An NDA from Harvey Weinstein cost me my career – at last, banning them feels within reach | Zelda Perkins

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An NDA from Harvey Weinstein cost me my career – at last, banning them feels within reach | Zelda Perkins
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Why are these extreme confidentiality clauses are still used in the UK to protect the perpetrators of abuse, says Zelda Perkins, founder of Can’t Buy My Silence

, the film about the two New York Times journalists who broke the story, is playing in cinemas around the world, exposing how his reign of terror came to be and the mechanisms that protected him. So why am I still having to talk about this issue, five years on from breaking my NDA to those New York Times journalists? I had believed that by uncovering the system that enabled Weinstein and others in power, things would change. In many places they have, but not here in the UK.

Over the past 25 years NDAs have become the default solution for settling cases of sexual misconduct, racism, pregnancy discrimination and many other human rights violations. They are sold as helping the victim by protecting their name, where in fact a simple one-sided confidentiality clause would do that.

Zelda Perkins, former personal assistant to Harvey Weinstein, speaks to Parliament’s women and equalities committee in 2018.to the women and equalities select committee about how NDAs were being abused in the UK. The Conservative government vowed it would “end NDAs being used unethically” but the recommendations of the select committee and the following consultation by the Department for Business, Energy and Industrial Strategy were ignored. Not one change has been made.

They come from all industries – media organisations, corporations and public services. From the testimonies and data we are collecting, we know that NDAs also have a disproportionate impact on those who are already vulnerable. Black women arethan white women. Women are five times more likely to sign an NDA than men.

But it doesn’t have to be like this, as we can see from progress in the US, Canada, Ireland and Australia. Over the last five years 15 US states have changed their legislation around NDAs and this November, in a historic move, Joe Biden supported a bill through Congress

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