Why The TikTok Ban Was Lifted

[@J.Blogsblues-ns4to]

I can understand NDA's being used by famous people to ensure their private lives don't become the public property of those 'gossip' type mags, but I can't imagine an NDA is above the law and therefore must surely be voided in the case of witnessing or being subjected to illegal activity. If not maybe a law to that effect could be implemented without too much trouble?

[@dave_yarders]

Yes, that is already the case. I'd imagine the grey area is where a crime has been committed but isn't proven in court, would that still be exempt from the NDA? I don't know enough about the law and can't immediately find the answer online, but I'm sure the uncertainty is enough to keep a lot of people quiet. NDAs claiming that they can prevent you from reporting a crime, although unenforceable and illegal, absolutely exist too

[@DSQueenie]

NDA’s thrive because the general public is ignorant of the law. I’ve signed a lot of NDA’s because of my job and the majority of them are not in any way enforceable.

[@aliflanagan7669]

Really liked your article on this Marina, you really communicated the rage so many people feel about this.

[@james_9190]

colosseum of chat, a proper Alan Patridge line lol

[@_alex_cabre]

Lila Shapiro's article about Neil Gaiman is sickening but extraordinary journalism. definitely worth reading in its entirety, whether you're a fan of his work or not.

[@cwbrooks5329]

Yeah. It's brutal. I felt physically sick while I was reading it, but somehow felt I owed it to the victims to finish it -- if that makes any sense. I would seriously recommend that anyone who reads it tread carefully. It's not the kind of story you can read and just tra-la-la on with your day.

[@lakrids-pibe]

ugh... I was a huge fan of Neil Gaiman's writing. I LOVED the Sandman comics, Good Omens, Stardust, American Gods... This is incredibly disappointing

[@llanelli311]

He’s into kinky sex so what. You would be utterly taken aback if you knew who else was into life on the fringe of acceptability. What’s unforgivable is coercion , in any way.

[@keithsquawk]

@@lakrids-pibe Do I now have to ritually burn my copy of Coraline?

[@csurname]

@@llanelli311 so now you can react about his massive history of coercion

[@MrNilOrange]

Two professions ruining our lives- lawyers and insurance companies

[@Ron-Ayres]

My friend was 'sourced' for a Hollywood A-lister 15 years ago - let's call him Nom News - and was 'auditioned' as potential relationship material at a dinner date in London. She found it a bewildering and over-engineered experience. Needless to say, she too was required to sign a NDA before passing through aforementioned hoops.

[@stephenaskew4346]

I had to sign an NDA while working for a popular crisp manufacturer. I am bound not to disclose that Salt and vinegar or cheese and onion are used as flavour combinations.

[@dannyquinn9128]

Gary Lineker will be round your house within the hour.

[@chrislawley6801]

What colour bags

[@stephenaskew4346]

@chrislawley6801 could not say for fear of incarceration

[@randyschwaggins]

I KNEW Salt n Lineker wasn't a real flavour!

[@sallycostello8379]

Another Hollywood actor who must be devastated not to be ambassador is Kevin Sorbo (Jerkeules)😂

[@MrHerrGotlieb]

I imagine that Marina's camera going out of focus for a while mid-video is a continuation of the cataracts joke...

[@lourinabotha4898]

As far as I know, no contract supercedes the laws of a country. So, an NDA does not supercedes a country's law on abuse, rape or assault? You can report a crime, even if you did sign an NDA?

[@randyschwaggins]

Yes you can but you can also still be sued for breaching the NDA

[@populuxe1]

@@randyschwaggins More accurately someone can attempt to sue you for breaching the NDA but the judge is going to throw it out and order them to cover your legal costs.

[@populuxe1]

Yeah, I'm still scratching my head why they didn't state this outright. NDAs cannot be enforced where a crime has occurred.

[@gjlomas]

Question for the next Q&A: Why do so many A-list actors often take roles in low-budget, poorly received films later in their careers? Is it a matter of financial necessity, creative freedom, personal passion projects, or something else entirely?

[@sararichardson737]

You answered your question: financial claw in.

[@davehodson5039]

Alan Partridge style opening there 😂

[@dannyquinn9128]

You guys have the most schizophrenic upload schedule I've ever seen. Love the pod!

[@Panda3style]

See you next time, should be their sign off

[@Panda3style]

Wait it is Tuesday for once.

