Breaking the Sound Barrier: Sean Combs, NDAs, and the Culture of Silence in the Music Industry

(Willy Sanjuan / Invision via AP) The recent arrest and charges against Sean “Diddy” Combs have brought the music industry’s “culture of silence” and its inherent dangers to the spotlight.[1] Combs faces over one hundred twenty allegations of sexual assault, twenty-five of which involve victims who were children at the time of the alleged incidents. In total, over three thousand individuals have come forward with accusations of his criminal behavior.[2] This wave of media attention on the alleged atrocities committed by Combs has ignited two critical questions within the entertainment industry: what other misconduct may be hidden behind closed doors, and how can we put an end to it? COMBS ALLEGATIONS The first lawsuit against Combs was filed by Chicago producer Rodney “Lid Rod” Jones, Jr., accusing Combs of being part of an illegal racketeering enterprise and stating that he has “irrefutable evidence of: (a) the acquisition, use, and distribution of ecstasy, cocaine, GHB, ketamine, marijuana, and mushrooms; (b) the displaying and distribution of unregistered illegal firearms; and (c) the solicitation of minors and sex workers.”[3] Other plaintiffs report enduring sexual assault, sex trafficking, drugging, non-consensual filming of sexual acts, physical assault, and a seemingly endless list of other heinous abuses.[4] The allegations against Combs beg the industry to ask how someone could have been performing so many highly criminal acts in secret for so many years. Since founding Bad Boy Records in the 1990s, Combs has been a central figure in hip-hop and the industry as a whole, being entangled in the infamous feud between Tupac Shakur and The Notorious B.I.G., publicly dating Jennifer Lopez, and cultivating an image as a charismatic yet driven producer.[5] While his public persona exuded talent and charm, and rumors of his volatile temper and controversial sexual history pervaded the industry for decades, it appears that Combs evaded accountability for years because of his power and influence within the industry.[6] Combs was arrested on September 16, 2024, and the indictment included graphic details that have since reached virality on social media. Among the allegations are accounts of narcotics use and the usage of over one thousand bottles of baby oil as lubricant for Combs’ abusive sex parties, which he referred to as “freak-offs.”[7] The indictment further claims that “Combs relied on the employees, resources, and influence of the multi-faceted business empire that he led and controlled—creating a criminal enterprise whose members and associates engaged in, and attempted to engage in, among other crimes, sex trafficking, forced labor, kidnapping, arson, bribery, and obstruction of justice.”[8] It alleges that Combs used deadly threats, bribery, and the power of his influence to silence victims and keep them from coming forward.[9] Combs’s actions have led to public criticism against other industry members associated with his famous White Party and other frequent social gatherings, including Leonardo DiCaprio, Jay-Z, Beyoncé, Ashton Kutcher, Paris Hilton, Mariah Carey, Aretha Franklin, and many others.[10] Additionally, both Motown Records and Combs’s label, Love Records, have been named as parties to related lawsuits.[11] Combs’s arrest has drawn attention to a pattern of sexual abuse within the industry and the ways in which legal documents can hinder progress and perpetuate a culture of silence. NON-DISCLOSURE AGREEMENTS A Non-Disclosure Agreement (an “NDA”) is a legal contract that governs the exchange of confidential information between two parties.[12] They can be unilateral or bilateral and specify the types of information that are restricted and how that information can be used.[13] NDAs have long been used in the entertainment industry to hide dangerous activities, silencing victims. Many victims fear that speaking out about these occurrences could jeopardize both their careers and personal safety.[14] The NDA is a defining document of every industry in the United States.[15] Celebrities use them extensively, not only in business relationships but in romantic relationships and even friendships.[16] In 2022, the Biden Administration took a significant step against workplace sexual harassment and assault by passing the Speak Out Act.[17] The Speak Out Act “prohibits the use of pre-dispute NDAs in cases of workplace sexual harassment and assault.”[18] While this legislation helps prevent harassment in the workplace, NDAs continue to be widely used in the entertainment industry, and are frequently signed at parties, on dates, and even by housekeepers, security guards, assistants, real estate agents, etc.[19] In the industry, individuals often gain corporate-level protection through NDAs, effectively treating their personal lives as if they are trade secrets.[20] Combs’s standard NDA was included in the complaint filed against him by Lil Rod.