BANANAS!*

The 17th annual  Zimbabwe International Film Festival is screening “Bananas!*” on two occasions. The first screening will be on Thursday the 8th of October, and the second one on Friday the 9th of October! The festival is hosted in the capital city of Zimbabwe, Harare.

Check out the full schedule here

The plantation workers are yet to receive the just compensation for their mistreatment. But at least some justice has been served to the corrupt CEO of Dole.

A Delaware court ruled that the CEO of produce giant Dole, David Murdock, along with Chief Operating Officer C. Michael Carter, intentionally defrauded investors by undervaluing the company in order for Murdock to purchase the remaining shares at a discounted rate. The 92 year-old billionaire had already owned 40 percent of Dole’s stock prior to a management-led buyout that turned the company private in 2013. Laster believed that the executives fraudulently created grim sales forecasts, as well as drove the stock price down by understating the cost savings of Dole’s 2012 sale of its Asian operations, as well as cancelling a planned stock buyback. These activities led to Murdock purchasing the remaining shares for $13.50 each in a $1.2 billion purchase. Laster ruled that the executives undervalued the shares by $2.74 apiece, ordering that they pay the difference, a total of $148.2 million to the investors, many of them pension funds, that filed the class-action lawsuit.

Full case file: dole-food-case

The follow-up to BANANAS!* is the true story about a Swedish filmmaker and a banana corporation. Dirty tricks, lawsuits, manipulation, and the price of free speech.

What is a big corporation capable of in order to protect its brand? Swedish filmmaker Fredrik Gertten’s experienced this recently. His previous film BANANAS!* (2009) recounts the lawsuit that 12 Nicaraguan plantation workers brought against the fruit giant Dole Food Company.

The film was selected for competition by the Los Angeles Film Festival. Nothing wrong so far, right? But then Gertten gets a strange message: the festival removes BANANAS!* from competition. Then a scathing article appears in the Los Angeles Business Journal about the film, and Gertten subsequently receives a letter from Dole’s attorney threatening him with legal action. What follows is an unparalleled thriller that has Gertten capturing the entire process – from DOLE attacking the producers with a defamation lawsuit, bullying scaretactics, to media-control and PR-spin. This personal film reveals precisely how a multinational will stop at nothing to get its way – freedom of speech is at stake. As Dole’s PR company puts it, “It is easier to cope with a bad conscience than a bad reputation”.

Read more at www.bigboysgonebananas.com »

The NYC based distributor Oscilloscope, founded by Adam Yauch from The Beastie Boys, has now released BANANAS!* in the US. The DVD is designed by the Oscilloscope team and contains loads of bonus material and exclusive liner notes from writer Dan Koeppel.

The DVD is available online and in stores. Find you nearest retailer here.

It can also be booked for special screenings, educational and consumer DVD through oscilloscope.

"Offers a front-row seat to a landmark Erin Brockovich-style trial… an incredibly polished film."
– Peter Debruge, VARIETY FOUR STARS!

"As gripping as any fictional courtroom drama"
– The Independent

“Through his intelligently crafted documentary, Gertten not only tells a powerful story about the negligence of a large corporation in protecting the health of its employees, but he brings attention to an important issue that might make people think twice before picking up their next bunch of bananas or carton of juice with the name ‘Dole’ on it.”
– Juliana Appenrodt, Daily Trojan

“BANANAS!* shines a spotlight on this fascinating and controversial court room case, revealing the inner decisions of a major international corporation and the tireless efforts of two small law firms taking on the big guns – a true David and Goliath story.”
– Adam Rabiner, Brooklyn Food Coalition

“An extremely well crafted, powerful chronicle of an important issue.”
– Jesther Entertainment

“An extremely well crafted film, in addition to the courtroom drama, there is raw human emotion and even humor. This is life. This is litigation. This is a front row seat to a history making event.”
– ATNZone

“Whether or not you end up rooting for the underdog, Bananas!* is an informative and multifaceted documentary that will make you think twice about, of all things, bananas.”
– Sierra Club

“The documentary asks what’s at stake in truth, for whom, from plaintiffs to lawyers to corporate executives. If courtrooms aren’t built to reveal truths or deliver justice for ‘little people,’ they are all too often where consequences become clear.”
– PopMatters

"The film Dole Food Co. doesn’t want you to see"
– Uprising Radio, LA

Dan Koeppel is the author of Banana: The Fate of the Fruit that Changed the World as well as a contributor to National Geographic, Wired, and The New York Times. Below are his liner notes, originally written for the US edition of the BANANAS!* DVD.

