The rise of Sex NDAs in Celebrity Culture: Why Every Public Figure Should Use One

In a world of high-profile celebrities, privacy is a commodity that can only be protected through the use of Non-Disclosure Agreements (NDAs). I was recently rewatching the earlier seasons of Vanderpump Rules and remembered the use of NDAs that were signed by some of Lala Kent’s friends, to not disclose any information about the boyfriend she had at the time, who was a well-known film producer (Randall Emmett). They weren’t allowed to talk about her boyfriend and even signed NDA agreements where they headed to parties and stayed at a house during Coachella season but weren’t allowed to share any forms of communication on social media regarding who her boyfriend was. There was a particular scene where three cast members went for coffee, where one member shared the confidentiality agreement and briefly brought up some clauses. It immediately sparked my interest about three weeks ago so I drafted up clauses that I assumed could essentially be used in an NDA regarding sexual partnerships. I strongly believe all public figures should be protected and set a boundary - especially with people working outside the entertainment industry - and get them to sign NDAs to not talk about their relationship, affair or the celebrity’s sexual preferences (or any intimate information). So while NDAs in the traditional sense may be commonly associated with business transactions and intellectual property, they are increasingly being used in the realm of personal relationships - particularly when it comes to sexual affairs.

Now you may wonder why celebrities use NDAs in private relationships and why they should matter. But they do - for several reasons. Public figures need to protect their reputation and brand - and such NDAs are used to maintain control over their public image in how they influence public perception. If high profile individuals engage in short-term or non-serious relationships, they should definitely prevent their sexual partners from discussing their private lives publicly. But instead I want to address it in a more legal matter. NDAs protect celebrities in helping them avoid scandals and blackmail, which is exactly what non-public figures want to exploit if they don’t get what they want from the public figure. It’s no surprise that public figures pursue Sexual Encounter NDAs because they may fear being extorted or even having private encounters weaponised against them. But most importantly, this NDA would provide legal leverage in future disputes. If a former sexual partner attempts to expose or exaggerate details about their relationship with a celebrity, this NDA provides legal grounds for a lawsuit. I think everybody should use them and I even drafted a sexual NDA sample for myself a few weeks ago just in case I’d ever need to use one (now I’m not a high-profile celebrity, but I’m kinda a pretty big deal).

But instead I kind of want to look into the legal framework of NDAs when it comes to personal relationships - because none of this could really be found in most forms of legal academia. A Personal Relationship NDA (Personal NDA) or Sexual Encounter NDA is a contract that prevents an individual from publicly discussing or sharing details about their relationship, communication, or intimate encounters with a public figure.

The first things that came to mind (after watching that scene in VPR where the cast members bring up elements of the confidentiality agreement) are public disclosure, social media restriction, text messages and private communications, photographs and video content but also perhaps third-party disclosure. So then one would not be allowed to discuss the relationship, sexual activities, or any personal interactions with the celebrity. No posts, no tweets, TikTok’s or other forms of digital content related to the celebrity or the relationship. Sharing screenshots of private messages, emails or voice notes would also be strictly forbidden. I think one of the most important clauses to outline however would be denying the permission of photographs and video footage, as this is the fastest way for people to create evidence that they were with a celebrity. But by signing an NDA beforehand, such individuals would be denied the ability to take, distribute or leak any photos, videos or recordings relating to their encounter with the celebrity. Third-Party disclosure is perhaps the hardest to form, as this would be a very strict Sexual Encounter NDA that would prevent the individual from discussing details with friends, family, and of course journalists or anyone else working in public spheres of entertainment.

Now.. this is where things get real. In many cases (after searching up celebrities using such NDAs in the past), these agreements also include liquidated damages clauses, meaning that a breach of the NDA results in an automatic financial penalty, that could even amount to millions of dollars. Even though celebrities have made headlines for requiring sexual partners to sign NDAs, people have argued that these agreements are beyond being a tool for maintaining privacy; if you really think about it, it’s a way of marking your importance in your social standing - and although that might be a way to gain respect, it can also be perceived as a way of exerting control and silencing individuals. This was definitely the case with Harvey Weinstein using NDAs to silence women who accused him of sexual misconduct (which is another debate in regarding to the ethical boundaries of such agreements), but also Tiger Woods allegedly having multiple women sign NDAs regarding his extramarital affairs. Now there’s more common examples like Justin Bieber, who was reported to have required guests at private parties to sign NDAs that included strict confidentiality clauses - but this is perhaps more common in the Music Industry given the drug use at parties, where such NDAs protect the potential cost of reputational harm - in the context of substance use and perhaps even strippers or sex workers.

But here’s the thing, Sexual Encounter NDAs can be enforceable as long as there’s clear and reasonable terms. This is because overly broad or vague NDAs could be regarded as encouraging miscommunication and therefore be unenforceable in court. If there’s voluntary consent, meaning that the individual isn’t signing the celebrity’s NDA under duress or coercion, that’s also legally enforceable. But let’s not forget public interest and free speech. Courts will refuse to uphold an NDA if enforcing it would suppress allegations of illegal activity (such as sexual assault). This is where you have to pay attention to legal jurisdictions, because some have begun to scrutinise such NDAs. The STAND Act (2022) in California for instance restricts the enforceability of NDAs in cases of sexual misconduct.

Now I know people are bound to disagree with this take, so I definitely need to clarify that I do recognise that Sexual Encounter NDAs can unfairly benefit powerful individuals, by silencing partners who might have legitimate concerns. Even though that is sort of the point. I’m merely viewing this through a lens where the self-interests of the public figure is served, where their image is enhanced and strengthened, where individuals of less (public and social) importance are given a set of boundaries and should treat the public figure with a sense of respect and honour to even be around their sphere and public presence. Or else they get too comfortable and begin to exploit and tactfully social climb their way to other public figures - these individuals have to be stopped; for if they come from a low-income background, have financial insecurity, lack talent, have nothing important to give or offer to the world of entertainment - they should not hold any place or power in such spheres of the public life. There isn’t a shortage of rich, affluent and wealthy men that they can align themselves with in non-public spheres of the world who are not famous but can still provide a luxurious lifestyle for them. These NDAs protect a public figure from being exploited by a private individual who simply wants to capitalise on their name and achieve public fame, with little substance to contribute to society from their own selves. So personally, I maintain the idea that these agreements can actually serve a legitimate purpose in protecting personal privacy.

I drafted up a NDA (took me around 30 minutes - didn’t include my digital signature) several weeks ago and even though it’s very vague, I more or less expect one to look something like this. Take from this what you will, but I encourage every public figure to pursue Personal NDAs / Sexual Encounter NDAs and to above all things watch out for number one. No matter how established, whether you are a social media influencer or a D-list actor, establish a sense of superiority if that’s the means to earn public respect and don’t ever agree to get your hands dirty at the cost of your own character.