BANANAS!*

Update: read longer interviews with Mats Johansson and Luciano Astudillo at Makthavare.se (in Swedish). For a translation by Google, click here.

Parliament members Mats Johansson and Luciano Astudillo have invited director Fredrik Gertten to screen BANANAS!* in the Swedish parliament on October 1.

Following a press release about the meeting, Michael Carter, Executive Vice President of Dole, sent a letter to Johansson and Astudillo. In the letter, Carter provides Dole’s perspective on BANANAS!* and “a more complete understanding, given the October 1 screening”.

Excerpt from the letter:

“Dole is a strong believer in freedom of speech, but the filmmakers acted irresponsibly when they released a knowingly false film. Under the First Amendment to the United States Constitution, the free speech rights entail a duty to act responsibly and avoid making knowingly false statements. As the great scholar Alexander Bickel once said, the First Amendment requires those who invoke it to exercise “self-discipline and self-restraint” to avoid disseminating false information. But the BANANAS!* filmmakers abdicated any sense of responsibility, self-restraint, or self-discipline when they released this film despite knowing its entire premise has been ruled to be a fraud on Dole and California’s courts. As the United States Supreme Court has ruled, “[T]there is no constitutional values in false statements of fact.”

Download the full letter » (PDF)

After the screening on October 1, a panel discussion will be held about the limits of freedom of speech and artistic responsibility. In addition to Gertten, Astudillo and Johansson, the panel includes Percy Bratt, free speech lawyer and chairman of The Swedish Helsinki Committee for human rights.

From the press release, September 17, 2009:

In a statement related to the screening, parliament member Mats Johansson writes: “For me as a former journalist and publisher the "BANANAS!*" case is of great political importance. The freedom of speech is central to an open society, and must be protected all over the world. The outcome of the process is crucial for the future in a global context, which is a new situation to Swedish standards.”

Parliament member Luciano Astudillo states: “I strongly disapprove with Dole’s attempts to silence BANANAS!*. This is an attack on freedom of expression, which is a fundamental part of any open society. A major company should respect the freedom of speech and the independence of filmmakers.”

The meeting will be held on Thursday, October 1, 13-16 PM
Venue: Mittpoolen, entrance: Riksgatan 2, Stockholm

The meeting is open to journalists (the date for prior notification has passed).

Read the full press release about the meeting »

Read more about Dole’s lawsuit and our Anti-SLAPP motion and Cross-Complaint:

• July 9, 2009: BANANAS!* is getting sued by Dole
• July 28, 2009: First Amendment attorney to take on Dole lawsuit
• Sep 10, 2009: BANANAS!* strike back at Dole
• Sep 29, 2009: "Dole threatens free speech"

In an opinion piece published in Swedish daily Dagens Nyheter, chairmen of three major Swedish film organizations urges Dole to withdraw their lawsuit against BANANAS!*.

Selected parts from the article (our translation):

Dole threatens free speech

"Right now, there is a legal process in the United States where questions about free speech are being pushed to its limits.

Should it be possible, in a democratic society, to prohibit the screening of a documentary criticizing a major company? Should a company be able to stop the criticism in advance and stifle discussion and debate?”

/…/

“Dole’s lawsuit concerns the very basic principles of freedom of expression.

In a globalized world, where economic and political interests moves freely across national borders, free speech must also be global and without frontiers.

A Swedish film crew must have the freedom to examine the actions of a large American company in another country, and must be able to put forward their criticism to public examination and debate.

The foundations of an open society are poisoned when journalists, writers, artists and filmmakers have to work under the threat of being sued every time a financially strong party is examined.

If companies, public institutions or organizations believe that they are subjected to false or unfounded criticism, they all have the option and means to respond in an open discussion. To prohibit a critical examination is a serious restriction of free speech.

We urge Dole Food to withdraw their lawsuit and instead acknowledge our open society and freedom of expression.”

Lars Engqvist
Chairman, Sveriges Television (Swedish public service television)

Björn Rosengren
Chairman, Producentföreningen (Swedish Film & TV Producers Association)

Håkan Tidlund
Chairman, Svenska Filminstitutet (Swedish Film Institute)

Read the full article at DN.se » (in Swedish)

Read more about Dole’s lawsuit and our Anti-SLAPP motion and Cross-Complaint:

• July 9, 2009: BANANAS!* is getting sued by Dole
• July 28, 2009: First Amendment attorney to take on Dole lawsuit
• Sep 10, 2009: BANANAS!* strike back at Dole

On October 9, BANANAS!* will premiere simultaneously in theatres all over Sweden. After the Malmö screening at Spegeln, director Fredrik Gertten will be interviewed by Orvar Säfström. The interview will be broadcasted live to the theatres screening the film. Don’t miss this exclusive event!