[@antiqueinsider]

Not to mention: 'See You Next Tuesday' is listed in the Urban Dictionary!

[@maxine2798]

Tuesday Wednesday and Thursday

[@kfeldinAZ]

Love you both!

[@johnadesola6992]

10:38 literally spat my coffee out 😅

[@horacephistbump]

Hey Marina. Check out your own employer, The Guardian. Just this week, Matt Brittan, who has been Google's "Prince of Darkness" for the last 20 years in Europe has joined the board of The Guardian. Ask him about NDA's, data and selling privacy!

[@missd2657]

Where do NDA’s stand in the ‘freedom of speech’ argument? Jeremy Clarkson for example is a strong supporter of freedom of speech, but also famously had an NDA with his first wife.

[@stuffhereprojects]

Always such an interesting and entertaining pod. Watching Junior Bake off and something random I would like to have answered is if the producers tell the kids not to swear because let's be honest kids do swear sometimes. If something goes wrong they will say something like 'sugar' and I'm not sure I buy that.

[@thescowlingschnauzer]

Referring to demanding NDA as "Mickey Mouse" is the most dripping irony.

[@andycain4351]

A wrestler signing an NDA only for the crowd to then chant it at him ? Who in the name of Chris Jericho would that be ? .......

[@adambastard]

Canadian not American! The learning tree needs no ndas!

[@totallybored5526]

His new gimmick is “king of the NDA’s”

[@thescowlingschnauzer]

DocuSign is not the problem. Courts enforcing convoluted contracts signed under pressure, that's the problem.

[@Panda3style]

Much love.

[@kingman.mp4]

I've heard of a requirement of an NDA being the signatory not being able to say they've signed an NDA. Not sure if that's true, or common.

[@tazulrich8207]

It is still not available to download in the Google app store and many users who were logged out can't log back in due to "multiple violations" on an account that never had any flags.

[@bluebellbeatnik4945]

Oh this is actually fantastic. I just realised I can get a job as a PA for any celebrity and pretend I have a history of working for celebrities who have all asked me to sign NDAs. You couldn't even give them a reference. I suspect they'd want a clue 'rhymes with pee-on-ardo bi gaprio'. Edit - Richard just said that after I wrote it. Will do this.

[@Keep-learning-on]

Factual inaccuracies about bytedance and TikTok. Bytedance is based in beijing. TikTok is in Singapore. Think of bytedanceTikTok as Google KZbin.

[@ShipsKat]

They said that @32:00

[@zednott688]

I would probably suggest that the rise in NDAs has followed the trajectory of the democratisation of news and publication - now that literally any person on the planet can make a post to social media that has the potential to go viral, no secret is safe. before, a person with a story needed to convince a gatekeeper in traditional news media that their story was worth publishing, a huge barrier that meant simply that many less secrets were published. now, you need to worry about everyone, not just those with contacts in media. and there is just more news now too! more channels for one, but also now everyone consumes hours of short form video, each of which is a potential news story.

[@artiezonk]

Wasn't Zuch in court for selling everyone's info? The theory is that Meta might buy TikTok but all the user have been saying that they will just delete all their Meta accounts if he buys it.

[@CryWillus]

I wasn't really looking at the screen, then I glanced up and the coloured lighting made me think Marina had dyed her hair purple. I've got to say I think purple would suit her!

[@sararichardson737]

Funnily enough,I was thinking about getting legal counsel, with AI.

[@KevinClairSoutham]

It’s true you have to be rich to avail all the finer aspects of the legal system but you don’t need to be rich to put an NDA together and get someone to sign it. One of the reason for their proliferation is they so easy and cheap to put together, mostly less than two pages. Of course enforcing it is another matter…

[@fozzyami]

I can imagine celebs issuing NDA's on dates is because of what happened to Aziz Ansari.

[@totallybored5526]

And who wants to go on a date then read about it in the papers, whether it went well or not? Or have people selling stories about them or their families to the papers, or telling everyone on social media?

[@cbpoppet1288]

Every single person in Trump's orbit could feature as one of the Expendables.

[@savyjett]

NDA’s (in US law) DO NOT protect you when you break a law.

