This Film Has Been Rated “Approved”: Are Documentary Films Subject To Institutional Review Board Approval and Federal “Human Subjects Research” Rules?

Kimberlianne Podlas, University of North Carolina, Greensboro

Abstract

The federal government has long regulated “human subjects research,” by requiring university researchers to submit projects for Institutional Review Board approval; Unless and until the university-level IRB licenses the research project, the academic cannot proceed. Though for most of their existence IRBs have concerned themselves with scientific, medical, and certain behavioral research, they have begun asserting authority over traditional interviewing, broadcast journalism, and documentary filmmaking. Simply, some IRBs believe that it is their mission to oversee any academic investigation involving humans. The proper extent of IRB authority has, thus, become a significant concern to non-fiction filmmakers and other scholars employing interviewing methods.

Although scholars have begun to acknowledge the importance of this issue, they have yet to focus on whether non-fiction filmmaking and similar undertakings fall within the federal “human subjects research” rules, and, thus, are subject to IRB jurisdiction. Additionally, none have delved into the statutory authority for and case law interpreting the relevant Code provisions. This article does so. Ultimately, through a detailed analysis of the statutes, Code, and cases interpreting its terms, this article concludes that non-fiction filmmaking (including documentary and news) does not constitute “human subjects research” within the meaning of the Code. Accordingly, it is not subject to IRB jurisdiction.