The Human Rights Implications of a Contractual 'No Dating' Clause in the Entertainment Industry in Asia

Human Rights Series, Forthcoming

9 Pages Posted: 21 Nov 2018

See all articles by Martin Kwan

Martin Kwan

OBOR Legal Research Centre

Date Written: September 28, 2018

Abstract

Recently, it was reported in The New York Times that two South Korean pop stars were fired because they openly disclosed that they were dating, which infringed a ‘no dating’ ban imposed by their agency companies. Similarly, in Japan, there were a number of litigations where agency companies sued their pop stars for breaching ‘no dating’ clause. It is fairly common in the entertainment industry, especially in Asia, to have a ‘no dating’ clause.

This issue should be viewed seriously, because the clause in effect relates to broader questions involving a person contracting out his/her natural right and freedom to develop a relationship. Therefore, the debate involves questions on the interactions between (1) relevant human rights and (2) freedom of contract. It also (3) has broader implications on human value given the nature of the clause can be seen as commodifying one’s right and freedom to develop a relationship.

Keywords: ‘No Dating’ Clause; Entertainment; Star; Private Life; Commodification; Freedom of Contract; United Nations Guiding Principles; Human Rights; Business and Human Rights

Suggested Citation

Kwan, Martin, The Human Rights Implications of a Contractual 'No Dating' Clause in the Entertainment Industry in Asia (September 28, 2018). Human Rights Series, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3274841 or http://dx.doi.org/10.2139/ssrn.3274841

Martin Kwan (Contact Author)

OBOR Legal Research Centre ( email )

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