Ministers are looking at ways to change the law quickly to stop non-disclosure agreements being used to cover up harassment and discrimination, in the wake of the allegations made about David Walliams.

The move could extend protections that currently stop an NDA being used to silence an employee so that they also cover freelancers, volunteers and others who work outside a traditional employment contract. A government official said ministers were examining what could be changed fast, including without new legislation where loopholes exist.

“We are very much in the space of looking at areas that we can change quickly and without legislation if there are loopholes,” the official said. “It is still early but extending these protections beyond employees is definitely the sort of thing we are looking at.”

What happened

A joint investigation by the Guardian and ITV News reported that Walliams used his power and status to prey on young women for sex. There have also been reports that an NDA was used by an employer to silence at least one woman connected to him. Walliams, one of Britain’s best-known television personalities and a bestselling children’s author, denies any wrongdoing.

The Employment Rights Act already bars NDAs being used to stop employees disclosing possible harassment or discrimination, and a recent government consultation looked at extending that protection more widely. Campaigners had been pressing for stronger safeguards before the Walliams allegations, and before the conviction of Russell Brand, who was jailed on Monday for rape and sexual assault.

Meeting next week

The push is expected to speed up after a meeting planned for next week between Lisa Nandy, the culture secretary, and representatives from television and film, as well as publishing and sport, to discuss new protections. Both television and film rely heavily on freelance and contract staff.

Answering questions in the Commons on Wednesday, Nandy agreed with a Conservative MP that NDAs were being abused, saying they were “central” to the problem of enforced silence. She said she was working closely with colleagues at the Ministry of Justice and had discussed the issue with them over recent days.

“This will be part of the conversation that we have with the creative industries when I convene the roundtable next week,” she said.

Ministers back going further

Bridget Phillipson, the women and equalities minister, told Sky News there was “scope to go further” on restricting NDAs, so the legal system was not “abused in order to silence women”. Asked whether that could include looking at a ban, she said: “Yes, because we cannot have a system where rich and powerful individuals, rich and powerful men, are able to silence women by their silence and stop things coming to light.” She added that Ministry of Justice colleagues were looking at what the government could do to intervene so injunctions were not misused.

Under existing legislation, NDAs cannot be used to stop victims or witnesses of crime from giving information to certain specified bodies, such as the police or regulators. One possible change would extend that protection so people could speak about crimes to anyone, including the media.

Campaigners welcome the move

Zelda Perkins, a former personal assistant to Harvey Weinstein who broke an NDA that barred her from discussing the now-jailed Hollywood producer’s behaviour, has become a leading campaigner against the misuse of such agreements. She said she hoped the government, led by the Department for Business, Innovation, Science and Trade, would be galvanised by the Walliams allegations.

“Extending protections over harassment and discrimination beyond employees is absolutely key, and this is something where we need to keep up the pressure,” she said. “The last couple of weeks have really highlighted the issues around this.”

The government is also looking at a separate, longer-term change under which any adult who has penetrative sex with a child aged under 16 would automatically be charged with rape. That was recommended by Louise Casey’s review into sexual abuse grooming gangs, published last year, after concerns that some gang members had faced less serious charges by claiming the abuse was consensual. An official said that work was already under way but there was pressure to move quickly, adding: “We are looking at it, but we don’t yet know when it might happen.”