Source · Select Committees · Women and Equalities Committee
2nd Report - Misogyny in music
Women and Equalities Committee
HC 129
Published 30 January 2024
Recommendations
2
Accepted
Increase funded opportunities for women and girls in male-dominated music industry roles and training.
Recommendation
Music colleges, conservatoires and other educational settings need to do more to address the gendering of instruments, roles and genres and improve the visibility of and support for female role models. The Government and industry bodies should offer increased, funded …
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Government Response Summary
The government highlights existing legal protections under the Equality Act and Public Sector Equality Duty, alongside improved gender balance in music higher education. It refers to the National Plan for Music Education and initiatives like Music Hubs' Participation and Inclusion Strategy and Inclusion Leads from September 2024.
Government Equalities Office
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4
Rejected
Bring Section 14 of the Equality Act into force to protect against intersectional discrimination.
Recommendation
Section 14 of the Equality Act 2010 which provides protection from discrimination on the basis of a combination of two relevant protected characteristics presents a limited understanding of how overlapping characteristics are used to discriminate against individuals and prevent the …
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Government Response Summary
The government rejects the recommendation to bring section 14 of the Equality Act into force, stating it is unnecessary as courts already allow multiple claims and robust protections exist.
Government Equalities Office
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5
Accepted
Increase investment and funding for diverse talent and improve women's career pathways in music.
Recommendation
Although female representation in the music industry is improving, particularly at senior levels, progress is not uniform and gender imbalance remains entrenched in certain areas. The music industry and government should increase investment in diverse talent and make more funding …
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Government Response Summary
The government refers to existing legal frameworks, improved gender balance in music higher education, and ongoing work by government-funded Music Hubs under the National Plan for Music Education. It notes that Music Hubs will have a Participation and Inclusion Strategy and an Inclusion Lead from September 2024.
Government Equalities Office
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6
Acknowledged
Require record labels to publish creative roster diversity and organisations to publish workforce pay gap data.
Recommendation
To allow progress to be monitored, record labels should commit to regular publication of statistics on the diversity of their creative rosters. All organisations with more than 100 employees should be required to publish data on the diversity of their …
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Government Response Summary
The government states it supports the recommendation for record labels and organisations to publish diversity data but provides no specific commitment to implement the suggested requirements.
Government Equalities Office
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7
Accepted
Provide mandatory equality, diversity, and inclusion training for all music industry organisations.
Recommendation
Organisations in the music industry should provide mandatory equality, diversity and inclusion training. These steps are required because misogynistic and discriminatory behaviours remain entrenched despite increased representation. (Recommendation, Paragraph 44) Legislative and other related changes
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Government Response Summary
The government states it will provide professional training aligned with its Standards, which will play a role in dismantling the prevalence of such behaviours.
Government Equalities Office
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9
Rejected
Bring forward legislation to allow self-employed parents to share non-consecutive parental leave and pay.
Recommendation
Reform of parental leave for freelancers is overdue. The current system places the burden of childcare onto the mother and offers no financial support for self-employed fathers or same-sex partners wanting to share childcare responsibilities. The Government should bring forward …
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Government Response Summary
The government rejects the recommendation to introduce legislation allowing self-employed parents to share parental leave and pay, stating there are no current plans to introduce such entitlements for self-employed fathers or partners. It clarifies existing support for employed parents and general benefits.
Government Equalities Office
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11
Rejected
Extend Equality Act protections to all freelancers and lengthen discrimination claim limitation periods.
Recommendation
The Government should bring forward legislative proposals to extend the protections relating to discrimination and harassment in the Equality Act 2010 to include all freelancers. Limitation periods for Equality Act-based discrimination and sexual harassment claims should be extended to six …
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Government Response Summary
The government rejects the recommendation to extend Equality Act protections to all freelancers, stating there are no current plans to change or extend the Act in this area. It clarifies which freelancers are currently covered and acknowledges it is 'looking closely' at extending the limitation period for claims.
Government Equalities Office
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12
Deferred
Stipulate clear, independent internal reporting pathways for harassment within OfS guidance for educational settings.
Recommendation
We support the Office for Students’ proposed new condition of registration aimed at protecting students from harassment and sexual misconduct. Its effectiveness will depend, in part, on students and staff feeling both able to recognise and report misconduct and that …
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Government Response Summary
The government welcomes the Office for Students' proposed new registration condition and national survey, stating it looks forward to the outcomes of the public consultation and pilot survey, which will form the foundation for all future work on this issue.