DVD liner notes
If efforts to suppress a voice are an indication of the truth it speaks, then a banana company’s reaction to Fredrik Gertten’s BANANAS!* is more testament to the power and veracity of the film than any review or encapsulation. The lawsuit filed by Dole that attempted to suppress this documentary is the external story. The one told by the film itself documents the plight of banana workers in Nicaragua, who were systematically poisoned during the 1970s through the spraying of a pesticide chemical called Nemagon.The results were a host of maladies: sterilization, respiratory ills, and cancers. BANANAS!* tells this tale by chronicling a trial in a Los Angeles Courtroom, where for the first time ever, banana workers brought their claims to a United States court. The accounts they give are both appalling and moving.

BANANAS!* is filled with arresting scenes, and the in court testimony of current Dole CEO David DeLorenzo is among its most shocking. He admits under oath that his company knew the chemical was unsafe, but continued to use it with only scant concern for the men, women, and children dwelling on the plantations that produced the world’s most popular and profitable fruit crop. DeLorenzo’s attestations contain not just corporate history, but personal. He managed the banana company’s operations in Nicaragua during the Nemagon era. He effectively signed off on the chemical’s use.

Perhaps because of this, when BANANAS!* was set to premier at the 2009 Los Angeles International Film Festival, Dole threatened to launch a slander suit against both the event and the filmmaker. The result was an unprecedented instance of creative cowardice: asserting that a lawsuit could jeopardize its future, the festival removed the film from competition and showed it in a hastily constructed “test-case” category. It was a surreal moment: viewers were forced to line up and read a disclaimer – really a disavowal – of the film. In return for the festival’s capitulation, Dole sued only Gertten. Filmmaker Robert Kenner, director of Food, Inc. (2008), said in a statement of support for Gertten, “It’s alarming how much power [corporations] have to keep us uninformed. When transparency is lost, we are all in danger.” The result could have been that you’d never get the chance to see this film (and filmmakers might be wary of exposing these stories in the first place). With a lawsuit hanging over it, distribution in the United States became almost impossible.

In other countries, BANANAS!* was seen. Outrage over Dole’s actions mounted; supermarket boycotts were instituted, first in Sweden, and then spreading to other European nations. In 2010, a year after the company filed the legal action, the suit was dismissed. The judge in the case determined that Dole’s case was frivolous and constituted harassment against Gertten. The banana company was forced to pay Gertten’s legal fees of nearly $200,000.

A win for the little guy – and for free speech? Yes, but despite the legal defeat, Dole’s strategy kept BANANAS!* away from viewers for many months. It damaged the credibility of the film, since reports of the suit were far more prominent than accounts of the suit’s collapse. Meanwhile, as the banana company likely hoped, interest in what the film chronicled might have gone stale. That these things didn’t happen isn’t a matter of luck. BANANAS!* is that powerful. That’s because the genuine story of the film – the brutal treatment banana workers and their families were subjected to – is real and riveting. By showing how the fight for justice continues today – not just in courtrooms, but in the bananalands of Central America where little has changed – the film shows an ultimate truth and an ultimate victory.

Dan Koeppel
www.bananabook.org

More articles by Dan Koeppel on this site:

• October 6, 2009: Why is Dole suing a filmmaker?

Last week, a relieved Juan Dominguez provided us with a closing letter from The State Bar Of California confirming his innocence in the banana fraud case. The letter states that Dominguez is free of all “allegations of professional misconduct”, and that the matter is closed.

Thus, the State Bar has determined that Dole’s allegations against Dominguez of fraudulent activities were without basis. These allegations by Dole were devastating for Dominguez’s work and reputation, and the fact that the State Bar has determined that these allegations lacked merit is more evidence of the injustice not only brought upon Dominguez, but also to the thousands of affected banana workers.

Background
In 2007, Dole was found liable for causing six Nicaraguan banana workers to have been sterilized by Dole’s use of the pesticide DBCP and the jury found that Dole acted with malice, fraud and/or oppression. One year later, anonymous Dole witnesses stated that several workers in two upcoming cases had never worked on banana farms and that this alleged fraud had infected all Nicaraguan banana suits. Dole successfully spread their version of the story to international media, which was possible due to a court order protecting the identity of the witnesses, making their stories impossible to double check. Several media articles stated that Dominguez not only risked losing his license, but also “possible prison time”. See LA Times from May, 2009 »
No criminal charges, however, were ever pursued against Dominquez and he was cleared by the California State Bar of any wrongdoing.