[@muddyrivers5534]

There are key things to verify and negotiate if needed with NDA: - the period that you need to keep the information confidential; it should be reasonable, like until X date or the movie releases, rarely for "life"; - the period that they can disclose things to you - should cover just your period of having access. - specifically the type of information being shared to be kept confidential; it shouldn't be any broader than it needs to be In general NDAs are not enforeceable when criminal or court orders even deposition orders require you to share Also, the monent the information is puublish or released through other channels, you should be released from it

[@randyschwaggins]

Source: Bro Law

[@populuxe1]

Yeah, I feel if they're going to talk about NDAs in relation to Gaiman and Palmer, the first thing they should have said is that an NDA cannot in any western jurisdiction be used to hide a crime. If you have been assaulted, they cannot use that NDA against you. The failure to state that is absolutely infuriating.

[@AnneAslaug]

Regarding Harvey Weinstein: The term "casting coach" preceeds NDA's by several decades....

[@gregsmith2001]

I know you need to get paid. But there are so many adds in today’s episode!

[@Subcomandante73]

Grifters gonna grift. Leon Skum forgot the simple lesson...never go full Dr Strangelove.

[@matthewbyrne8196]

My eyesight seems much worse on Marinas lens vs Richards. The out of focus is very distracting during her brilliant NDA rants

[@lakrids-pibe]

Yes, I remember that scene where they are in a plane where they think they are about to crash, and one of them confesses that he is gay. And then the pilot turns around and says that everything is in order. I remember it from *Almost Famous* from 2000. But Father Ted is a great show too. "Down with this sort of thing" "Careful now"

[@daviebananas1735]

It was in Father Ted in 1996 to be fair.

[@csurname]

ah but Almost Famous was set in 1969 so it's earlier

[@daviebananas1735]

@@csurname Check mate, atheists.

[@Ngry_W]

"When he was exposed it was a huge thing" - good choice of words lol

[@populuxe1]

But you didn't mention that fundamentally an NDA is not enforceable where a crime has been committed. Why wouldn't you mention something that basic?

[@ggproductions7078]

mmm, not sure about the put your idea out there at all times, I have seen too many people have their ideas knicked/borrowed. Just my two penneth.

[@jezlawrence720]

I have signed a completely reasonable NDA, which did not say I could not say I had signed an NDA, because it was completely reasonable and to protect already created content that had not been released yet. Made perfect sense - you don't want your beta testers leaking an opinion on unfinished content when they should be giving that opinion to *you* in case you need to make changes. Gladly signed it, totes fine. I've also, like all central gov civil servants, which I was when I was younger, signed the official secrets act which is essentially the worst NDA you could possibly breach. I was dealing with citizens data on a daily basis, was privy to things like ongoing fraud investigations because my role was investigator-adjacent, all that kind of stuff. Again, totally reasonable. I'd want people who leaked that stuff hauled over every coal possible unless they were revealing a bigger injustice in which case they should have a defense... but should certainly end up in court. NDAs aren't a problem. Motive is.

[@NgaTaeOfficial]

Yup. I alpha test software for a large company. I’m under NDA to not reveal anything that isn’t yet public, and fair enough. 👍🏻

[@elizabethworthington5228]

This is my favourite favourite podcast but I just have to correct Marina, Mel Gibson won an oscar for Brave heart. Sylvester was nominated even if he didn't win. I get it's a jest but Wikipedia have taken it seriously 😅. I mean it's crazy and I couldn't even watch the inauguration yesterday because tears for my friends over there were flooding my face. I still can't quite believe they voted him back in.... Keep up this brilliant bi-weekly moment of sanity. I love it, thank you.

[@KristineMaitland]

Actually Stallone was nominated for 3 Oscars: 2016 Nominee Oscar Best Performance by an Actor in a Supporting Role Creed, 1977 Nominee Oscar Best Actor in a Leading Role Rocky 1977 Nominee Oscar Best Writing, Screenplay Written Directly for the Screen Rocky

[@steveb1972]

Why was the Tik Tok ban lifted? To make Trump look good 😒

[@seanfaherty]

Enabling your enemies to feed your children lies is never gonna look good

[@KevinClairSoutham]

Tom Cruise is one who issues NDAs to women he wants to date.

[@neilturner1661]

TUESDAY EPISODE!!!

