Sir Philip Green was granted an injunction against The Telegraph to prevent revelations of alleged sexual harassment and racial abuse against staff in 2018. Photo: Mike Marsland/WireImage
Non-disclosure agreements (NDAs) in cases of sexual misconduct and harassment should be banned, a committee of MPs has said, as they show that perpetrators are “protected by the system”.
The report by the House Women and Equalities Committee also says on the need to introduce a “retrospective moratorium” on previous non-disclosure agreements signed under similar circumstances.
The proposal goes far beyond what the government is currently working on: last month ministers said they wanted to change legal language to make clear that non-disclosure agreements do not prevent victims from contacting the police.
In The report found that non-disclosure agreements did not prevent victims from going to the police.
which looked specifically at misogyny in the music industry, citing a number of whistleblowers who gave first-hand accounts of how damaging non-disclosure agreements were.
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MPs were told that one perpetrator of sexual harassment remained in his post and attended conferences and industry events across Europe, while continuing to mentor young artists.
Another woman said that employees of her former place of work contacted her on about incidents of bullying and discrimination against them, but she could not discuss her own experiences with them because she had signed a non-disclosure agreement.
A third woman said she was told to either agree to a settlement and leave ” a glowing recommendation” or she will be fired “for gross misconduct with immediate effect and without pay.”
The committee warned that “people in the industry who attend awards ceremonies and parties are currently doing so alongside sexual abusers who remain protected by the system and colleagues.”
The MPs' recommendation came after the same committee launched an investigation into the use of non-disclosure agreements in 2018 following The Telegraph's investigation into former Topshop owner Sir Philip Green.
Sir Philip was granted an injunction against The Telegraph to prevent revelations of alleged sexual harassment and racial abuse against staff after five complainants signed non-disclosure agreements in exchange for payments.
He was eventually named in the House of Lords in October that year, Lord Hain, a former cabinet minister, invoking parliamentary privileges.
The committee said at the time that they were “seriously concerned that non-disclosure agreements used to silence victims of discrimination.”< /p>Appealing to Recording Studios to Obtain a License
Ahead of the latest report, the committee also heard testimony from Zelda Perkins, a former assistant to Harvey Weinstein who broke her nondisclosure agreement to help expose the film producer as a rapist.
The report said that with such agreements, “victims are not those with special involvement in this process are threatened to silence organizations seeking to protect their reputations and the abusers who work for them.”
The issue of non-disclosure agreements was just one aspect raised in the report, which examines representation women in the music industry, and the prevalence of sexual harassment and abuse.
MPs said the industry had been repeatedly labeled as a “boys' club”.
MPs called for all commercial recording studios to be given licenses subject to a sexual harassment risk assessment.
Katie Weissel, singer and former X Factor contestant, told the committee that at 16, “she was grabbed by a much older man and placed on his lap” in a recording studio.
The report also states that public funding and licenses for music venues should be conditional on their venues taking steps to combat “gender bias, sexual harassment and violence.”
Non-disclosure agreements are legally binding contracts that prohibit either party from agreeing to share said confidential information with others.
They are regularly used by businesses in matters involving intellectual property or trade secrets.
But campaigners say non-disclosure agreements are also used to silence victims of discrimination, harassment and abuse from speaking out or warning other potential victims.
Badenoch 'addresses' the issue of non-disclosure agreements
The Women and Equalities Committee said the Government should put forward proposals to ban the use of non-disclosure agreements in cases involving sexual assault, sexual harassment or sexual misconduct, bullying or harassment, and discrimination related to a protected characteristic.MPs said that until the law is changed to prohibit the “misuse” of non-disclosure agreements, anyone in the music industry who is asked to sign one should have an automatic right to seek advice from qualified legal experts in new creative standards body.
Kemi Badenoch, the business minister, was asked last month whether the government should consider preventing the “exploitative use” of non-disclosure agreements.
Ms Badenoch said she was “looking at” the problem and an “elegant solution” was being found under development, but no further details provided.
She told the committee: “The main issue we need to address is people's understanding of the legal basis of a non-disclosure agreement, and that is not something that should stop you from making a police report.”
< p>“It doesn't contain you.” . Essentially, this is an informal agreement. What's happening is that people are using it as a way to make others think it's a legally binding contract.”
Ms. Badenoch said she would have preferred to “include some language in the statute that could explain that it's not,” but said finding the right way to do it was a “challenge.”
“Endemic” misogyny
Caroline Noakes, chair of the committee, said: “Women's creative and career potential should not be limited by the 'endemic' misogyny that has persisted in the music industry for too long.
” Our report rightly focuses on improving protections and accountability mechanisms, as well as on necessary structural and legislative reforms.
“However, a change in the behavior of men – and it is almost always men – lies at the heart of the Music industry – the transformative change needed to enable talented women to literally be heard so that their voices are recognized and rewarded on equal terms.”
A government spokesman said: “All women should be able to work in a music sector free from misogyny and discrimination.
” The industry must do everything possible to provide a supportive and safe working environment and address any existing power imbalances.”
They added that the government would “carefully consider” the report's recommendations.
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