• Download the full closing letter » (PDF)

Read more
A longer story about Dominguez can be found in this press release:

• California State Bar Vindicates Attorney Juan Dominguez
  (Eworldwire PDF)

It also includes a Spanish version.

The 1st San Francisco Green Film Festival (SFGFF), which made its debut March 3-6, 2011, announced on Sunday the recipient of the festival’s inaugural Green Tenacity Award.

The award, to be given annually to a filmmaker who shows great tenacity in exploring crucial environmental issues in their work, was presented to director Fredrik Gertten for his film BANANAS!* which screened at the festival. The festival’s 25-person Screening Committee, including international filmmakers, environmentalists, journalists, industry executives, and content experts, selected the award.

Read more at sfgreenfilmfest.org »

Frontline Club in London presents a special screening of BANANAS!* Monday 24th of January. Fredrik Gertten will talk about freedom of speech and answer questions from the audience.

Frontline Club was set up by Vaughan Smith in 2003 in honour of colleagues at the Frontline Television News agency who died pursuing their work. It brings together the key players and thinkers in politics and the media and give you an opportunity not only to hear from experts but to ask questions and contribute to the discussion in a relaxed and informal atmosphere. Recently Frontline is known as the safehaven of Wikileaks founder Julian Assange.

Read more at Frontline’s website »

Austrian distributor Poool Filmverleih takes on BANANAS!* in a new and groundbreaking way. For the first time together with the national broadcaster ORF. This is how Austria will go BANANAS!* in the next coming days:

January 14, Friday – Top Kino, Vienna. POOOL Filmverleih celebrates in cooperation with the ORF the premiere of Bananas!*. TV host Paul Kraker (ORF) moderates the audience discussion with Fredrik Gertten after the filmscreening. 

January 15, Saturday – Matinée. Fair Trade breakfast starts at 10.30 a.m. The film starts at 12.30 p.m. Director Fredrik Gertten talks with MMag. Herbert Wasserbauer (www.dka.at) about the current conditions of employment for banana workers. 

January 16, Sunday – Broadcast. ORF2 broadcast of the German dubbed version of the film. 

January 21, Friday – Theatrical release! General theatrical release in Austrian cinemas. Filmstart 8 p.m. Daily screenings in Vienna and Linz.

Talks at Top Kino, Vienna:
January 21, Friday – Film and podiumdiscussion. Filmstart: 8 p.m. Klaus Werner-Lobo (author, politician) and Werner Hörtner talk about alternitiv ways for globalization.

January 27, Thursday – Film and podiumdiscussion. Filmstart: 06.15 p.m. Dr. Peter Drössler talks with Peter Jäger (autlook filmsales) and Dr. Alfred Noll (media lawer) about documentaries as a political way of expression, the right of free speech and the yet failed attempt to stop the release of the film BANANAS!*

The events are a collaboration between Poool Filmverleih, WG Film, Autlook Films, Südwind Austria, Greenpeace Austria, Dreikönigsaktion, Global 2000, Gewerkschaft der Privatangestellten and Abeiterkammer Wien. 

Read more at POOOL Filmverleih exclusive BANANAS!* website »

Steve Condie is the lawyer representing the banana workers in the ongoing Tellez vs. Dole case. Fredrik Gertten met him this summer in Los Angeles inside LA Superiour Court and discussed what’s happening next in the case.

Monday afternoon, the filmmakers behind BANANAS!* celebrated at the Malmö office with friends and media. Just days ago, the LA Superiour Court decided to strike Dole’s lawsuit against the film and to grant the anti-SLAPP motion filed in defence by the filmmakers.
Read the full story here.

More photos from the celebration »
(link to WG Film’s Facebook page)

Congratulations from colleagues and friends:

"Fredrik, I’m happy to see that Dole will be required to reimburse your costs incurred in defending against the SLAPP suit they filed in an attempt to prevent you from showing your film, Bananas*.  Dole’s filing the SLAPP suit against you in a transparent attempt to suppress information about what that corporation has done in Central America was a major factor in convincing me to step in to defend the plaintiffs in the Tellez case.  I can only hope that your success will encourage more investigations so that more information can be brought to light about what really has happened in Nicaragua.

