On 14 May 2026, the Creative Industries Independent Standards Authority (“CIISA”) reached a pivotal milestone in its young existence. Parliament formally recognised CIISA as an independent external whistleblowing body for the film, television, music and theatre sectors.

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2026 (SI 2026/478), which comes into force on 2 June 2026, designates CIISA as a “Prescribed Person” for whistleblowing disclosures relating to those sectors. This statutory step confers legal weight on a body which, until now, has operated without formal recognition under UK whistleblowing law. Its arrival follows the reporting and litigation of a number of cases of alleged serial abuse, in which the need for safer, independent reporting channels in Britain’s screen industries has been brought into focus.

Under the Public Interest Disclosure Act 1998 and the Employment Rights Act 1996, workers who wish to make a protected disclosure (in other words, “whistleblow”), may do so either to their employer or to a body prescribed by the Secretary of State (known as a “Prescribed Person”). ‘Workers’ in the context of film, TV and the wider media and entertainment industries will comprise more than just employees, and will also encompass most freelance hires including crew, cast and talent.

Whistleblowing attracts important statutory protections: the whistleblower is protected from dismissal, detriment and other forms of retaliation connected to blowing the whistle, provided that the disclosure meets certain, fairly broad criteria. Crucially, becoming a Prescribed Person means that workers may be entitled to report concerns to CIISA even in circumstances where they have previously signed Non-Disclosure Agreements (“NDAs”).

This latter point is potentially significant. Concerns have been raised regarding the misuse of NDAs to silence victims of misconduct in many sectors, including the creative industries. For example, victims of Harvey Weinstein and others have spoken publicly about being gagged by such agreements and the chilling effect this had on their ability to come forward. In connection with this, the recently enacted Employment Rights Act 2025 plans to ban the use of confidentiality provisions when used in connection with discrimination and harassment allegations. The ban will supposedly be introduced at some point in 2027, although the proposal itself carries a degree of controversy given the potential for it to increase claim numbers considerably if settlement becomes less attractive to employers.

Regardless of whether or not the NDA ban ever sees the light of day (it is pending consultation, like much of the new ERA!), the new Prescribed Person designation for CIISA is a sensible step, providing a formally recognised channel through which disclosures can be made.

As Baroness Helena Kennedy, chair of CIISA, has observed, the designation marks “a significant step forward for CIISA and the potential impact of this within the creative sector in identifying and preventing harm should not be underestimated.“

The effect of this designation on CIISA itself should not be understated. CIISA emerged from the Time’s Up UK movement and has, since its inception, developed a set of industry standards encompassing commitments to safe working environments, inclusive working environments, open and accountable reporting mechanisms, and responsive learning cultures.

CIISA’s first-stage Reporting Service is set to launch in September 2026, initially focusing on building a clearer picture of the behaviours and practices affecting people across the sector, rather than acting on individual cases.

Disclosures CIISA receive will inform its reporting and it will consequently provide recommendations to improve workplace culture and standards across the sector. In subsequent years, the service will evolve into an independent reporting mechanism with the capacity to create data sets and an early intervention function designed to identify patterns and address problems before they escalate. The ambition, over time, is for CIISA to be able to log complaints about a specific individual working across different projects to enable intervention at an early stage.

For employers, including production companies, broadcasters, streamers and other commissioning bodies, the designation creates a new external reporting channel that sits alongside, and may in practice operate as an alternative to, internal grievance mechanisms. CIISA’s services will be free at the point of use for individuals, making them accessible to the freelancers who make up a significant portion of the sector’s workforce.

CIISA has also opened registration to organisations in the sector that wish to signal their commitment to embedding the CIISA Standards, intending in due course to publish a register of donors. The move toward a “register model” is designed both to provide CIISA with a sustainable funding base and to enable registered organisations to publicise their association and commitment to preventing harmful behaviours.

For subjects of complaints, the implications are more nuanced. CIISA has been clear that, in this initial phase, its reporting service will focus on building sector-wide insights rather than adjudicating individual cases. It is very much not an investigatory or disciplinary body. Nevertheless, the existence of a centralised body with the capacity to log disclosures and identify patterns of behaviour across multiple projects and organisations could provide additional accountability for the industry.

In practical terms, creative industry clients should note several immediate practical implications of the designation:

• Existing confidentiality clauses in settlement agreements or employment contracts cannot lawfully prevent a worker from making a protected disclosure (whether to their employer, to CIISA or to any other Prescribed Person). Any attempt to enforce such a restriction could itself constitute a detriment under whistleblowing law.
• The CIISA Standards, which include a specific expectation that organisations should not use confidentiality clauses to prevent individuals from reporting harmful behaviour, could encourage individuals to breach confidentiality irrespective of whether the proposed NDA ban comes into force. Businesses may therefore need to bear in mind a greater risk of allegations being disclosed post-settlement and the mitigation strategies they can apply in such scenarios.
• The phased rollout of CIISA’s services means that considerations in this area may further evolve over the coming years. Organisations would be well advised therefore to consider a full audit of their internal policies and risk-prevention strategies in this area, which will be even more important from October 2026 with the expansion of the sexual harassment preventative duty.

CIISA’s new Prescribed Person designation does not, of itself, resolve the challenge of how to prevent misconduct and harassment within the creative industries. Nonetheless, it is certainly a development that has the potential to heighten the scrutiny that such businesses are increasingly facing.

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