[@DSQueenie]

16:20 in regards to AI in the legal system. The main issue here is that some lawyers have been caught using AI but the current AI tends to lie a lot so it can’t be reliable. I think it’s very possible that someone could make an AI just for, let’s say, the English legal system and only fill it up with knowledge of precedence and contracts that have been successful and how they were worded but then we’re not really talking about AI, we’re talking about a glorified search engine. I think it would be certainly interesting to see if AI can replicate the thing that you actually pay for when you hire a lawyer which is knowing what argument will work with what judge. It’s a very small community and that information is a premium. That isn’t really a good way for an AI company to steal that information since it’s not online. Also, I would imagine that the AI lawyer bot would find it difficult in any situation where the law changes.

[@DannyDenay]

I've not signed an NDA. But I have signed a Settlement Agreement that prevents me taking legal action and got paid for it. I'm definitely not supposed to be saying this. But what are the chances my shitty landlord will see this comment.

[@TheCaptScarlett]

Danny, your ex-landlord here. What are the chances....

[@frankcaratti]

these people are completely clueless, Gibson won an oscar for Braveheart, he co owns Icon entertainment, directed Appocalypto, The passion of the christ, hackshaw ridge

[@TheTrueCyberpig]

Official secrets act here. Old and probably expired

[@dangermouse0480]

That wrestler was Chris Jericho

[@ivy7-rj7mo]

Love the show. Please discuss the traitors

[@bjarkih1977]

The problem with TikTok is not the ownership. The servers are located in China and are forced to share all information with the CCP government according to Chinese law.

[@seanfaherty]

Same as American law for Facebook and Twitter

[@bjarkih1977]

@@seanfaherty The difference is that the institutions in the USA aren't beholden to a single authoritarian political party, at least not yet.

[@seanfaherty]

they have been since the Patriot Act. Don’t fool yourself. Read Snowden

[@KevinClairSoutham]

I’m no podcaster but every week our subjects jump in and out of focus. Given they are sitting in one place for the whole thing surely some sort of fixed focal length is the answer. I’ve criticised the editing in the past - this podcast is starting to look shoddily put together.

[@frankbevan413]

Stop letting people make money from TikTok = problem solved

[@rhetorictheentertainer1072]

What if I was doing a doco about you singing nda's

[@comicssecrethistory3538]

By the way; Gaiman and NDA'S; Publicly Gaiman is/was a Free Speech activist/absolutist.

[@Elwaves2925]

Many people are for free speech until it can be used against them.

[@lakrids-pibe]

Free Speech absolutist? Really? Well, there's a red flag.

[@MikusMusik]

Somebody tell the #AccidentalPartridge account about the colosseum of chat bit ;)

[@christiangedet8888]

No Schwarzenegger as envoy? He's already been Governor of California like Reagan before him

[@ilpalozzo]

Trump does not like Arnold. And Arnold is these days a fairly reasonable guy and definitely anti Nazi due to family history

[@owenwilcox]

Arnie came out in support of the Democrats before the election so he's certainly not in Trump's good book.

[@populuxe1]

He also despises Trump and has been very public about it.

[@sluglife9785]

Porn should probably just have a whole separate internet which is highly regulated and easy for countries and households to ban should they so choose. The libertarian nature of the internet will inevitably be streamlined into channels eventually.

[@djlondon7956]

Well, NDA signed or not: if someone's clearly crossed legal lines I'm telling on them. What the actual F!? 😅

[@longjonwhite]

Yeah, I had that exact thought.

[@populuxe1]

NDAs cannot be enforced where a crime has been committed in any jurisdiction that I'm aware of. They might *try* to sue you, but it will get thrown out.

[@badgerisland72]

Please stop using his face in your show thumbnails, it’s discouraging to watch.

[@bluebellbeatnik4945]

it was trump's plan all along to look like the hero by reinstating tiktok, however gen z appear to be rebelling and won't return to tiktok plus they're going off meta too.

[@NinaGray-eq9on]

Why do you talk about Gollywood as if it's just about film & tv? The music scene there is just as important - there were lots of music studios and musicians still there at the time if the fires starting to engulf.

[@dmontes133]

🤣🤣🤣

[@susanlindarice]

can we ban X in europe?

[@pelman5483]

Interesting to see Gaimans est. worth. I'd have thought it a lot higher.

[@markh5572]

Marina is spoiling this podcast with completely insufferable remarks becoming a regularity.

[@costeris35]

I think she is the best thing about this podcast. Without her it is just Richard liking mass entertainment without any flavour.

[@futurehistoric]

Please. I'm begging. Stop your editor doing these unnecessary and irritating jump zooms. I'm seeing them everywhere. They're arbitrary and auto-added (by the looks of it) and really diminish the watching experience..