Dole’s scorched-earth tactic of attacking journalists, investigators and lawyers in an all-out effort to suppress the truth about what Dole and its agents have done in Central America has been frustrated by your courage in refusing to back down when attacked by an industry giant.     As Edmund Burke stated:  "All that is necessary for evil to triumph is for good men to do nothing."  Keep up the good work!"

/Steve Condie
(The new lawyer who’s defending the affected workers in the Tellez case (the case featured in BANANAS!*).

"This is a remarkable victory for Swedish openness and democracy. Now, I hope the film’s message get the attention it deserves. As citizens, we can still influence the working conditions in poor countries and the ruthless exploitation of natural resources." (Our translation)

/Luciano Astudillo
(Ex Parliament member who arranged a screening of BANANAS!* in the Swedish parliament.)

US links:

Dole Hit With $200,000 Penalty Over Movie Lawsuit
Matthew Belloni
ABC News

Dole Slapped With $200K Ruling For Filing Documentary Lawsuit
Matthew Belloni
Hollywood Reporter

L.A. County judge orders Dole to pay filmmaker $200,000
Alan Zarembo
LA Times

Californian Judge Orders Dole to Pay Filmmaker $200,000
Associated Press
NY Times

Swedish links:

Kontroversiella Bananas!* kan visas i USA
Erik Ridderstolpe
Sveriges Radio, Ekot

Dole kan inte stämma Gertten fler gånger
Lisa Ovesen Botwid
Sydnytt, SVT

Filmen ”Bananas” vann Dole-rättegång
Erik Helmersson
Helsingborgs dagblad

Filmen ”Bananas” vann mot Dole
Erik Helmersson, Carina Jönsson, TT Spektra
Dagens nyheter

Gertten vann slutligen över Dole
Arvid Jurjaks
Sydsvenskan

Banankriget är över
Arvid Jurjaks
Sydsvenskan

Filmen ”Bananas” vann rättegång
Erik Helmersson, Carina Jönsson, TT Spektra
Svenska dagbladet

Fruit giant to dole out $200,000 over Bananas!* lawsuit
Vivian Tse
The Local

Dole-kritisk film kan visas i USA
Hannah McNeil
Nyhetskanalen, TV4

Hoover och jag
Johan Malmberg
Helsingborgs dagblad

Fredrik Gertten: ”Vi tog striden för andra filmare”
Paul Frigyes
Journalisten.se

WG Film vann över Dole
Susanne Roger
Filmnyheterna

Filmen BANANAS!* vann Dole-rättegång
Erik Helmersson/Carina Jönsson
TT Spektra

Gertten vann mot Dole
Realtid.se

Blogs

LA Judge Rules Dole Must Pay BANANAS!* Filmmakers for Wrongful Lawsuit
AJ Schnack
All these wonderful things (blog)

Yes, We Now Have BANANAS!* Judge Ralph Dau Rules in Favor of First Amendment and Filmmakers
moviesharkdeblore.com

En solskenshistoria: Grattis Gertten!
Mats Johansson, Member of Parliament, the Moderate Party

Så gav BANANAS!* Dole slutgiltigt på tafsen…
Alfonso Allende
Allende.se

Grattis Gertten!
Ethel Forsberg
U&W (You and We)

Press release:
Holding that the film Bananas!*, a “documentary on the topic of [Dole’s] treatment of its workers and use of pesticides” was an exercise of the “right of free speech,” a Los Angeles Superior Court today granted an anti-SLAPP motion filed by Swedish filmmakers Fredrik Gertten, Margarete Jangàrd and their production company WG Film, and struck the defamation complaint filed by Dole Food Company, Inc.

Although Dole had voluntarily dismissed the lawsuit a year ago after defendants filed the anti-SLAPP motion, the dismissal was “without prejudice” and the threat that Dole would reinstitute the action served to thwart the distribution of the film.

In granting the motion, the Court lifted the cloud over the film, holding that Dole’s lawsuit was "what is commonly known as a SLAPP" (which stands for "Strategic Lawsuit Against Public Participation") that lacked “minimal merit.” Indeed, the Court found that a “careful review of the film does not support Dole’s assertions” in the complaint. The Court rejected Dole’s contention that the “overall tone” and purported implications made in the film were defamatory, holding that the film accurately and fairly portrayed the events surrounding a trial that took place in Los Angeles in which Nicaraguan banana workers sued Dow Chemical and Dole for its use of a pesticide that causes sterility.

