Victims and direct witnesses of crime who sign a non-disclosure agreement (NDA) will no longer be gagged from speaking out, following government reform.
The changes – which aim to tackle the misuse of NDAs as “gagging orders” to conceal crime – will ensure victims in England and Wales can talk about criminal conduct to anyone without fear of breaching the agreement.
Accusers of Harvey Weinstein, the former film producer and convicted sex offender, are among many in recent years who had to breach such agreements in order to speak out.
Coming into effect on Monday, changes will apply to victims and direct witnesses of crime both inside and outside the workplace, and means they can share their experiences with anyone, for any purpose, including family, friends, employers and journalists, without fear of legal repercussions.
An NDA is a broad term that describes any agreement that restricts what a signatory can say about something and was originally intended to protect commercially sensitive information.
Previously, a business could take an employee to court and seek compensation if they thought an NDA had been broken.
The amendment to the Victims and Courts Bill is part of a government plan to restore confidence in the justice system, stand up for victims, and help halve violence against women and girls.
Zelda Perkins, Weinstein’s former assistant and founder of Can’t Buy My Silence UK, said the changes were “hugely welcome”, and would “underpin the integrity of law and protect victims”.
She added: “This sends a clear message to perpetrators that the time of hiding their criminal behaviour is over, and that this government is serious about keeping the British justice system a world leader in human rights.”
In 2017, Ms Perkins was the first woman to break a Weinstein-related NDA which she had signed a decade earlier. It was an action which helped expose the Miramax movie producer’s predatory behaviour to the world.
Disgraced movie producer Harvey Weinstein. Pic:Reuters
Read more: Campaigners call for NDA law changes as agreements remain ‘rife’ in entertainment
The misuse of NDAs made headlines once again this year when hundreds of women came forward to make claims that NDAs had been used to silence victims of the late Harrods boss Mohamed al Fayed.
Victims and tackling violence against women and girls minister Alex Davies-Jones said: “NDAs are too often used to sweep criminality under the carpet – trapping victims into silence and denying them justice. This must end.
“These changes will free victims from the murky world of confidentiality clauses, meaning they can speak to whoever they like about their experience without threat of legal action, helping them move on and rebuild their lives.”
The move builds on existing protections in the Victims and Prisoners Act 2024, which clarify that NDAs cannot stop victims from reporting crimes to the police and ensure that NDAs cannot stop victims from accessing legal advice and other support, including from victim support services.
The change aligns with reforms in the Employment Rights Bill, which will void NDAs designed to silence workers about work-related harassment or discrimination.