Government Equalities Office
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13
Deferred
Mandate educational settings to ensure staff awareness of harassment policies and conduct background checks.
Recommendation
The OfS should also require educational settings to ensure that all staff, permanent, temporary and those visiting, are aware of policies around abuse and harassment, including the consequences of inappropriate behaviour. People invited to teach students should undergo background and …
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Government Response Summary
The Department for Education welcomes the recommendation but states that it is a matter for the Office for Students.
Government Equalities Office
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14
Accepted
Implement and robustly enforce the OfS's new condition protecting students from harassment and misconduct.
Recommendation
Too often in the past, institutions have put protecting their reputations ahead of a duty of care for their students. The OfS’s proposals for potential loss of funding and/or accreditation should help challenge that mindset. We urge the OfS to …
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Government Response Summary
The government confirms that the Office for Students' proposed ban on non-disclosure agreements in sexual misconduct cases is consistent with the Higher Education (Freedom of Speech) Act 2023, which includes such a ban and takes effect on 1 August 2024.
Government Equalities Office
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15
Rejected
License all commercial recording studios, including sexual harassment risk assessments and clear reporting pathways.
Recommendation
A recording studio should be a safe space for all those who work there. Frequently this is not the case, and commercial self-interest is prioritised over personal safety. We recommend that all commercial recording studios should be licensed. That licensing …
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Government Response Summary
The government rejects the recommendation to introduce new licensing requirements for commercial recording studios, stating it has no plans to do so. It welcomes the industry-led Creative Industries Independent Standards Authority as an alternative to ensure safe workplaces.
Government Equalities Office
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16
Rejected
Government weakening of Worker Protection Act leaves vulnerable women exposed to sexual harassment.
Recommendation
The Government’s weakening of the Worker Protection Act 2023 has let down women already vulnerable to sexual abuse and harassment in insecure work settings. While we welcome the duty on employers to take ‘reasonable steps’ to protect their employees from …
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Government Response Summary
The government rejects the call to reintroduce employer liability for third-party harassment, stating it has no current plans to do so. It highlights the Worker Protection (Amendment of Equality Act 2010) Act 2023, which introduces a duty on employers to prevent sexual harassment.
Government Equalities Office
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17
Accepted in Part
Broaden Equality Act to impose proactive duty on employers protecting workers from third-party sexual harassment.
Recommendation
The Equality Act 2010 should be broadened to impose a duty on employers to be proactive, rather than simply reactive, in protecting workers from third party sexual harassment and for a statutory code of practice to support them in doing …
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Government Response Summary
The government supported the Worker Protection Act 2023, which introduces a duty on employers to take reasonable steps to prevent sexual harassment from October 2024 and allows for a 25% uplift in compensation. However, it explicitly states there are no current plans to reintroduce employer liability for third-party harassment.
Government Equalities Office
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18
Accepted
Publish comprehensive guidance for employers and workers on preventing third-party sexual harassment.
Recommendation
Guidance for employers and employees, including freelancers, on the new duty to protect from sexual harassment, should set out how employers should prevent and manage sexual harassment coming from third parties in the absence of legal protection, including how all …
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Government Response Summary
The government accepts the need for guidance, stating existing EHRC guidance already covers employer expectations regarding third-party harassment. Updated EHRC guidance and an updated Employment Statutory Code of Practice are anticipated in late 2024 to further support employers with the new duty.
Government Equalities Office
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19
Rejected
Condition public funding and licensing of music venues on tackling sexual harassment and abuse.
Recommendation
Public funding and licensing of music venues should be made conditional on those premises taking steps to tackle gender bias, sexual harassment and abuse. This should include the training of venue staff by accredited organisations that work in the sector. …
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Government Response Summary
The government rejects making public funding and licensing conditional on music venues tackling sexual harassment, stating it is up to individual businesses to decide on staff training. They encourage venues to partner with specialist organizations and highlight existing guidance for licensing authorities to consider these issues.
Government Equalities Office
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20
Accepted
Integrate survivor-led training on sexual harassment into Security Industry Authority accreditation for venue staff.