In addition to striking the lawsuit with prejudice, the Court ordered Dole to pay attorneys fees and costs in the amount of $199,959.25. This ruling comes over one year after the filmmakers filed their anti-SLAPP motion and upholds the filmmakers’ contentions that Dole’s lawsuit had no merit.

“We are extremely happy and relieved with the Court’s ruling after this year-long struggle” said director Fredrik Gertten. “Corporations such as Dole must respect freedom of speech and the freedom of the press. These conglomerates have unlimited resources available to them to get their messages out, while independent filmmakers who are under attack while trying to uncover the truth, have very limited means to defend ourselves. We are pleased that BANANAS!* can now reach a larger audience in the United States and that the important issues raised in the film such as human rights for farm workers in third world countries can continue to be discussed and debated.”

“The Court’s ruling is a complete vindication for my clients and their documentary” said the filmmakers’ lawyer, Lincoln Bandlow of Lathrop & Gage LLP in Los Angeles. “The fee award is particularly gratifying because it sends a very important message – to corporations who believe they can use their unlimited wealth and the sword of litigation to squelch speech with which they disagree – that there is a price to pay for such attacks. I’m very happy to tell my Swedish clients that the First Amendment is still alive and well in America.”

BANANAS!* is the non-fiction film centering on the issues surrounding the treatment of banana workers in Nicaragua and covers one of the many lawsuits filed by these workers against Dole and other companies regarding the adverse health effects suffered as a result of the use of the pesticide DBCP in banana fields. The film was screened in June 2009 at the Los Angeles Film Festival out of competition to sold out audiences even after Dole had tried to stop its screenings. BANANAS!* has gone on to win awards and accolades and to play to sold out audiences at over 50 film festivals throughout the world including the Berlin International Film Festival this past January. In addition, distribution rights have been sold to more than 15 countries worldwide. In the US, Oscilloscope Laboratories will distribute the film.

Downloads:

• Anti-SLAPP ruling » (November 17, 2010)
• Anti-SLAPP hearing transscript » (October 22, 2010)
• Anti-SLAPP motion » (September 10, 2009)

For information and press enquiries, please contact:

Lathrop & Gage LLP
Katie Hollar
Phone: +01 816 286 6385
khollar@lathropgage.com

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

Related articles:

• Court allows Dole to once again postpone the hearing date (June 23, 2010)
• Q&A with Fredrik Gertten about facing Dole in court (June 18, 2010)
• The return to Los Angeles – court hearing and special screening (June 16. 2010)
• BANANAS!* filmmakers withdraw counterclaim against Dole (October 29, 2009)
• Dole to withdraw defamation suit (October 16, 2009)
• All news »

(Last update: December 5, 2010)

BANANAS!* was one of the most talked about documentary films of 2009. The interest from media and the support from audiences and fellow filmmakers has been overwhelming. Below is a brief outline of the events during the hectic months before and after the film’s premiere.

In mid-December 2008, Director Fredrik Gertten and editor Jesper Osmund finished editing the cinema version of BANANAS!*.

In April 2009, Dole claimed that all but one of eleven plaintiffs in two upcoming DBCP cases against Dole had never worked on banana plantations and that the plaintiffs were paid and coached by their attorneys. Several witnesses testified on videotape, sixteen of them were anonymous “John Doe” witnesses because they claimed that they feared for their lives for exposing the alleged fraud.

Judge Victoria Chaney ultimately dismissed the cases, and also said that the fraud may have connections with the Tellez case, which was the trial featured in BANANAS!*. But Judge Chaney did not, despite Dole’s request, determine that there was no merit to any claims against Dole. Rather, she found that the actions presented before her had been so tainted with fraud by some of the plaintiffs, that she could not allow the cases to continue. Indeed, as Judge Chaney stated during the April 23 hearing on the matter: “We’ll never know if anybody in Nicaragua was actually injured or harmed by the alleged wrongful conduct of the defendants, and people will never have the opportunity to learn, since this fraud is so pervasive and extensive that it has forever contaminated even our own ability to ever know the truth.”

