Non-disclosure Agreements

Zöe Franklin Excerpts

Wednesday 2nd April 2025 Westminster Hall

[Zöe Franklin (Guildford) (LD)]

It is a pleasure to serve under your chairmanship, Mr Betts. I thank the right hon. Member for Sheffield Heeley (Louise Haigh) for securing this important debate. As we heard in her eloquent speech, the use of NDAs across all industries is far too prevalent, but I would like to focus my comments on the creative industries.

Back in 2017, the #MeToo movement exposed the pervasive issue of workplace sexual harassment and shone a light on the insidious role of NDAs in silencing victims. Despite the movement’s spotlight, abusive NDAs continue to thrive in the creative industries, serving as tools of coercion rather than legitimate business protections. These agreements do not just limit disclosure; they enable perpetrators, protect abusers and perpetuate cycles of harm.

The creative industries, with their reliance on freelance and temporary employment, irregular working hours and lack of employer accountability, are particularly vulnerable to exploitation. In this environment, NDAs have been weaponised to cover up harassment, discrimination and abuse. They do not exist to protect trade secrets or intellectual property in these cases—they exist to protect the powerful from the consequences of their actions. When 80% of individuals who report misconduct in the music and film industries are silenced by NDAs, the question is not whether these agreements should be regulated but whether they should be allowed at all.

The continued use of abusive NDAs is an outrage. They strip individuals of their right to speak out, forcing them into a cruel dilemma: stay silent or risk financial ruin.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Does the hon. Lady agree that it is an even more significant abuse of NDAs when public money is used by public sector employers such as the BBC, which is paid for by the licence fee, to try to silence those who have a case against them?

[Zöe Franklin]

I agree; we need to look carefully at this issue, particularly where public money is being used. Across the board, we need to end the practice of abusive NDAs. It is an outrage, and I ask the Government today to act decisively. We have waited too long for a ban on NDAs in cases of abuse, harassment and discrimination. Protecting corporate reputations should not come at the cost of human dignity.

Since its formation, the Creative Industries Independent Standards Authority has been a crucial force in fighting this abuse, working to expose harmful practices and advocate for transparency and accountability. If its efforts to become a prescribed person are successful, it would provide legal safeguards for whistleblowers, helping those bound by NDAs to speak out without fear of retribution. By its very existence, CIISA makes it harder for misconduct to be hidden away, forcing perpetrators and institutions to think twice before engaging in exploitative behaviour.

Unfortunately, despite its vital work, CIISA faces the threat of closure due to financial barriers. Its request for just 0.1% of a company’s profits—a mere fraction of what other regulatory bodies operate on—is being met with obstruction, delays and shifting goalposts. If CIISA is forced to shut down, it will send a clear message: creative industry workers, despite generating £124.6 billion in 2022, do not deserve a safe and respectful workplace.

I have two requests for the Minister. First, will he please act to ensure that CIISA has the funding it needs to continue its work to protect people in the creative industry and prevent the industry from sliding back into silence, fear and impunity? Secondly—we will hear this again and again today—will he please take the action we have been waiting far too long for and ban abusive NDAs outright? No one should ever be forced to choose between their career and their dignity, so it is time to end the use of NDAs as a weapon against justice, and ensure that those who have suffered can speak their truth without fear, without penalty and without being erased.