. Spielberg then correctly stated, there's a lot to be done in the world we share. We still must acknowledge the painful absence of racial diversity within our very own industry. We need to hire studio executives of color. We need to foster young minority talent both in front of and behind the scenes. The situation is made even more pronounced when one considers that there is also an obvious correlation between lack of minority creative executives in Hollywood and the lack of funding for minority-oriented projects. Such projects traditionally provide enhanced opportunities for African Americans, Latinos and Asians particularly behind the camera where it is the hardest to gain employment. The lack of funding for minority-oriented projects is often blamed on foreign market sales which are increasingly essential in the financing of film productions in Hollywood. The old business paradigm states that these foreign markets prefer European-American males as lead characters. Although, initial research seems to indicate that this business assumption may actually not be true, the old guard is currently determined to keep executives in place that make this self serving view of the world a self fulfilling prophesy. The NAACP has also been alerted to a concern regarding the MPAA and its rating board.24 The MPAA uses the rating board as a way to edit and censor black films. According to the MPAA, There are no special qualifications for Board membership, except the members must have a shared parenthood experience, must be possessed of an intelligent maturity, and most of all, have the capacity to put themselves in the role of most American parents so they can view a film and apply a rating that most parents would find suitable and helpful in aiding their decisions about their children's moviegoing." Since a films rating impacts its overall profit potential, the NAACP wants to ensure that this very powerful board always be racially and culturally diverse. The question as to whether the 2002 Oscars proves to be a beacon of a coming age of greater inclusiveness, opportunity and recognition in the film industry or whether it is found to be just another example of tokenism will inevitably be answered in the coming years. Accordingly, in the next phase of the NAACPs diversity initiative, we will examine the repeated allegations of highly subjective hiring practices by the major motion picture studios. Both in front of and behind the camera, as well as in studio executive ranks, the existence of a closed roster system in the film industry which effectively denies access to minority talent. must not be allowed to continue. The Association will also examine the MPAA and the Academy, its membership, and its process in determining eligible candidates for membership or invitation to the Board of Governors. We will also report on any special considerations put in place by either production studios or the Academy to promote diversity. OUT of FOCUS - OUT of SYNC TAKE 3 49