In April 2009, BANANAS!* was selected to compete in the Los Angeles Film Festival to be held in June. The film was also initially accepted for Silverdocs in Washington D.C., but got rejected because the Los Angeles Film Festival did not allow the film to simultaneously participate in another festival, although other films did so, including Convention by A.J Schnack and October County by Michael Palmieri and Donal Mosher.

On May 5th 2009, the Los Angeles Film Festival arranged a press conference and announced the program. BANANAS!* was included in documentary competition, competing for a $50,000 prize. The same day, our website (www.bananasthemovie.com) opened and the BANANAS!* trailer was published on Youtube and Vimeo. The BANANAS!* team celebrated with champagne.

On May 8th, another hearing about the fraud case was held in Los Angeles Superior Court. BANANAS!* was the subject of a discussion between Judge Victoria Chaney and Dole attorney Andrea Neuman, and the trailer for the film was showed in the court room. In regard to the film, Judge Chaney stated to those present: “Just so we are clear, I am not in any way going to make, and I will not consider, any request for prior restraint on free speech. Okay?  So, don’t ask me to go try and contact the film company. I don’t have jurisdiction over them. But even if I did, don’t ask me for it.” 

After the hearing, Dole’s law firm, Gibson, Dunn & Crutcher, sent a letter to WG Film, ITVS and all of the sponsors of the Los Angeles Film Festival. Dole did not like the trailer, nor the promo material featured on the website:

“…it is clear that this film contains numerous false and defamatory statements of purported fact concerning Dole and its current and former officers and employees in connections with lawsuits brought against Dole and other defendants by plaintiffs’ attorney “Juan ‘Accidentes’ Dominguez. /…/ This letter is a formal demand that you immediately cease and desist making false and defamatory statements of purported fact regarding our clients, and that you immediately publish prominent reactions of the same. Failure to do so will subject you to legal action.”

Neither Dole nor their attorneys had seen the completed film – they had only seen the trailer. “Strange things happens in LA. Mighty forces showing arms”, Gertten twittered.

Five days later, WG Film’s U.S. lawyer, Richard J. Lee, wrote in response to Dole’s letter: “The film is a balanced documentary of a trial based on actual events. Most of the factual information contained in the film is stated by its subjects, not by the filmmaker, who is essentially acting as a reporter.”

On May 11th, the global BANANAS!* team was expanded with publicist David Magdael in Los Angeles. “Conference call on Skype: Malmö, St Johns, Los Angeles, San Fransisco, Portland. Totally BANANAS!*”, Gertten twittered.

On May 14th, Dole’s lawyers sent a second “cease and desist” letter, still trying to shut down a film they had not seen. We responded by offering tickets to the LA premiere on June 20th.

May 18th, The BANANAS!* group on Facebook opened.

On June 5th, based on threats from Dole of possible legal action against the festival, the Los Angeles Film Festival moved BANANAS!* out of competition. Instead, a “special case study screening” was arranged, with a post-screening discussion with Gertten.

The same day, Dole’s lawyers sent a letter to the Swedish ambassador in Washington, asking him to stop the film: “We respectfully ask that the Consulate General withdraw its endorsement of this defamatory film, and that the Swedish Embassy take other appropriate steps to limit its damaging impact”.

Two weeks later, on June 22, Luciano Astudillo, a member of the Swedish parliament sent a public letter to the Swedish Foreign Minister, Carl Bildt: “Does the Minister for Foreign Affairs intend to, in an appropriate way, protest against the fact that an American transnational corporation uses Swedish government authorities to stop the screening of a Swedish documentary?”

In a reply dated July 3, Bildt wrote that he did not plan to take action, since he had been informed that the Consulate General in Los Angeles supported all Swedish films in the festival and that they did not try to stop BANANAS!*.

On June 8th, the Los Angeles Business Journal published a story about BANANAS!* entitled ”The Big Slip-Up” with the sub headline “Documentary on lawyer needs fact-check.” The Los Angeles Business Journal, however, clearly did not conduct any fact-checking on its own article, let alone the film, because nobody at the Los Angeles Business Journal had seen the film. Following the article, Gertten stated in a press release: “In answer to the question of whether my film is fraudulent, I cannot see that it is.  Everything I filmed is the truth and how this all played out during this trial.  The most important evidence in the case is a letter between Standard Fruit Company (now Dole) and Dow Chemicals. This is hard evidence and was not something that I made up.”

