By Yun-hua Chen and Anne Küper.
I like movies too much to just sit idly by, knowing that there are people in this industry who struggle with protecting both their work and themselves. My goal is to empower them to do just that, so they can focus on their art without fear or distraction.”
—Kelsey Farish
Yun-hua Chen and Anne Küper, members of the board of the German Film Critics’ Association, in conversation with solicitor Kelsey Farish
Eighteen years have passed after sexual assault survivor and activist Tarana Burke, a social worker from Harlem, first introduced the term “me too” on social media, and seven years since the hashtag #MeToo gained global traction following numerous sexual abuse allegations against Harvey Weinstein. But have work environments truly become safer since then, particularly in the film industry? Has there genuinely been made a progress in these seven years in terms of institutional regulations and shifting mindsets? To explore these questions, we reviewed the issues surrounding #MeToo and spoke with Kelsey Farish, a London-based lawyer specializing in media, entertainment and generative AI.
“I like movies too much to just sit idly by, knowing that there are people in this industry who struggle with protecting both their work and themselves. My goal is to empower them to do just that, so they can focus on their art without fear or distraction. When filmmakers are supported they are free to focus on what’s important to them, and that’s when I get to enjoy their incredible work. That’s all my work is about,” Farish states modestly. “So how do we figure out how to fix this? I don’t know. But I’m shocked at the lack of support.” There is a simple reason why Farish, who since 2018 supports people that are affected by gender-based violence, to include image-based sexual abuse. The connection between sexual harassment and sexual assault including sexual abuse, media law and new technologies in regard to artificial intelligence in recent years is clear: A study from 2023 found that 98 percent of deepfake videos online were pornographic. 99 percent of those targeted were women or girls.
Information is power
The reflections on #MeToo, its status quo and our conversation with Farish not only raise important thoughts on the film industry but also bring to the surface emotions that many of us share, yet they are rarely discussed in public. If #MeToo sparked conversations and controversies around these issues at a global scale by 2018, it is crucial now at the latest to raise awareness about the concrete steps those can take that are affected. This extends to women’s and LGBTQIA+ rights in general, as the lack of access to information about actionable measures is systemic. Meanwhile, right-wing and fascist parties such as the Alternative for Germany (AfD) are instrumentalizing the talk of security, pretending to stand up for more protection against sexual violence but only in order to further spread their racist and inhuman ideology.
We, on the other hand, believe that knowledge -whether it pertains to reproductive health, employment laws, or regulations related to sexual misconduct- is essential. It is often the absence of information that prevents us from advocating for ourselves and from clearly articulating what we want, and to be upfront about our needs and rights.
This text is a joint effort by two female film critics to provide such necessary information, to find a voice together in a patriarchal and capitalist society, based on different but nevertheless shared experiences. Perhaps most importantly, we invite our colleagues to participate in a broader debate on the intertwined forms of discrimination in the film industry, in film journalism and film criticism.
Flipping the narrative
According to the Council of Europe, sexual harassment is defined as “any form of unwanted verbal, nonverbal, or physical conduct of a sexual nature that occurs with the purpose or effect of violating the dignity of a person, particularly when creating an intimidating, hostile, degrading, humiliating, or offensive environment”. In real life, it is common to feel doubts and uncertainties when one encounters unwanted conduct. This was exactly the purpose of the #MeToo movement—a global, connected, survivor-led movement against sexual violence. Survivors were empowered to dispel these doubts and felt supported when facing and recognizing specific situations. By leveraging social media, the movement “democratized the conversation around an experience that, unfortunately, so many women endure,” as Farish put it, and it was thus possible to “flip the narrative on its head and discuss it openly.”
On October 15, 2017, actress Alyssa Milano had unknowingly picked up the existing term “me too” from Burke and tweeted: “If you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.” Hundreds of thousands responded to her call. There were also men among them who pointed out that there are systematic assaults by women in positions of power that are directed against men, too. While anybody can be a victim of sexual violence, the violence against women and queers by men continues to be one of the most severe human rights violations within societies. Most statistics on gender-based violence use the binary categories of woman and man, although trans people are particularly often affected in everyday life, as one recent issue paper by the Council of Europe shows. In addition, many texts and studies ignore the fact that different forms of oppression can occur simultaneously and reinforce each other, such as sexism, racism, classism, heterosexism, ageism, ableism and others.
That in the initial media coverage of #MeToo Burke’s name was not mentioned, her longtime fighting against sexual violence inflicted on young Black girls from working-class backgrounds was ignored, and that the 2018 initiative Time’s Up was not only about powerful stars such as Eva Longoria, Kerry Washington, Emma Stone, Natalie Portman and Reese Witherspoon wearing black dresses on red carpets to make a high-profile statement against sexual harassment in film, television and theater, but also about the 700,000 female farm workers who had previously written a letter of support following the Weinstein accusations to solidarize with Hollywood actors, shows how the public attention unfortunately still works.
