A former assistant to Harvey Weinstein has criticized Parliament for being too “slow to act” regarding the misuse of non-disclosure agreements (NDAs), asserting that there is “a clear trail” linking their use to “every scandal of abuse.” In 2017, Zelda Perkins became the first woman to break a Weinstein-related NDA signed years earlier, a move that played a significant role in revealing the predatory behavior of the Miramax movie producer. Since then, through her organization Can’t Buy My Silence, she has actively campaigned for legal reforms.
In an interview with Sky News, Perkins expressed her frustrations, stating, “Since Weinstein’s horrific behavior was exposed nearly seven years ago, we have seen other powerful abusers exposed on a monthly basis… there is a clear trail of the use of NDAs at the root of every scandal of abuse.” She noted that while international law is evolving rapidly, the UK has been slow to respond, which is particularly disheartening given that this is where the systemic use of NDAs to shield the powerful was first brought to light.
An NDA is a legally binding contract designed to protect confidential information between parties. Although they were originally intended to safeguard intellectual property and maintain client confidentiality in business, their misuse has come to the forefront again this year, as numerous women have alleged that NDAs were employed to silence victims of the late Harrods owner Mohamed al Fayed.
Perkins contends that there is undeniable evidence that legal reforms are necessary. “We have the law to protect us from ourselves, and if the law is being misused as a tool of abuse, then we have a duty to change that,” she stated. She believes that the lack of progress is due to “an enormous amount of fear in the halls of power about taking away the ability to silence people who are going to expose your wrongdoing.”
While countries like Ireland, Canada, and the US have enacted legislative changes, the UK has not prioritized amending its laws. However, there may be potential for change on the horizon. The government has announced plans to implement a Conservative initiative to ban NDA use in universities and is reportedly considering broader measures to prevent their misuse by employers.
