Quick summary
- UK ministers are looking at quick ways to widen limits on non-disclosure agreements (NDAs), according to The Guardian, after the allegations about David Walliams.
- Walliams denies any wrongdoing.
- One option is to extend the existing ban on using NDAs to hide harassment or discrimination from employees to freelancers and volunteers.
- Culture secretary Lisa Nandy is due to hold a roundtable with the creative industries next week.
The David Walliams NDA debate has moved from the entertainment pages into Westminster. The UK government is exploring changes it could make quickly to stop confidentiality agreements being used to silence people who report harassment, The Guardian reported on 12 November, following an investigation by the paper and ITV News into the television personality. Walliams, a top-selling children’s author, denies any wrongdoing.
What the allegations are, and what Walliams says
The Guardian says its investigation with ITV News examined claims that Walliams used his power and status to prey on young women for sex. The paper also reports that an employer used NDAs to silence at least one woman connected to him. Walliams, 55, strongly denies the allegations, as The Nightly noted in its own coverage. None of the claims has been tested in court, and this article reports them only as claims.
The quick changes ministers are considering
The Employment Rights Act already bars employers from using NDAs to stop employees disclosing possible harassment or discrimination. A recent government consultation looked at going further. According to The Guardian, ministers now want to move faster, possibly by extending that protection to freelancers and volunteers.
That matters in screen and publishing work, because TV and film rely heavily on freelance and contract staff. An official quoted by the paper said the government is looking at areas it can change quickly and without new legislation if there are loopholes, adding that it is “still early”.
A second possibility concerns crime. Current law stops NDAs being used to block victims or witnesses of crime from giving information to specified bodies such as police or regulators. The Guardian reports that one change under discussion would let people speak about crimes to anyone, including the media.
Campaigners and the Commons
Campaigners were pressing for tighter NDA rules before the Walliams story broke, and before the sentencing of Russell Brand, who The Guardian says was jailed on Monday for rape and sexual assault. Zelda Perkins, a former assistant to Harvey Weinstein who broke an NDA about his behaviour and now campaigns on the issue, told the paper that extending protections beyond employees is “absolutely key”.
In the House of Commons on Wednesday, Nandy agreed with a Conservative question about the need to stop NDAs being abused, calling them “central” to the problem of enforced silence. She said she was working with the Ministry of Justice and would raise the matter at the roundtable.
A wider reckoning in entertainment
The week has also revived older public comments. The Nightly reported that remarks by stars including Dannii Minogue and Lily Allen about Brand are circulating again. Those comments concern Brand, not Walliams. Closer to home, the industry reaction to the Walliams allegations has included retailers pulling his books in Australia. Everything we have published is collected under the David Walliams tag.
What happens next
Nandy is due to meet representatives from TV, film, publishing and sport next week to discuss new protections. The Guardian reports a separate, longer-term change that would automatically charge any adult who has penetrative sex with a child under 16 with rape, a recommendation of Louise Casey’s review into grooming gangs. An official said there is pressure to move quickly, but no date is set.
Frequently asked questions
What is an NDA?
A non-disclosure agreement is a contract that stops someone sharing certain information. The Guardian reports that the government wants to limit their use when they hide harassment, discrimination or crime.
Has David Walliams responded to the allegations?
Yes. According to The Guardian and The Nightly, he denies any wrongdoing.
Will the law change soon?
Nothing is confirmed. An official told The Guardian that officials are looking at changes that could be made quickly without legislation, but it is early.
