Code of conduct: what is it and why does it matter?

Etiquette tells us how we are expected to behave. It sets the rules of the game for our society. For that, though, everyone has to know the rules. In earlier times visitors to court were given the rules of the court on a card (an “etiquette”), so that they would not put a foot wrong. Today we know them in the form of a code of conduct.

For businesses and organisations in the entertainment and media sector a code of conduct is of great importance. This sector often deals with situations in which ethical boundaries can blur. A well-drafted code of conduct not only gives staff and everyone else involved a clear point of reference, it can also prevent reputational damage and inspire confidence in partners and the public.

What goes into a code of conduct?

A code of conduct sets out the values and standards of behaviour your organisation stands for. Think of subjects such as integrity, transparency, diversity and inclusion, but also of matters such as how people treat one another. Alongside that it is important to include a clear enforcement policy in the code: what the sanctions are for breaches, and who you can turn to in the event of a breach or a complaint (the confidential adviser).

How do you draw up a code of conduct?

In drawing up a code of conduct you have to think carefully about what goes on within your organisation. What, for instance, counts as inappropriate or unacceptable conduct? The rules in the code have to fit the specific context and risks of your organisation. Are you a film producer, for example? Then consider everything that can happen on a film set and what you want to agree in order to safeguard the safety of everyone involved as far as possible.

It is important to draft the code in clear and comprehensible language, so that there is no room for argument when a breach occurs. You should also review your code regularly to see whether it still fits the way you run your business.

A code of conduct for inappropriate behaviour

It can happen that an employee, artist or actor comes under fire for inappropriate behaviour and that you, as employer, client, music publisher, film producer or museum, fear reputational damage. It is therefore important to cover inappropriate behaviour occurring in that person’s private life in the code of conduct as well. Where there is a link between the private conduct and the working environment, and that conduct breaches one of the standards in the code, sanctions can be imposed.

Put a code of conduct in place

In short, a code of conduct offers businesses in the entertainment and media sector a powerful means of promoting ethical behaviour and managing risks. As a lawyer I am happy to help organisations draw up and implement a code of conduct that fits their particular needs and challenges.