“What we need to be talking about is the everyday woman, man, trans person, child and disabled person. All the people who are not rich, white and famous, who deal with sexual violence on everyday basis. We need to talk about the systems that are still in place that allow that to happen,” demanded Burke in a BBC interview in 2020. It’s the year Weinstein was sentenced to 23 years in prison—and the African-American medical worker Breonna Taylor was killed by white police officers three months before George Floyd.
It took longer
#MeToo began with a wave of allegations against Weinstein (and the tremendous journalistic work by Jodi Kantor and Megan Twohey at the New York Times as well as Ronan Farrow at the New Yorker), marked the moment when people felt encouraged to speak out. Yet, seven years afterwards, the recently uncovered details about the continuous, systematic crimes of Mohammed al Fayed, Sean “Diddy” Combs and Dominique Pelicot serve as a chilling reminder that we are still living in a time when we can never feel safe both at home, in our relationships and the workplace. When misconduct occurs, there is still a stark absence of secure channels through which to seek legal support. As an Observer editorial aptly stated, “women are still at the mercy of powerful predators.” In fact, prolonged waits for justice, repeated adjournments, and a court process that retraumatizes victims through cross-examinations steeped in rape myths not only deter victims from reporting but also inflict profound harm on the mental health of those who pursue justice.
Reading all of this, writing about all of this, dealing with all of this is completely frustrating and painful, so much so that people turn away from what they actually love. We often fail to recognize the injustice they endure and the agonizing decision to quit that they are forced to make, unless they are widely known. In 2023, actress Adèle Haenel decided to leave her career behind because Cannes Film Festival and other pillars of the French film industry would protect offenders at all cost rather than demand consequences for their actions. At Cannes 2024, a group of courageous women in the film industry, led by director Judith Godrèche and the cast and crew of the short film Moi Aussi, walked silently onto the red carpet of the Palais des Festivals with their mouths covered, symbolizing the silencing of sexual abuse survivors. While Iris Knobloch, president of the Cannes Film Festival, acknowledged that it took longer for women in France to speak up compared to the US and that Europe lags behind in terms of social evolution. This is beginning to change thanks to the bravery of Gisèle Pelicot and others—but despite that, this sense of empowerment remains even less felt in many other countries.
And it will take even longer
In Italy, a culture of silence generally surrounds sexual abuse. Amleta, an association founded by 28 actresses in 2021 to fight gender inequality and violence in Italian entertainment industry, collected testimonies from 223 victims of sexual violence in the industry between 2021 and 2023—207 of whom were women and not a single one of whom felt able to speak out publicly. It didn’t really come as a surprise as Italy remains a country where the very concept of consent is not even defined in the criminal code.
In Germany, the #MeToo movement had an astonishingly difficult time getting off the ground in contrast to other European countries. High-profile cases in Germany have included figures like former Bild newsroom leader Julian Reichelt, former head of the Volksbühne Klaus Dörr, gallerist Johann König, and members of the metal band Rammstein. Yet, there has not been a significant surge or wave of such cases across the country. Even in the instances that have come to light, the powerful predators often receive more space and attention than those who should be the real focus: the victims. The criminal proceedings against director Dieter Wedel including rape were dropped in 2022 because the investigations by the public prosecutor’s office took such a long time that Wedel died during the trial.
The toxic culture of abuse, assault, and bullying on film sets was again exposed in 2023 when allegations by 50 individuals surfaced against one of the country’s biggest stars, Til Schweiger, whose misconduct reportedly began a decade ago. The mandatory code of conduct for the cultural sector, which Minister of State for Culture Claudia Roth called for at the time in order to take stronger action against gender-based violence, is still not available.
Instead, in September 2024, a position paper for safe and respectful work in art, culture and media was published. To develop it, representatives from artists’ associations, cultural institutions and associations, and the broader cultural and creative industries met for a year to discuss the work of full-time, freelance and voluntary workers in the arts, culture and media sector. The paper outlines the responsibilities of all parties in the sector, in accordance with the legal framework of the General Equal Treatment Act (GETA) to be observed. However, it relies on voluntary commitments by individual players.
Back in 2018, the German government, the German Federal Film Board and broadcaster ARD had already co-funded an independent institution, Themis, in response to the global #MeToo movement. The institution offers counselling to victims of sexual violence in the cultural and media sectors, although only one-third of their target group is aware of its existence, according to Themis chairperson Eva Hubert. “Guidelines, directives, protection concepts, and similar measures are important for raising awareness, initiating a process of clarification and understanding, and creating a sense of security when addressing incidents,” it states at the end of the 2024 position paper, “and it is essential that these guidelines are implemented by both managers and individuals within the arts, culture, and media sectors.”