On June 8th, a news team from Swedish National Television (SVT) interviewed Fredrik Gertten. Shortly after the story was broadcast, the reporter was contacted by Dole’s PR firm, Gibraltar Associates in Washington D.C. Three days later, another interview was made by the same team, now with the focus on the fraud accusations, including a telephone interview with Michael Carter, Dole’s Executive Vice President. The story was broadcast on prime time national SVT news.

On June 12th, the BANANAS!* team celebrated producer Margarete Jangård’s birthday with a tropical banana bar party in a rainy Malmö. “I just booked a film team to cover my Los Angeles totally BANANAS!* adventure. If the shit comes down, it will at least be on camera” Gertten wrote on Facebook.

On June 15th, Gertten’s twitter read “have we been slapped?” A “SLAPP” is an acronym for “Strategic Lawsuit Against Public Participation”, which is a lawsuit whose aim is not to legitimately pursue a grievance but, rather, to intimidate and silence critics by burdening them with the cost of a legal defense in the hopes that they will abandon their criticism or opposition. See Wikipedia article »

On June 16th, we published an open letter to the international documentary community: “As we move forward, we hope you as our allies in the international documentary community will throw your support behind us. Dole and their counsel’s interference with us, ITVS, the Festival, and their sponsors represent a serious threat to independent documentary production.”

The same day, Gertten left for Los Angeles. ”Two interviews; radio and newspaper, whilst carrying my bag and stuff to the airport. Now a nice coffee at Copenhagen Airport”, he twittered.

On June 19th, Dole published a video response to the BANANAS!* trailer on Youtube. It was first named simply “Dole trailer” but was later renamed to “DBCP: A Conspiracy of Fraud.”

“One day to go for the totally BANANAS!* experience. Meeting with the festival lawyer soon. The heat is on, how will all this end? Don’t ever take freedom of speech for granted.” (Gertten on Facebook).

The festival board and its lawyer presented a proposition to Gertten and the producers: “If you just show clips from the film tomorrow, we can provide financial support for a new film, a grand opening, and distribution in the U.S.” We declined the offer.

June 20th – premiere day. Just hours before the screening, the Film Independent board held an internal screening, and discussed what to do. They decided to proceed, and BANANAS!* was screened at the UCLA James Bridges Theatre. In the last minute, however, BANANAS!* was pulled out from the Audience Award. Festival volunteers even had to re-collect the voting ballets from the sitting audience.

Before the screening, the executive director of Film Independent, Dawn Hudson, read a statement addressing why the film was removed from competition. Gertten then showed Dole’s video response to the BANANAS!* trailer and held a speech about the importance of free speech and the balance between different voices.

Dole Executive Vice President Michael C. Carter attended the screening. He left instantly after the screening, before the panel discussion and debate had even began.

“Two hours and twenty minutes before the screening we got the green light from the festival board. The film was screened. At least ten people from Dole in the audience, taking notes. The audience loved the film. The debate was insane, but I loved it. Just spent 1500 dollars on the party the Swedish consulate promised to give. Before Dole started to send letters.” (Gertten on Facebook).

Before the screening, a petition for BANANAS!* was arranged by other filmmakers participating in the festival: ”We strongly feel that as artists one has the right and freedom to show their work despite how others might feel about the content. Thank you for sustaining the integrity of the Fesitval by showing BANANAS!* tonight.”

The petition continues online and is still active. Sign the petition »

June 22
“Woke up with heavy intense knocks on my door. Somebody calling my name. So now the shit has hit the fan. Shall I receive the papers smiling or shall I kick them? …It was a guy from the reception, somebody was trying to call my room, and the phone didn’t work. Five minutes later I went live on Radio Kristianstad back home. Good Morning LA.” (Gertten on Facebook).

June 23
The film was screened again in LA. “The drama continues. Received a new letter from Dole, where they urged us to not screen the film again. We did, and the house was sold out again. Great screening, with the same strange set up around it. When Juan Dominguez’s brother raised his voice, the room got silenced. A passionate defense for his brother, he made a few very strong points.” (Gertten on Facebook).