(More cities will follow)
Båstad, Scala, Oct 9
Fagersta, Folkets hus, Oct 9
Gusum, Folkan bio, Oct 9
Göteborg, Roy, Oct 9
Haparanda, Folkets hus, Oct 9
Järfälla, Folkets hus Kallhäll, Oct 9
Lund, Kino, Oct 9
Malmö, Spegeln, Oct 9
Mörrum, Bio Laxen, Oct 9
Nynäshamn, Folkets hus, Oct 9
Osby, Bio Borgen, Oct 9
Skärhamn, Saga, Oct 9
Skoghall, Folkets hus, Oct 9
Stockholm, Rio, Oct 9
Stockholm, Zita, Oct 9
Tomelilla, Brösarps bio, Oct 9
Trollhättan, Forum/Folkets hus, Oct 9
Uppsala, Fyris, Oct 9 (no broadcast)
Västerås, Elektra, Oct 9
Ånge, Folkets hus, Oct 9
Åseda, Folkets hus, Oct 9
Örebro, Roxy, Oct 9
Östersund, Regina, Oct 9 (no broadcast)

More premiere dates, October 2009:
Kumla, Folkan, Oct 11
Älmhult, Folkan, Oct 13
Söråker, Folkets hus, Oct 14
Umeå, Folkets bio, Oct 16
Norrköping, Harlekinen, Oct 18 & 25
Växjö, Palladium, Oct 22
Lidköping, Folkets hus, Oct 23
Karlstad, Arenan, Oct 26-27

Doc Lounge pre screenings:
Malmö, Sweden, Oct 5
Stockholm, Sweden, Oct 6
Göteborg, Sweden, Oct 7

Gala premiere event:
Malmö, Royal, Oct 8
Info and tickets »

Help us! Form a local support group in your city »

Press release, September 17, 2009:

Parliament members Mats Johansson and Luciano Astudillo have invited director Fredrik Gertten to screen his documentary feature film BANANAS!* in the Swedish parliament. After the screening, a panel discussion will be held about the limits of freedom of speech and artistic responsibility.

BANANAS!* raised attention worldwide after being pulled out of competition from the Los Angeles Film Festival in June. The film tells the story about a legal battle between Nicaraguan banana plantation workers and Dole Food Company. After the Los Angeles screening, Dole sued the filmmakers in the U.S.

In a statement related to the screening, parliament member Mats Johansson writes: “For me as a former journalist and publisher the "BANANAS!*" case is of great political importance. The freedom of speech is central to an open society, and must be protected all over the world. The outcome of the process is crucial for the future in a global context, which is a new situation to Swedish standards.”

Parliament member Luciano Astudillo states: “I strongly disapprove with Dole’s attempts to silence BANANAS!*. This is an attack on freedom of expression, which is a fundamental part of any open society. A major company should respect the freedom of speech and the independence of filmmakers.”

In addition to Gertten, Astudillo and Johansson, the panel includes Percy Bratt, free speech lawyer and chairman of The Swedish Helsinki Committee for human rights.

Thursday, October 1, 13-16 PM
Venue: Mittpoolen, entrance: Riksgatan 2, Stockholm

The meeting is open to journalists.
Prior notification is required; send a mail before September 28 to film@wgfilm.com and we will forward your request.

Mats Johansson

• Member of Parliament, The Moderate Party
• Member of Committee on Cultural Affairs
• Deputy member of Committee on Foreign Affairs
• Member of The Swedish Delegation to the Nordic Council

Luciano Astudillo

• Member of Parliament, The Social Democratic Party
• Member of Committee on the Labour Market

Read more about Dole’s lawsuit and our Anti-SLAPP motion and Cross-Complaint:

• July 9, 2009: BANANAS!* is getting sued by Dole
• July 28, 2009: First Amendment attorney to take on Dole lawsuit
• Sep 10, 2009: BANANAS!* strike back at Dole

Take the opportunity to see BANANAS!* on Sweden’s largest cinema screen. Welcome to our exclusive premiere event in Malmö!

Director Fredrik Gertten will talk about the making of the film and how it feels like to be sued by the world’s largest fruit company.

We will serve wine when you arrive. After the screening, the mingle continues at restaurant Nosh, Nibble & Cush (Kaptensgatan 1).

Thursday, October 8, 16:00 PM
Biograf Royal, Södra Tullgatan 4, Malmö
(Doors open at 15:30 PM)

Premiere events are always free. But we need your support! Therefore, all tickets cost 150 SEK.

