UK performers prepared to take industrial action over AI in landslide vote

Members of UK performers’ union Equity voted to refuse to be scanned on set for AI purposes

UK performers working in film and TV have voted ‘Yes’ by a landslide 99.6% to refuse to be digitally scanned on set to secure artificial intelligence protections.

The result of Equity’s indicative ballot on AI protections for performers comes as the performers’ union and producers’ body Pact are locked in a stalemate, with AI a key sticking point in the discussions to set minimum standards for pay, terms and conditions for performers working in the sector. The terms were last negotiated in 2021.

The indicative ballot question in full was: “Are you prepared to refuse to be digitally scanned on set to secure AI protections?”  with the response a choice of ‘Yes’ or ‘No.’

As it is an indicative ballot, it is not binding and does not legally cover Equity members to take industrial action, which would require a statutory ballot.

Instead, Equity said the result proves the strength of feeling among performers who want to protect their AI rights, with respondents indicating they are prepared to refuse to be digitally scanned on set to do so – a form of action short of strike.

According to Equity, its members are increasingly concerned about the use of their voice and likeness, including being digitally scanned on set. As a result, Equity is fighting for protections for performers based on the principles of explicit consent, transparency of terms and fair remuneration for usage.

The indicative ballot turnout was 75.1%, with eligible voters made up of Equity’s membership working in film and TV, consisting of 7,732 actors, stunt performers and dancers. It is the first time this whole section of the union’s membership has ever been balloted.

Equity will now write to Pact, which represents the majority of film and TV production companies in the UK, with the results and demand they come back to the negotiating table with a better deal on AI.

If Pact refuse to enshrine the AI protections the union is seeking in the agreements, Equity has said it will hold a statutory ballot for industrial action.

In 2023, members of Equity’s sister union, SAG-AFTRA, comprising actors who work in film and TV in the US, went on strike for four months over issues including artificial intelligence protections.

Equity’s general secretary, Paul W Fleming, said: “Artificial intelligence is a generation-defining challenge. And for the first time in a generation, Equity’s film and TV members have shown that they are willing to take industrial action.

“90% of TV and film is made on these agreements. Over three quarters of artists working on them are union members. This shows that the workforce is willing to significantly disrupt production unless they are respected, and decades of erosion in terms and conditions begins to be reversed.

“The US streamers and Pact need to step away from the brink, and respect this show of strength. We need adequate AI protections which build on, not merely replicate, those agreed after the SAG-AFTRA strike in the USA over two years ago.

“The union believes this can be resolved through negotiation, but 18 months of talks have led us to this stalemate. With fresh AI proposals, significant movement on royalties, and a package of modern terms and conditions, Pact and allied producers can turn this around. The ball is in their court when we return to the table in January.”

After Equity published the results of its indicative ballot, the British Film Commission’s chief executive, Adrian Wootton, said: “Today’s ballot results remain indicative, and we will be working with all parties to reach a fair, reasonable solution to this very complex issue as soon as possible.

“All are committed to developing fair, effective guardrails and provisions for the use of AI in film & TV, and it is in everyone’s interests to exhaust all of the available options for negotiation. To that end, the British Film Commission will be liaising with Pact and Equity, with the aim of supporting an agreement satisfactory to all parties.”