XI. CONCLUSION
As the nations viewing population is estimated to rapidly grow more and more multiracial, network programmers are increasingly becoming aware that programs featuring African Americans, Latinos, Asians and Native Americans is simply good business. However as seen by the information provided herein, African Americans and other races of people are still underrepresented in almost every aspect of the television and film industry as they have, for the most part, been excluded from access to positions of power in Hollywood. Although there appears to be small gains in on-air roles, there is practically no representation of racial minorities in the top echelon of production which is the nucleus of both the film and television industry. Too often the casual viewer will confuse the presence of racial minorities in television commercials or in non-speaking and non-recurring roles as somehow equating to progress. Aside from some employment opportunities and miniscule decision-making authority on the creative side, networks and the motion picture studios for the most part have also made little or no effort to use African American lawyers, money managers or minority-owned businesses for the many products and services they purchase. Although the NAACPs current economic reciprocity initiative may have caused major networks to be cognizant of such patterns, production studios have yet to follow suit in any meaningful way. There is still practically no identifiable African American, Latino or Asian American who has the authority to "green light" a new series, or make final decisions relevant to creative activities. For over forty years television and studio executives have continued to claim that changes in highlevel creative positions can only be made incrementally and only when vacancies become available. However, if and when broadcast networks, cable TV and the motion picture industry finally realize that their economic bottom line depends upon real equal opportunity at all levels and the trickle down that results from it, change can occur more rapidly. The NAACP will continue to monitor the state of employment in the television and film industry, including the extent to which actors, writers and directors have been effected by unscripted programming, how the presence of reality shows can aid or impede the efforts to increase opportunities for minorities in network television, and the industrys true commitment to diversity in the face of such obstacles. What cannot be questioned, however, is the power of the African American, Latino and Asian American dollar. Annually, African Americans alone spend $2.3 billion on entertainment and no small part of that is on movies. As large numbers of people from our respective communities continue to seek entertainment, affirmation and information from these often times subjective forms of media, we demand that American entertainment industry; both film and television reflect greater opportunity the true diversity of the American people. Both television and the movie industry are still defined by market share and money, which in large part is driven by African American, Latino and Asian American consumers who continue to hold considerable power in driving meaningful change. Economic boycotts aimed at affecting the bottom line, federal legislation and legal challenges loom as very real considerations. Even if the industry does not understand that fact, the NAACPs continued push for greater inclusiveness and equal opportunity will assure that its advertisers and consumers soon will.
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REFERENCES Children Now, Fall Colors: How Diverse is the 1999-2000 TV Seasons Prime Time Line-Up? (May 2000). Children Now, Fall Colors 2000-2001 (May 2001). Chon A. Noriega, UCLA, Ready for Prime Time: Minorities on Network Entertainment Television (May 2002). Darnell Hunt, UCLA Center for African American Studies (Jun. 2002). Directors Guild of America, Report on Minority Directors during 2000-2001 television season (Jul. 2002). Directors Guild of America, Top Forty Prime Time Directors Report, (Jul. 2003). NAACP and Coalition of African American Television Writers, Report on Minority Television Writers During 1999-2000 Season (Oct. 1999). Writers Guild of America, Report on Employment of Minority Writers (Jun. 2000).
Footnotes
1-1c Cripps, Thomas, Slow Fade to Black - The Negro in American Film 1900-1942, Oxford University Press (January 1993). 1dDVera Cohn, Hispanics Declared Largest Minority, 196 Wash. Post A01 (Jun. 19, 2003). 2Information for SAG casting data is based on all television and theatrical productions that are reported to the Guild and do not include daytime television, game or reality shows, animated programs or most non-primetime programming. 3Casting data obtained from the Screen Actors Guild was released August 2003. 4Foxs 2001 numbers follow somewhat closely to an independent study conducted by Dr. Chon A. Noriega and the UCLA Chicano Studies Research Center on employment in network television during that season. 5 Information was obtained from the network on its Fall 2002-2003 primetime television season, excluding characters on animated series and actors who failed to self-identify with any recognized ethnic minority. 6 It is important to note that the majority of Foxs minority actors cast in recurring roles during the Fall 2002-2003 season were employed on two shows, 24 and Boston Public. These two shows particularly required large numbers of such characters in either classroom or other similar scenes that often times failed to add much meaningful story development. 7 The information reported above encompasses Foxs Fall 2002-2003 season only and does not include employment statistics for shows aired during the networks Summer 2003 season. 8 Directors Guild of America, The Top Forty Prime-time Television Series for Directors" (January 30, 2002). 9 Id. 10 Id. 11 The network disputes the findings of the UCLA study conducted by Dr. Noreiga, which found that Fox had 2 minority executives in charge of programming out of a total of 21. 12 Id. 13 Id. 14 Directors Guild of America, The Top Forty Prime-time Television Series for Directors" (January 30, 2002). 15 Id. 16 Id. 17 Id. 18 Directors Guild of America, The Top Forty Prime-time Television Series for Directors" (January 30, 2002). 19 No information was provided as to the racial or ethnic breakdown of minorities in regular and recurring roles on ABCs 2000-2001 primetime schedule. 20 David Bauder, Fox News Lean Right, Group Says, Associated Press (Jul. 5, 2001). Directors Guild of America, The Top Forty Prime-time Television Series for Directors" (January 30, 2002). 21 With the 2003-2004 television season additions of African-American featured comedies on NBC (Whoopi and mid-season replacement The Tracey Morgan Show) and WB (Like Family and All About the Andersons), CBS has been distinguished as the only network of the six broadcast networks whose primetime schedule does not include a primetime comedy show featuring an African American. See A.J. Frutkin, African American Sitcoms Rise, MediaWeek (May 19, 2003). 22 David Bauder, Fox News Lean Right, Group Says, Associated Press (Jul. 5, 2001). 23 Surveys Unlimited, division of Horowitz Associates. 2002. A Look towards Advancement: Minority Employment in Cable II. National Association of Minorities in Communications (NAMIC). 24The Motion Picture Association of America (MPAA) serves its members from its offices in Los Angeles and Washington, D.C. On its board of directors are the Chairmen and Presidents of the seven major producers and distributors of motion picture and television programs in the United States. These members include: Walt Disney Company; Sony Pictures Entertainment, Inc.; Metro-Goldwyn-Mayer Inc.; Paramount Pictures Corporation; Twentieth Century Fox Film Group; Universal Studios, Inc.; and Warner Bros.

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November 2003

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A Report on the Film and Television Industries

www.naacp.org

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