[21] The NDA is overly broad and “attempts to be a non-disclosure, non-disparagement, intellectual property rights and indemnification agreement all at once for Diddy and anyone affiliated with him, in any shape or form.”[22] The NDA is essentially designed to intimidate signors.[23] Any person with legal knowledge would likely find it to be unenforceable, but the average person would likely be so intimidated by the document itself that they would comply with its terms without a second thought.[24] Combs is not the only celebrity associated with a notorious NDA. Recently, it was revealed that Donald Trump provided Stormy Daniels with an NDA in an attempt to silence her ahead of the 2024 election.[25] In his final days, O.J. Simpson required friends and family visiting his deathbed to sign NDAs for “privacy reasons.”[26] Similarly, Taylor Swift has alleged that Scooter Braun, the catalyst behind her decision to re-record her first six albums, insisted she sign an NDA that prohibited her from making any statements about him unless they were positive.[27] NDAs clearly permeate the music industry and impact players throughout. THE FUTURE OF NDAS AND THE INDUSTRY There have been efforts to address the problem of overly broad NDAs in the industry–one such example being the #MeToo movement–but the efforts so far have been futile.[28] Actress Miram Shor and other members of SAG-AFTRA encouraged the organization to negotiate a ban on NDAs that were overly broad in the context of movie production, but to no avail.[29] Zelda Perkins, former assistant to notorious former film producer and convicted sex offender Harvey Weinstein, is the co-founder of Can’t Buy My Silence, a campaign “committed to end the misuse of NDAs to buy victim’s silence” in the United Kingdom and Canada.[30] These two women represent the hope of change in the entertainment industry, sparking optimism that the recent Combs arrest will lead to similar transformative movements in the music industry. Music has avoided its own #MeToo movement for many years, and this may be the reckoning necessary to end a culture of silence and generate a culture of progress and respect.[31] The use of NDAs in the music industry, as exemplified by Combs’s overly broad, threatening example, demonstrates the perpetuation of a culture of silence in favor of business interests and career promotion. NDAs, while serving a legitimate business purpose of safeguarding intellectual property and personal privacy, have become a tool for manipulation and deception in the industry, shielding their proponents from public or even personal accountability. Combs is just one example of how power and influence in the industry are used to silence others and endanger lives. The shift toward transparency and reform in the industry will require significant effort. An initial step in furtherance of this goal would be to reform the existing language common in industry NDAs. Reevaluating how and when NDAs are used can help balance the need for confidentiality with the need for ethical conduct. Increased standards and scrutiny for NDAs and a reformed regulatory framework could be the foundation of a more responsible use of these agreements, assuring that they protect both the interests of parties wishing to secure their intellectual property and confidential information, but also the safety of all parties involved. Uniting musicians, executives, lawyers, and all industry members is crucial in creating a safer industry, where those with power and influence cannot manipulate legal documents or human beings into serving as tools in furtherance of personal or business goals. As stated by Shor to The CUT Magazine, “It’s insane that the plot of the next Spider-Man movie and raping a person are given the same contractual treatment. Abuse is not IP.”[32] [1] Devoun Cetoute and Grethel Aguila, ‘Culture of silence’: Lawyer calls Diddy’s NDA terrifying, purposefully intimidating, MIAMI HERALD (May 17, 2024), https://www.miamiherald.com/entertainment/article287184940.html. [2] Lela Walker, Diddy and the culture of silence in the entertainment industry, THE NEWS RECORD (Oct. 9, 2024), https://www.newsrecord.org/opinion/opinion-diddy-and-the-culture-of-silence-in-the-entertainment-industry/article_b96fd0e8-8641-11ef-89df-b743ed96fe9a.html. [3] Claudia Rosenbaum, A Guide to the Many Lawsuits Against Diddy, VULTURE (Oct. 24, 2024), https://www.vulture.com/article/diddy-lawsuit-allegations-explainer.html. [4] https://www.vulture.com/article/diddy-lawsuit-allegations-explainer.html [5] Char Adams, How Sean ‘Diddy’ Combs wielded power and prestige to fuel decades of alleged abuse, NBC NEWS (Sep. 21, 2024), https://www.nbcnews.com/news/nbcblk/sean-diddy-combs-power-prestige-alleged-abuse-how-rcna171496. [6] Id. [7] Njera Perkins, Diddy’s Indictment Is A Warning To The Music Industry, HUFFPOST (Sep. 20, 2024), https://www.huffpost.com/entry/diddy-indictment-music-industry-warning_n_66ec9b42e4b0e7776c3e69e4. [8] See supra note 5. [9] Id. [10] Nicki Cox, Inside Sean...