Non-disclosure agreements are popular in the entertainment industry. Individuals filming a reality TV show, for example, often have to sign an NDA before the filming even begins. They are bound by that restrictive covenant and subject to a large financial penalty if they violate the agreement in some way. Many businesses in the entertainment world integrate NDAs into contracts with employees and entertainment professionals.
Those crucial contract inclusions help prevent the spread of information that could undermine the profitability of large projects. In some cases, people end up signing NDAs specifically because of something inappropriate that may have happened. Powerful individuals and the companies that employ them sometimes turn to nondisclosure agreements as a way of preventing people going pubic about their reputation-damaging behavior. A few recent high-profile cases have drawn attention to the abuse of non-disclosure agreements and other attempts to prevent people from speaking up about misconduct.
Do entertainers subject to NDAs have to worry about their enforcement if they decide to go public or speak in court about something they witnessed or experienced?
Not all NDAs hold up in court
The reason for executing an agreement with a restrictive covenant included has a direct impact on how enforceable that agreement is in civil court. If the purpose of an NDA is to protect trade secrets or prevent competitors from learning about major upcoming projects, they may very well be enforceable. If an entertainer speaks publicly or posts on social media about confidential information, they may expose themselves to litigation and financial penalties.
However, when the purpose of an NDA is specifically to prevent the disclosure of illegal or abusive behavior, the party bound by the NDA may be able to speak up in some situations without risking litigation. Powerful people in the entertainment sector may use their money and influence to convince others that signing an NDA and keeping quiet about misconduct is the best course of action.
Those who worry about ending up implicated in a criminal conspiracy or who feel morally obligated to report misconduct may also worry about the consequences of an NDA they signed years ago. Those individuals may benefit from reviewing the agreement they signed and the circumstances that led to the contract in depth. In some cases, the agreement may not be valid or enforceable.
Reviewing contracts signed by professionals in the entertainment industry with a skilled legal team can help affected parties understand what limits there may be on their behavior. Speaking up about misconduct can be difficult. It can also help professionals protect their reputation in the long term by severing their ties to those with a history of illegal or abusive behavior, depending on their circumstances.