Have a sexual harassment policy for your film or TV show cast and crew
"Section 6 of the Employment Act of Kenya defines Sexual Harassment but also requires that anyone who employs 20 or more people should have a sexual harassment policy."
I believe it is important for anyone who has any type of workforce in the media and entertainment industry to professionally and legally protect them from harm and to create a safe and conducive working environment.
Section 6 of the Employment Act of Kenya defines Sexual Harassment but also requires that anyone who employs 20 or more people should have a sexual harassment policy. And this policy should be put in place after consulting with the staff.
Film and television cast and crew are usually hired on a contract for services basis, meaning that most times not all of them are employees of a production company. However, the circumstances and nature of their work are in many ways similar to those of any other organization that has a sexual harassment policy that offers protection not only to employees but also contractors, freelancers, interns, students on attachment and casual workers.
A sexual harassment policy protects the production company, the cast, the crew and any other extra person coming to provide any type of service on set. This additional people may be actual extras for filming, the caterers, the nurse, or the security guard(s).
For purposes of clarity sexual harassment is unwanted, inappropriate and unwelcome behavior of a sexual nature. It can be physical, verbal, non-verbal, or written. Sexual harassment in some cases is sexual assault and will be treated as a criminal offence that must be reported to the police. Sexual harassment is not about sex but about power and its abuse. It happens to people of all genders.
Therefore, if your film or tv show involves more than 20 people, you are required by law, and human decency, to have a sexual harassment policy that covers both on-set and off-set staff or workers.
In addition to that since 2017, with the MeToo movement, it’s been made clear around the world that sexual harassment in the film and entertainment industry is something that needs to be addressed. It will take time, as it has in other industries, there will always be conflicting opinions and ideas about what sexual harassment is and who is “overreacting and being too sensitive” but at the bare minimum let’s meet the legal requirement set out in the Employment Act.
Before production begins it’s advisable to have a form of safe-space stakeholder meeting with all cast and crew to talk to them about sexual harassment, hear their views on it, listen to their past experiences and challenges, and get a sense of the type of working environment they need up to what kind of protocols they may require for the shooting and editing of intimate scenes.
Once this is done the sexual harassment policy can now be created and all cast and crew must be trained on the policy. After the training they will all sign individual sexual harassment policy forms acknowledging that they have been trained on the policy, they have been given a copy of the policy, they understand all its contents, and they will abide by the policy. One copy of the form remains with the production company, the other stays with the cast or crew member. To this extent always remember to inform any new cast and crew of the policy, train them, and have them sign the policy form. Mkondo ni ule ule.
And this what your policy should have as per Section 6(3) of the Employment Act:
The definition of sexual harassment as specified in the Act, which is;
“An employee is sexually harassed if the employer of that employee or a representative of that employer or a co-worker— (a) directly or indirectly requests that employee for sexual intercourse, sexual contact or any other form of sexual activity that contains an implied or express— (i) promise of preferential treatment in employment; (ii) threat of detrimental treatment in employment; or (iii) threat about the present or future employment status of the employee; (b) uses language whether written or spoken of a sexual nature; (c) uses visual material of a sexual nature; or (d) shows physical behaviour of a sexual nature which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that by its nature has a detrimental effect on that employee’s employment, job performance, or job satisfaction.”
A statement that every employee is entitled to employment that is free of
sexual harassment.
A statement that the employer shall take steps to ensure that no employee is subjected to sexual harassment.
A statement that the employer shall take such disciplinary measures as the employer deems appropriate against any person under the employer’s direction, who subjects any employee to sexual harassment.
A statement explaining how complaints of sexual harassment may be brought to the attention of the employer; and that the employer will not disclose the name of a complainant, or the circumstances related to the complaint to any person except where disclosure is necessary for the purpose of investigating the complaint or taking disciplinary measures.
It’s good to also include:
A definition of the workplace in the context of film and TV production.
The extent to which the policy applies to contracted workers, freelancers, interns and students on attachment.
The extent to which the policy applies to children on the cast.
The extent to which the policy applies to cast and crew when they are not working or are in social settings like parties and entertainment spots.
How consensual relationships among cast and crew will be disclosed and when they are considered inappropriate.
The outcomes of a complaints procedure and investigations and accompanying consequences for any cast or crew member found to be a harasser.
The appeals procedure if the whole outcome or part of it is unsatisfactory to the harasser or complainant.
Any follow-up or support that will be given to victims of sexual harassment.
What happens to cast or crew that make false claims/accusations.
A section/clause that protects victims of sexual harassment and staff or crew who report sexual harassment from retaliation and victimization.
All the best!
© Linda Musita 2022