Roadmap for individuals
Most of us remain poorly -informed about the cards we hold in hand. When sexual harassment does occur, Farish suggests following a general roadmap as a rule of thumb. The first step is to, when it is safe to do so, immediately document what has happened and how you feel. This could be in the form of a voice note to a friend over WhatsApp, a quick picture of yourself in front of a clock or building, or any other method that captures and records the incident in that moment. A highly effective way to document events is also, when you feel ready, to maintain a detailed timeline, noting when incidents occurred, who said what, and the dates of any emails, phone calls, or in-person exchanges.
The second step is to reach out to a trusted friend or family member if you feel comfortable doing so—someone who can support you as an ally or buddy and be there to catch you when you need it most. With those safety guardrails in place, whether you choose to file a complaint on your own or with the support of others—be it to the institution where the sexual violence occurred or the one responsible for investigations and discipline—don’t get bogged down by the details. The key is to convey your side of the story and provide any facts or evidence you have. Farish’s advice? Don’t burden yourself by worrying about what the other person might think or how it might impact their job. Focus on yourself and your own well-being in a positive, self-caring way without concern for others.
If you choose to report to an institution, Farish advises asking for confidentiality upfront. This could be requested in a simple email, for example by stating that “something very uncomfortable happened at your event. Can I be assured that what I’m about to share will be kept confidential? I need to protect myself as an informant or whistleblower.” Not many people realize that using direct, plain language can be highly effective in self-protection, and this knowledge gap often discourages victims from reporting incidents due to uncertainty and fear of reputational damage.
Closing this gap requires collective efforts and systemic changes, such as creating frameworks that provide resources like lawyers, advocates, or mental health experts willing to offer an hour of their time to women in need, regardless of financial considerations. Until such frameworks are in place, access to justice remains undemocratized. As police often cannot be trusted, we have to organize and support each other in these matters.
“Being a feminist doesn’t mean calling yourself a feminist and occasionally applauding a strong statement,” the Polish-German writer Margarete Stokowski noted in one essay for Spiegel Online in 2021. “There will be interesting times ahead when those who have long seen themselves as feminist realize that words are not enough, but that actions, decisions and cash are needed if anything is to change: that everyone would then have to think carefully about whether they can still reconcile covering up for perpetrators and working with them with their self-image. Our world would be a different one.”
To report or not to report
Farish emphasizes that many counselors and lawyers, including herself, may be willing to provide initial free guidance to survivors of sexual violence, to help them understand that they are not alone and to outline their options. Often, the first hurdle is overcoming feelings of uncertainty and self-doubt. There are many stages and choices between feeling uncomfortable due to someone’s behavior and experiencing abuse that necessitates police involvement. If more people felt confident in seeking conversations with counselors and legal professionals, this information could be more widely disseminated, potentially reducing some of the risks survivors face. It’s common for Whistleblowers to hesitate, fearing they’ll be seen as overly dramatic or feeling shame, embarrassment, or concern about their reputation. Yet, as Farish puts it, “the barriers are imaginary, imposed by patriarchal structures. If you feel uncomfortable reporting it, you don’t have to file a formal complaint. But don’t remain silent because you think your experience isn’t serious enough.”
A lack of concrete evidence, particularly in case of sexual harassment—a reality that many of those affected face when speaking up and dealing with the police—should not be a reason to stay quiet. Farish points out that statistics reveal that over-reporting due to false allegations, an argument often used to downplay the experiences of victims, is extremely rare. In fact, the number of unreported cases is high because many do not feel able to speak about their bad experiences due to feelings of shame and isolation. Oppression is both a cause and a consequence of sexual violence: those who already hold less power in society are more likely to be targeted, and that lack of power makes it even more difficult to report incidents and access the help they need.
“I’m really bad with metaphors,” Farish states and laughs, “but if there was a fire and you called the fire department, are they gonna say: ‘Why did you call us?’ No, they wouldn’t say that. Would they say: ‘Go over to the fire. Now I want you to tell me on a scale of one to ten, how serious is this fire? Is it a tiny little toaster fire or is it a massive blazing inferno?’ They wouldn’t say that, right? Of course not. They’d say: “Get out of the building. Protect yourself. And we’ll come investigate. And if we need to put it out, we’ll put it out.”
To tackle the systemic issues of sexual harassment, Farish suggests that from a legal perspective, the onus of investigation and burdens of proof should not prevent a victim from speaking out. Returning to her fire department metaphor, Farish continued: “The fire department would not ask upfront if you were burned, and consider the fire to be no problem if you were physically unharmed. No. They wouldn’t say: ‘Well, that actually ended up being a waste of our resources, so we’re gonna send you a bill for the fire service.’ It’s a ridiculous idea. But why do we not apply that same logic to something as fundamental and as important as safety in public spaces, when things do happen, when there is indeed a fire in terms of sexual harassment?”