Order your ticket right away! When you click on the button below, you will be redirected to PayPal. There you can pay on the fly using a credit card or log in to an existing PayPal account. We will then send you the ticket by regular mail.

Booking is closed

Do you want to buy tickets to a company? We can arrange an invoice.
Please contact Annette Brejner, phone +46 73 361 26 19

Thank you for your support, and welcome!

From the press release:

LOS ANGELES, Calif. (September 10, 2009) — In response to a defamation lawsuit brought by Dole Food Company, Inc. against the makers of the documentary film BANANAS!*, attorneys for filmmakers Fredrik Gertten, Margarete Jangård and WG Film AB today filed a Motion to Strike Dole’s Complaint under California’s Anti-SLAPP statute, which allows the court to dismiss meritless lawsuits filed for the purpose of stifling protected speech. Lathrop & Gage attorney Lincoln Bandlow serves as lead attorney in this matter.

As set forth in the motion, the film BANANAS!* provides a balanced account of issues surrounding the treatment of banana workers and covers one of the many lawsuits filed by Nicaraguan banana workers against Dole and other companies regarding the adverse health effects suffered by workers as a result of the use of the pesticide DBCP in banana fields. Dole’s lawsuit, as set forth in the motion, simply seeks to “poison the fountain of free speech” by intimidating anyone who speaks out on this important issue of public concern who does not comport with Dole’s “spin” on recent events pertaining to DBCP litigation.

In addition to filing an Anti-SLAPP Motion, WG Film AB also filed a Cross-Complaint against Dole, seeking to recover damages for Dole’s improper tactics in interfering with the film’s premiere and its participation in the Los Angeles Film Festival. As set forth in the Cross-Complaint, by “recklessly and falsely attack[ing] WG Film’s integrity and competency as a documentary film maker to the heads of corporate sponsors of the Festival” and making “similar false and defamatory statements to the General Consul and Ambassador from Sweden,” Dole caused the film to be removed from competition and clouded the film’s world premiere, causing the filmmakers substantial damage.

“We are very pleased that the truth about our film will finally be known and that the public will see that this lawsuit was simply an effort by Dole to silence the public discussion of important issues,” said Gertten, the director of the film.

Mr. Bandlow added that “if there ever was a lawsuit that cried out for the speech-protecting mechanism of California’s Anti-SLAPP statute, it is Dole’s absurd defamation action. We are confident that once the Court sees the actual film, rather than Dole’s patently false description of it in the complaint, this action will be summarily dismissed, my clients can proceed with the film’s distribution and seek to recover the damages suffered by Dole’s censorship-by-intimidation tactics.”

An electronic version of WG Film’s brief with links to relevant clips from the film and other material can be found at:
files.me.com/jshaeffer/pt6ujd (file size: 880 MB). A copy can be made available upon request.

More downloads:

• The Anti-SLAPP motion »
• Director Fredrik Gertten’s declaration »
• Producer Margarete Jangård’s declaration »
• The Cross-Complaint »

About Lathrop & Gage:
A full-service law firm, Lathrop & Gage LLP has almost 300 attorneys in 11 offices nationwide – from Los Angeles to New York. In 2009, Chambers USA ranked Lathrop & Gage’s corporate, environmental, intellectual property, litigation, real estate and labor and employment teams among the best in the Midwest. For more information, visit www.lathropgage.com or www.beentherewonthat.com.

For information and press enquiries, please contact:

Lathrop & Gage LLP
Art Menke
Phone: +01 816 286 6385
amenke@lathropgage.com

David Magdael & Associates
Winston Emano
Phone: +01 213 624 7827
wemano@tcdm-associates.com

Support BANANAS!* – join the Free Speech Campaign »

The Swedish division of Reporters Without Borders condemns the BANANAS!* lawsuit on their website and have launched an online petition. Sign their letter to the Dole headquarters!

We can not let Dole stop BANANAS!

To:
Jean-Christophe Juilliard, CEO / Directeur Général Europe de Dole
David DeLorenzo, President and CEO, Dole Food Company, Inc.

”The fruit company Dole has initiated a legal process against the Swedish journalist and film maker Fredrik Gertten and his company WG Film. The case is based on his documentary movie Bananas! where Gertten describes the legal process in a case where a group of workers accuse Dole for having used the toxic substance DBCP on its production areas in Nicaragua.

Dole wants to stop BANANAS!* from showing in cinemas and TV. They want to block the Gerttens website and give the director a life time muzzle talking about the movie and the fruit company.

We are worried by Dole´s behaviour which put in danger freedom of expression. A major company should respect the freedom of speech and the independence of journalists.”

Sincerely,

Sign the petition »
(www.petitiononline.com)