Recommendation
Security Industry Authority accreditation for security staff to work at live music venues should include training on dealing with discrimination, sexual harassment and abuse. That training should be survivor-led and provided by accredited organisations dedicated to improving safety for women. …
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Government Response Summary
The government states that the Security Industry Authority's mandatory training for Door Supervisors already includes content on keeping vulnerable people safe, identifying predatory behaviours, and dealing with allegations of sexual assault, thereby addressing the recommendation for such training.
Government Equalities Office
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21
Accepted
Mandate adequate, separate dressing room facilities for women and gender nonconforming musicians in venues.
Recommendation
Expecting women to change in front their male peers or in their car, or to share rooms or beds with male colleagues while on tour, is unacceptable and raises safety concerns. The music industry needs to improve its facilitation of …
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Government Response Summary
The government supports the recommendation and states that CIISA's Standards will be reinforced to ensure venues hosting live music provide adequate, separate dressing room facilities for women and gender nonconforming musicians.
Government Equalities Office
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24
Deferred
Support the creation of CIISA and ensure robust safeguarding and legal advice for reporters.
Recommendation
We support the creation of the Creative Industries Independent Standards Authority (CIISA). It will help to shine a light on unacceptable behaviour in the music industry and in doing so, may reduce the risk of further harm. Crucially, it will …
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Government Response Summary
The government redirects the specific recommendations for CIISA, such as advising legal rights and implementing robust safeguarding, to CIISA itself, stating these are matters for the Authority to consider. It also details the Solicitors Regulation Authority's guidance on NDAs.
Government Equalities Office
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25
Acknowledged
Address legislative barriers, including GDPR, to ensure CIISA operates effectively.
Recommendation
We are concerned that legislative barriers may prevent CIISA from operating effectively. We call on the Government to discuss with CIISA the potential impact of GDPR requirements on its work and to take the steps required, including any legislative changes, …
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Government Response Summary
The government acknowledges the concern about legislative barriers and GDPR, noting that CIISA has written to them to discuss the matter and potential mitigations.
Government Equalities Office
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26
Accepted
Task CIISA to educate the music industry and provide training on sexual harassment and gender bias.
Recommendation
The establishment of CIISA is an opportunity to educate the music industry on the rights of self-employed workers and the responsibilities of those hiring them. It can become a hub of expertise. Earlier in this report we set out how …
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Government Response Summary
The government states that CIISA will look to set standards and provide training on tackling and preventing sexual harassment, sexual violence, misogyny, and bias across the creative industries.
Government Equalities Office
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27
Accepted
Require CIISA to publish annual report detailing music industry discrimination, harassment, and diversity.
Recommendation
CIISA has committed to producing an annual report. That report should include an overview on the state of the music industry with respect to levels of discrimination, harassment and abuse and diversity. Reported data should be broken down by protected …
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Government Response Summary
The government confirms CIISA will publish an annual report with aggregated data broken down by protected characteristic. CIISA will also name organisations with evidence-based systemic concerns and publish non-compliance with recommendations.
Government Equalities Office
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29
Accepted
Managers have a very important role in supporting artists’ careers but incidents of exploitation show...
Recommendation
Managers have a very important role in supporting artists’ careers but incidents of exploitation show that protections are required. CIISA should work with the Music Managers Forum to develop and oversee a mandatory accreditation programme for managers in the music …
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Government Response Summary
The government states CIISA will actively look to provide suitable accreditation programmes and work closely with the Music Managers Forum to address this recommendation.
Government Equalities Office
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30
Accepted
The Government should urgently bring forward legislative proposals to prohibit the use of non-disclosure and...
Recommendation
The Government should urgently bring forward legislative proposals to prohibit the use of non-disclosure and other forms of confidentiality agreements in cases involving (a) sexual abuse, sexual harassment or sexual misconduct; (b) bullying or harassment not falling within (a) and …
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Government Response Summary
The government strongly supports the recommendation to prohibit the misuse of non-disclosure agreements to silence victims and cover up harmful behaviours in cases of sexual abuse, harassment, misconduct, bullying, or discrimination.
Government Equalities Office
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31
Acknowledged
We have heard distressing evidence on the effects on the mental health of people silenced...
Recommendation
We have heard distressing evidence on the effects on the mental health of people silenced by a non-disclosure agreement. The Government should consider the potential merits of a retrospective moratorium on NDAs for those that have signed them relating to …
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Government Response Summary
The government supports the recommendation to ensure individuals can freely discuss their experiences without fear of NDAs, which they believe will help build a clearer picture of industry issues.