Not so gray areas
Although high-profile offenses like Weinstein’s are fortunately rare, Farish notes that most matters involve more subtle forms of sexism, particularly gender-based discrimination that permeates the film industry. This is closely linked to the power structures within specific work environments. There is a reason we predominantly hear about actresses, who may have more resources and a firm platform to stand upon. Assaults that occur in areas where those affected are significantly underrepresented, – such as in the technical field, which remains dominated by hierarchical notions and toxic masculinity – are largely unreported; those working in less “visible” sectors may lack a platform to speak out.
Night shoots and sex scenes, with or without intimacy coordination, can exacerbate the vulnerability of staff members, not only in front of the camera. In the film industry, work is often undertaken by those on freelance contracts, with significant power imbalances, no union representation, and seemingly blurred lines between working hours and off-duty time. For project-based working freelancers, the time, energy, and lost job opportunities involved in pursuing legal action can often feel insurmountable. Many lack access to HR departments, substantial resources to cover legal fees, or platforms to voice their concerns.
It is true that the distinction between work and personal activities is often uncertain in the film and cultural industries, but the rhetoric of ignorance due to “blurred boundaries” is repeatedly misconstrued and serves to benefit perpetrators. Rather than respecting basic codes of dignity and respect at social functions, they instead attempt to legitimize their transgressive behavior without regard for consent. A professional code of conduct should be upheld at all times, whether during office hours or outside of them. As Farish points out, even attending a party at a film festival should fall into the realm of work-related activities, and the responsibility falls on the event organizers to ensure that codes of conduct are in place to create a safe environment. These social settings, often referred to as “gray areas”, are not as gray as they may seem from a legal perspective. Recognizing this, as Farish emphasizes, is vital for raising awareness and fostering advocacy.
What about the film critics and film journalists?
When it comes to the structural lack of whistleblower protections that ensure safety and confidentiality for those reporting harassment, sexual harassment cases are often difficult to pursue. The absence of clear codes of conduct, procedures, or political will makes it challenging for people to come forward. In fact, the Directive of 2019/1934 of the European Union and the European Council, having come into effect since 2019, requires Member States to ensure whistleblower protection. The German Whistleblower Protection Act (HinSchG), intended to protect whistleblowers from reprisals in a professional context, that came into force on 2 July 2023, states that companies and public institutions with 50 or more employees and municipalities with 10,0000 or more inhabitants must set up an internal reporting channel. Yet, some institutions are slow to incorporate these protections into their statutes. Despite the legal obligations, reluctance stems from concerns about administrative burdens, lack of political will, and resistance to settling up formal procedures to handle complaints.
Admittedly, legal advisors, hired to act in the institutions’ best interests, may advise against introducing such safeguards and measures. Moral justifications aside, imposing obligations on an institution can be seen as a complex administrative burden, and it is part of the lawyer’s job to minimize risk for their client organization. Combating against sexual violence requires effort and ressources; while many institutions acknowledge its importance, they still view it as extra work—rather than their fundamental responsibility as an institution. The International Federation of Film Critics (FIPRESCI) is currently in the process of revising its statutes for the first time since they were established in 1966. While the new drafts clearly oppose gender-based discrimination, many other forms of discrimination are either insufficiently addressed or entirely overlooked.
It is highly likely that the whistleblower clause to protect those who come forward with information will still not be included in FIPRESCI’s new statutes following this revision. This was discussed at the general assembly in Budapest in September 2024, where representatives of national film critics’ associations met. When sexual harassment is reported to FIPRESCI, the organization lacks a standard procedure to protect the anonymity of the individuals involved and to ensure they can continue working safely. While the revision of FIPRESCI’s statutes is a positive step, it does not go far enough.
FIPRESCI is not alone in this. But to prevent the fight against sexual violence from becoming a hollow gesture, one that institutions can use for virtue-signaling without making real change, more needs to be done. There are no comprehensive statistics on gender-based violence in film criticism and film journalism (who has the energy to collect such data when everyone is already exhausted?), but the existence of incidents and a prevailing “boys’ club” culture is well-known to anyone in the field. Film criticism continues to be dominated by men, even though the shift away from its newspaper-exclusive roots, through blogs, social media and other platforms, was initially seen as democratization of film criticism. While we focus on practical advice for protecting ourselves -such as maintaining anonymity and seeking psychological counseling- we wish our male colleagues (and there are many, you know) would not remain as silent as they still are.
Yun-hua Chen is an independent film scholar and critic and associate editor of Film International Online. Currently, she serves on the board of the German Film Critics Association.
Anne Küper is a cultural scholar, critic and artist. Since 2022, she has been a research assistant at the Ruhr University Bochum where she is researching intimate relationships with chatbots; since 2023 she has been the chairwoman of the board of the German Film Critics’ Association.