WEC Calls for an NDA ban in an effort to tackle the ‘culture of misogyny’ in the music industry

“One year on from the Women and Equalities Committee’s (WEC) report on misogyny in music, significant issues within the industry remain unaddressed and appear to be on repeat”, Sarah Owen, Labour MP and Chair of the WEC has warned.

The WEC’s January 2024 report titled Misogyny in Music found that misogynistic attitudes have led to pervasive gender discrimination, sexual harassment and power imbalances throughout the music industry. To tackle this “culture of misogyny”, the Committee called on the Government to implement several recommendations aimed at creating safer and fairer working environments for women. You can read my earlier blog on the WEC’s report and recommendations here.

The WEC’s latest report, Misogyny in Music: On Repeat, highlights that little has been done to alter the industry’s notorious “boys’ club” characterisation. It notes women’s safety remains a low priority among industry organisations, and raises major concerns regarding the continued misuse of non-disclosure agreements (NDAs). Testimony from the campaign group Can’t Buy My Silence indicates that confidentiality agreements are often employed to “silence victims of harassment and abuse, often under coercive circumstances”.

Data from the group’s partner, Speak Out Revolution, reveals women are five times more likely to have signed an NDA than their male counterparts. Alarmingly, 93% of those who signed such agreements reported experiencing negative mental health consequences as a result.

Despite the implementation of the Higher Education (Freedom of Speech) Act 2023, which prohibits the use of NDAs in cases of bullying and sexual misconduct within the higher education sector, the Government previously rejected the WEC’s recommendation for a blanket ban in all sectors.

While the Labour Government indicated it is “taking a fresh look” at this issue, no legislative commitments have been made so far. Consequently, the WEC have urged the Government to bring forward legislative proposals to ban the use of NDAs in cases involving bullying, harassment, sexual misconduct and discrimination related to protected characteristics.

This step is deemed essential to setting “the music industry on a path of lasting change”, and creating an environment free from misconduct.

In addition to its strengthened position on non-disclosure agreements, the report reiterates the importance of “capitalising on the pockets of momentum”, and implementing the Committee’s original recommendations. These include enhancing legal protections for freelance musicians under the Equality Act 2010, supporting the formation of the Creative Industries Independent Standards Authority (CIISA) and reforming maternity allowances for self-employed women in the music industry. You can read the full report here.

If you have been the victim of any form of abuse, harassment, or bullying at work, we encourage you to reach out to Bolt Burdon Kemp for a free and confidential conversation with one of our experts.