Individuals in the entertainment industry have started coming forward to reveal harassment they have faced throughout their careers. In response to these revelations, filmmakers and showrunners have started depicting such harassment on screen. For example, the web television series The Morning Show explores the backlash that a network faces after a popular anchor on its news and morning talk show program is involved in a sexual misconduct scandal. While fictional, The Morning Show mirrors real-life occurrences. To tell such stories as accurately as possible, filmmakers and showrunners continue to seek firsthand accounts from the individuals involved in these real-life scandals. The problem: many of these individuals signed non-disclosure agreements (NDAs) as part of a settlement.
NDAs are descriptively named—an NDA is an agreement not to disclose certain information. In the settlement context, one party usually pays the other to stay silent, and many NDAs include a “liquidated damages” provision, which sets monetary consequences of improper disclosure of the applicable information. Despite having signed NDAs, many of the individuals who choose to share their stories do so knowing their disclosures could subject them to significant financial costs.