R ussell Brand was sentenced to more than 10 years in jail yesterday, after being convicted of raping one woman and sexually assaulting three others. The details that emerged from his case have been shocking and at times deeply disturbing. We have witnessed the bravery of the women who came forward to seek justice – and the brazen and brutal sense of entitlement exhibited by a pampered star at the height of his fame.
The Brand trial brought into sharp relief many of the victim-blaming attitudes I have spent my professional life as a criminal barrister trying to challenge. Old tropes emerged about victims not screaming out during rape and not reporting immediately. This is why lawyers who conduct sex cases should be required to hold a certificate that they have undergone recent additional training. The justice system has to provide women with a fair opportunity to obtain justice, without subjecting them to discriminatory assumptions and further trauma.
However, I am encouraged that Brand’s convictions may indicate progress towards a more sophisticated understanding of consent, rather than simply writing off women who agreed to intimacy but are subjected to acts to which they gave no consent.
The case also tells us about the entertainment industry in which he operated. As the culture secretary, Lisa Nandy, said at the weekend: “I can’t say to you as the culture secretary that this is not happening today. In fact, if I had to wager, I would say it is.” The abuse of power by senior people who exploit the vulnerability of others is certainly not confined to the creative industries, but the power dynamics in these industries are particularly acute. There are high-profile executives and “talent” whose fame and reputation can bring a hubris and sense of impunity.
The creative industries also rely on a huge freelance workforce, all on short-term contracts. Hiring practices are overwhelmingly informal – it’s all about who you know and what they think. For those at the bottom, reputation is everything. That’s why so many freelancers are scared to speak out when facing abuse or harassment; they are terrified they will be marked as “difficult” and jobs will simply dry up.
In my role as chair of the Creative Industries Independent Standards Authority (CIISA), I’m pleased to see the industry taking these issues seriously. We have worked with leaders in film, TV, music and theatre to develop and agree the CIISA Standards . These set minimum requirements for safe and inclusive working environments that apply to everyone; which in creative settings include informal spaces such as rehearsal rooms, tour buses and awards shows. The standards specify that everyone should know when, how and where to report concerns, anonymously if preferred, and how those concerns should be handled.
The BBC and ITV require production companies to adhere to these standards through their commissioning agreements, and Bafta has included them as part of the eligibility criteria for its film and TV awards. This kind of proactive preventive action and consistency of approach is vital. However, the vast majority of creative businesses are small. They don’t have HR teams, their budgets are shrinking while their workload is getting bigger, and they don’t always have the capacity to manage challenging situations as effectively as required. People can still fall through the cracks.
That’s why in June of this year parliament made CIISA an official whistleblowing body for those working in film, TV, music and theatre. Workers can now report confidentially to CIISA and be entitled to legal protections, even where they may have signed non-disclosure agreements – a pernicious practice that is far too prevalent for victims of harm in the creative sector. This means that for the first time we can now identify patterns of harmful or inappropriate behaviour across multiple projects, employers or even creative sectors. This will help us understand where problems persist, identify and report on emerging risks, and make evidence-based recommendations for change. In cases where there are urgent safeguarding concerns, CIISA can help people access the appropriate support and refer matters to the relevant authorities – which in the most serious cases will be the police.
This alone is by no means a solution itself to the problem of powerful men abusing their positions to exploit and abuse junior workers, but it is a start. We need to see more creative industry organisations adopt and implement these standards. Everyone deserves to work in dignity, and to know that unacceptable and abusive behaviour will be held to account.
Helena Kennedy KC is a Labour peer and the chair of the Creative Industries Independent Standards Authority
