Hollywood loves to declare progress. After #MeToo, studios promised transparency, accountability, and vowed to end contracts that kept abuse hidden. Lawmakers passed reforms to support these promises, but behind closed doors, nothing fundamental changed.
Nondisclosure agreements didn’t disappear. In fact, they evolved.
WHAT ACTUALLY CHANGED — AND WHAT DIDN’T
In 2022, the federal Speak Out Act limited the use of NDAs before sexual assault or harassment occurs, with California and New York passing similar laws. On paper, this looked like a significant reckoning.
However, in practice, Hollywood adapted instantly. NDAs signed after abuse is alleged remain legal. Confidential settlements are still the norm, and forced arbitration dominates, which keeps harmful patterns hidden.
The silence didn’t end; it was rerouted.
THE WEINSTEIN LESSON HOLLYWOOD LEARNED
The Harvey Weinstein scandal exposed not only abuse but also how NDAs and confidential settlements concealed troubling patterns for decades. Accusers received settlements quietly, records were sealed, and careers continued uninterrupted. Rather than abandon this model, Hollywood studied it.
Instead of learning to prevent such scandals, the industry learned how to control their fallout better.
QUIET SETTLEMENTS, QUIET CONTINUITY
When NBC fired Matt Lauer, the network presented it as bold action. Years later, reports revealed a settlement constrained by an NDA, keeping the details hidden while the company moved on.New York Times
At CBS, after the ousting of Les Moonves, the network announced public reforms, but behind the scenes, confidential settlements remained the standard. New York Times
These weren’t oversight issues; they were containment strategies.
ARBITRATION IS THE NEW NDA
In the face of scrutiny, studios now rely on forced arbitration, keeping cases out of the public eye and preventing evidence from surfacing. This creates an image where complaints appear isolated, obscuring the existence of multiple grievances.
For employees, arbitration is hardly neutral; it drastically favors employers with greater resources.
For studios, it’s an ideal solution: No headlines. No discovery. No accountability.
AI CONTRACTS AND A NEW KIND OF SILENCE
More recently, performers have raised alarms regarding AI likeness agreements, which incorporate stringent confidentiality clauses that limit actors from discussing how their identities are captured and monetized.
Studios brand this as protecting proprietary technology, while actors see it as nothing more than:
a gag order wrapped in innovation.
THE TRUTH HOLLYWOOD WON’T SAY OUT LOUD
NDAs are evolving from blunt instruments into precision tools.
While they don’t eliminate scandals entirely, they strategically suppress them from becoming undeniable.
The reckoning didn’t bring an end to the system; instead, it taught Hollywood how to conceal it more effectively.