Government Equalities Office
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32
Accepted in Part
Until the law is changed banning the misuse of NDAs, anyone being asked to sign...
Recommendation
Until the law is changed banning the misuse of NDAs, anyone being asked to sign an NDA should have an automatic right to seek advice from qualified lawyers at CIISA. No individual should be provided with legal advice by a …
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Government Response Summary
The government supports the report's conclusions on NDA misuse but states CIISA cannot provide specific legal advice due to conflict of interest. Instead, CIISA will ensure individuals get access to expert, independent support and advice from other sources.
Government Equalities Office
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33
Accepted
CIISA should collect and annually publish data on the use and threatened use of NDAs...
Recommendation
CIISA should collect and annually publish data on the use and threatened use of NDAs in the music industry. (Recommendation, Paragraph 141)
Government Response Summary
The government confirms that CIISA will monitor, collect, and publish data on the use of NDAs across all industries within its purview, including music.
Government Equalities Office
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34
Accepted in Part
The Government must develop and introduce a new strategy in schools, aimed specifically at boys...
Recommendation
The Government must develop and introduce a new strategy in schools, aimed specifically at boys on issues of misogyny, sexual harassment and gender-based violence. (Recommendation, Paragraph 145) 65
Government Response Summary
The Department for Education is reviewing its statutory Relationships, Sex and Health Education guidance and will publish an updated version for consultation shortly, indicating an action related to the recommendation's aim, but not a specific new strategy for boys.
Government Equalities Office
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Conclusions (6)
3
Conclusion
Acknowledged
Women have significant additional barriers to pass to get a foothold in the music industry and must navigate acts of passive aggression, ridicule, and misogyny to have a sustainable career. Female artists are routinely undervalued and undermined, endure a focus on their physical appearance in a way that men are …
Government Response Summary
The government fully supports the report's conclusions on misogyny, discrimination, and abuse in the music industry, recognising that more needs to be done and endorsing CIISA as a key initiative.
8
Conclusion
Accepted
Having children should not be a barrier to a career in the music industry, yet the evidence we have seen suggests otherwise. While large employers are taking welcome steps to support parents with childcare responsibilities, the industry as a whole needs to reflect on how it can better support parents …
Government Response Summary
The government details existing statutory parental leave and pay entitlements for employed parents and other financial support schemes, but states there are no current plans to introduce parental leave or pay entitlements for self-employed fathers or partners.
10
Conclusion
Deferred
Freelance workers in the music industry are more likely to be discriminated against yet in many cases do not have the same level of protections under equalities legislation as those subject to more formal working relations. The Government recognises this, as it does the benefits of extending the time limit …
Government Response Summary
The government deflected by highlighting the industry-led Creative Industries Independent Standards Authority (CIISA) as the mechanism for establishing safe and inclusive workplaces, rather than committing to the recommended legislative changes for freelance workers' protections and extended tribunal time limits.
22
Conclusion
Accepted
Sexual harassment and abuse in the music industry remains widespread. Aggressors act with impunity while victims who report actions against them very often face further harm by doing so. It is disappointing but not surprising, that non-reporting is high. Organisations should not assume a low incidence of reported cases means …
Government Response Summary
The government acknowledges the widespread issue of sexual harassment and highlights the Worker Protection (Amendment of Equality Act 2010) Act 2023, which will introduce a duty on employers to take reasonable steps to prevent sexual harassment from October 2024, including a compensation uplift for breaches.
23
Conclusion
Accepted
Awareness of what constitutes inappropriate behaviour and discrimination needs to be improved and reporting pathways made clear. A reporting structure needs to be available to everyone working in the industry, not just those who have access to HR departments, which we heard were at best ineffective and at worst damaged …
Government Response Summary
The government highlights the Equality and Human Rights Commission's existing guidance and investigative powers, and commits to publishing updated guidance for employers and an updated Employment Statutory Code of Practice by late 2024.
28
Conclusion
Rejected
CIISA is not a panacea for all of the problems of discrimination, harassment and abuse in the industry. It is not a statutory body. Reforms to the Equality Act 2010 remain essential in order for freelance workers to be adequately protected from discrimination. Ultimately, CIISA’s effectiveness will be judged on …
Government Response Summary
The government recognises freelancers but states there are no plans to change or extend the Equality Act 2010 for them at present, explaining that many freelancers are already covered. It is, however, looking into extending the time limit for bringing claims.