[@mikeb3018]

Did we really need 20 mins of NDA chat..?

[@coachcarson4762]

I enjoyed it :) Also, they put timestamps so you can skip if you want!

[@WH-hi5ew]

I'd love to answer this question publicly but I've signed an NDA

[@mikeb3018]

@WH-hi5ew haha 🤣

[@firstclassmaleuk]

Quite the contrary. We need this front and centre every news bulletin. Then those who have felt compelled to silence by NDAs, can call out heinus acts by the rich and powerful who are hiding in plain sight.

[@FCMorba]

Sorry but lost me half way through NDA talk, just too much about it with little relevance to “entertainment” :(

[@coinopanimator]

Can we stop talking about things until they've had their day in court. Then chat to your heart's content. Let's see what the law has to say.

[@grantc61]

Marina: we can all see your nose - people listening to the podcast can see your nose! Stop playing with it! Stop wiping, poking and probing. It's a weird tic.

[@Robert-e9m8r]

Its so many of you lot media types so what is wrong with you all. I work in a normal job and I have never thought here we go lets tit someone up or worse. I just don't get it never had never will

[@steveb1972]

Loads of Tik Tockers moved to pornhub! Apparently a third of the content on there ISN’T porn! I read about an online teacher who moved to pornhub - among other reasons, she said she made more money with the same content than KZbin or Tik tok!

[@BF-up5xw]

Yes, I've heard a number of KZbinrs mention it as a possible fallback. I was surprised when Marina singled it out as I had never heard the suggestion that it hosted illegal content such as Marina described. I'd have thought that the problem with taking down illegal content is that it is not out in the open on a big platform that governments could block. And that the police are in the business of finding it and prosecuting the perpetrators. Maybe I'm just very naive.

[@costeris35]

@@BF-up5xw you are. They had to take down millions of video’s in 2020 because of the worst kind of illegal content and it is still a problem.

[@BF-up5xw]

@@costeris35 I had no idea. That's awful.

[@csurname]

​@@BF-up5xw I don't keep up to date with Pornhub, but there's the many participants who are exploited, which isn't inherently the fault of the site brand but they definitely need better protections against it. Then there's the 'teen' category (this might no longer explicitly stand), the fetishisation of minorities, and the cheeky manner they adopt as a brand whilst they do all this...

[@csurname]

oops, I just remembered all the stuff about choking, human deaths inspired by pornhub

[@KevinClairSoutham]

It’s true you have to be rich to avail all the finer aspects of the legal system but you don’t need to be rich to put an NDA together and get someone to sign it. One of the reason for their proliferation is they so easy and cheap to put together, mostly less than two pages. Of course enforcing it is another matter…

[@populuxe1]

And it can't be legally enforced to cover up a crime.

[@KevinClairSoutham]

@ I’m not sure that’s true. If the crime was perpetrated on you then you under no obligation to report it, and actually it isn’t illegal to not report a crime you witness. As citizens we have a moral and ethical obligation to do so but not legally. If I know of a sexual assault I don’t have to report it and I can’t be forced to give evidence on it. If I sign an NDA in exchange for my silence that is my choice and it can be enforced. Often it isn’t enforced because it’s a PR own goal.

[@KevinClairSoutham]

@ if you choose the break the NDA you are subject to the penalties listed in the NDA which might be giving the money back to sign it in the first place or some other punitive forfeits

[@populuxe1]

​@@KevinClairSouthamSpecifically in cases of SA that might hold if a statute of limitations has expired and you are pressing a civil case, but statutes of limitation are increasingly uncommon. Also if you are a SA survivor it will be recognised that "choosing" not to report it could be PTSD or coercion. In many places if the police have reason to think you have been assaulted they can investigate and press charges anyway and you will still be compelled to give evidence.

[@populuxe1]

@@KevinClairSoutham I'm not sure where you live, but in most countries if you know of a sexual assault, yes you are legally obliged to report it, and if you are interviewed by the police or deposed by a judge, you are not bound by an NDA. In court, if you refused to disclose, you run the risk of contempt. An NDA cannot legally make you complicit in a crime, and I assure you, impeding a police investigation is very much a crime.

[@FCMorba]

Sorry but lost me half way through NDA talk, just too much about it with little relevance to “entertainment” :(