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Tracy L. Barnett

Tracy L. Barnett

Posted: April 29, 2010 03:35 PM

Chevron's new tactic called a threat to First Amendment

What's Your Reaction:

Crude_Still_4

An Amazonian community's fifteen-year battle with Chevron is entering dangerous waters with the Chevron request for all of the 600 hours of unused footage from the filming of "Crude: The Real Price of Oil".

The movie documented the environmental disaster left behind by Chevron-Texaco in an indigenous community of Ecuador, and the battle by Ecuadorian attorney Pablo Fajardo and others to force the company to clean up its mess and make reparations to the community.

The film was released in November to critical acclaim and general outrage. I wrote about it at the time in a blog entry called "Crude: The Movie Chevron Doesn't Want You to See."

Now Chevron is appealing a court order to pay the community millions of dollars in reparations, and it wants to see whether director Joe Berlinger's raw footage contains any material that could bolster its defense. Now the company has asked a federal judge in New York to force Berlinger to hand over his footage.

"Documentary filmmakers play an essential role in exposing social injustice," said Berlinger in a press release I received yesterday alerting me to the case. "As with traditional journalists, their sources must be protected or we risk the demise of this kind of comprehensive investigative reporting."

As a journalist, this request sent a chill up my spine. One of the things we count on as reporters is the ability to protect our sources from danger or harassment that may come to them as a result of sharing information with us. Without the ability to promise confidentiality, there's a "chilling effect" that occurs, and sources are less willing to share information.

"Unused film footage and other editorial materials from Crude are protected by the journalist's
privilege under federal law and the First Amendment," said Maura Wogan of Frankfurt Kurnit, the
lawyers for Mr. Berlinger and his production company. "We will vigorously oppose Chevron's
attempt to get to these materials."

Let's hope they are successful. Meanwhile, I'm going to take full advantage of the opportunity to plug "Crude, The Movie," which is now available on DVD from First Run Features and Netflix. If you haven't seen it yet, put it on your must-see list. You won't regret it.

Tracy L. Barnett, www.tracybarnettonline.com, is a multimedia travel writer and the founder of The Esperanza Project. She is currently traveling through Latin America profiling environmental leaders throughout the continent.

 

Follow Tracy L. Barnett on Twitter: www.twitter.com/thirstyboots07

An Amazonian community's fifteen-year battle with Chevron is entering dangerous waters with the Chevron request for all of the 600 hours of unused footage from the filming of "Crude: The Real...
An Amazonian community's fifteen-year battle with Chevron is entering dangerous waters with the Chevron request for all of the 600 hours of unused footage from the filming of "Crude: The Real...
 
 
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Tracy L. Barnett
02:34 PM on 05/04/2010
Thanks, MaryAntonia and Fera, I stand corrected - this is a huge case and I did not mean to minimize it in any way. I'm finding that one of the dangers of blogging as opposed to old-school journalism is that a writer's time is so fragmented that it's hard to adequately research and check the facts, often leading to sloppy writing. A poor excuse, but that's why we need alert and active readers like you, and better support for high-quality online journalistic projects. Thanks for reading, and thanks for caring.
07:49 AM on 05/02/2010
Fera makes significant points, regarding the scope of the people and cultures that Texaco/Chevron has irreparably damaged. This is just not one small group of people; MOST of the people in those oil blocks have been (completely and adversely) effected. This includes several, very distinct indigenous groups, and colonials, too. It is not 100 people living in the jungle in a small village of huts, it is thousands.

I have dealt with oil people firsthand in Ecuador; they have been mostly liars and racists (although I have not met them all, I am sure). There are the bribes (we will build your community a soccer field and provide jerseys); there are the cheats (we will go to people's homes who don't speak Spanish, and make them sign Spanish documents giving over their land for oil exploration); there are the liars, who tell people one thing, and then at dinner, whe they think nobody is listening, will disclose their racist ideologies about how the "indians" are holding back the progress of the country, for living there, and wouldn't it be better of they all just went away?

There are so many dirty tricks that these people have used, that you would never even believe, perhaps, were you not to see it. but, they are ruthless and shameless, too. "Crude" underscores this, but is CONSERVATIVE, in what it actually documents, if you can believe that. That is just the tip of the exploitative iceberg.
01:10 AM on 05/01/2010
Yes, Tracy, it is really scary what this company will do to win. Journalists should be quaking in their boots because the overwhelming evidence is that Chevron is responsible for the damage and they are trying to overturn the most important case in history by changing the focus to litigation while turning one of the plaintiff's best weapons against them. Documentaries are increasingly becoming the best weapon of those peoples who cannot make their voices heard in the first world.

That said, please try and do a little research before writing on this topic. The environmental disaster did not just affect "an indigenous community" but a whole group of them, including Cofán, Secoya, Kichwa, Huaorani, and Siona peoples, along with colonists. Chevron is not being sued for millions of dollars but billions. They have already spent millions of dollars on this case. You could have learned this from reading just one article on the case and you should know it already if you've seen "Crude."
07:06 PM on 04/30/2010
As a corporation, Chevron has no problem claiming proprietary ownership of its business and business practices. As a corporation, Chevron has a big problem recognizing our Free Speech protections. I hope the judge comes down real hard on these criminals.