Dole attended the screening on June 20, and in their third letter, dated June 23, they points to several alleged “undeniable and fatal problems” in the film. They reference the free speech discussion that evolved before the screening and also provide Gertten with an idea for an alternative film version: “The irony is that the latest developments in Judge Chaney’s courtroom provide the makings of a truly dramatic and important film: a U.S. lawyer who goes to Nicaragua, exploits poor, uneducated Nicaraguan citizens, foments political unrest against his own country as part of a massive conspiracy to manufacture false claims for billions of dollars and commit fraud on the U.S. courts. /…/ Given all of this, with some re-editing, re-writing, and re-shooting to focus on the truth, it seems you could have produced a truly compelling film”

On June 24th, Dole (using the legal process still ongoing before Judge Chaney) issued subpoenas to the Los Angeles Film Festival and ITVS, demanding that they provide to Dole all business records pertaining to BANANAS!*. One week later, Gertten wrote a letter to Film Independent director Dawn Hudson, asking her not to submit to the demands of the subpoena: ”To cede to the demands of the subpoena without fighting them would truly hurt the integrity of the organization as the supporter of the independent filmmaker, and of free speech. Further, this could very well set a dangerous precedent in how outside parties handle legal actions toward films presented at the Los Angeles Film Festival and films associated with Film Independent.”

June 26
“News chopper in the air three blocks away from my hotel. King of pop is dead. So sad. Last coffee at Profeta before leaving Westwood and Los Angeles. A very special and totally BANANAS!* experience is over. Hopefully!”, Gertten twittered.

June 29
“The Mexican film "Those Who Remain" won the doc jury award. In their speech they asked everybody to toast for me and BANANAS!*. Very sweet. Viva Mexico and big thanks to the Ambulante Film Festival, amor y solidaridad”, Gertten twittered.

On July 7th, Dole filed a civil lawsuit in Los Angeles Superior Court against WG Film, director Gertten and producer Margarete Jangård over the LA screenings of BANANAS!*. The lawsuit claims that the film defames Dole.

On July 9th, our lawyer Richard J. Lee issued a statement about the lawsuit, saying: "My clients and I believe that this suit is without merit and represents the latest in a continued line of intimidating harassment by a multinational corporation aimed squarely at a small, independent film and its filmmakers.”

On July 24th, The BANANAS!* fan page on Facebook was launched.

On July 28th, we retained First Amendment specialist Lincoln Bandlow of Lathrop & Gage to defend us against Dole. In a press release, Bandlow said: "Dole does not want the [BANANAS!*] release to happen because it wants discussion about its DBCP practices to simply go away. We are confident the court will not allow Dole to use this meritless lawsuit to accomplish that goal".

July 31
Dole’s PR firm, Gibraltar Associates, continued to send letters to Swedish journalists. The Swedish news site Realtid.se published one of them.

August 1 – 2
BANANAS!* was pre-screened two evenings in a row during the Båstad Film Festival. Both screenings sold out. Several Swedish journalists wrote what they thought about the film and the lawsuit. Swedish daily Dagens Nyheter interviewed Dole lawyer Ted Boutrous in a widely read article entitled “BANANAS!* is a lie” – a quote from Boutrous (published August 5th).

On August 7th, the website Makthavare.se published a story about Dole’s PR tactics related to BANANAS!*. In the article, several Swedish PR experts describe Dole’s actions as “a total PR failure”.

On August 13th, internationally acclaimed filmmakers Kim Longinotto, Hubert Sauper and Robert Kenner expressed their support to director Fredrik Gertten and BANANAS!* in Swedish daily Sydsvenskan. Kim Longinotto wrote in an email to Sydsvenskan: “I hope they don’t succeed in silencing [Gertten]. These large companies are accustomed to getting their will through. Therefore, it’s inspiring for the rest of us when someone dares to stand up and question their actions. /…/ The fact that a powerful multinational corporation is trying to discourage the filmmaker illustrates the power of this film. Fredrik has scared them.” (Our translation). Read more »

On August 23rd, a campaign aimed at raising awareness about the BANANAS!* case and to activate supporters around the Swedish premiere was launched. Join the BANANAS!* Free Speech Campaign »

On August 24th, The German Documentary Association (AG DOK) sent a letter to Dole. Thomas Frickel, CEO of AG DOK strongly criticized Dole’s attempts to silence BANANAS!*, and demanded that they immediately should cease their attack on the film and the freedom of information. Otherwise, he would officially ask the 850 members of AG DOK to use their contacts and resources to produce critical films and news reports about Dole and its methods.

On August 25th, Malmö Filmdagar opened – a festival where the film industry screens their work to each other and to the press. BANANAS!* was screened twice. A press conference with lawyer Lincoln Bandlow was held using a Skype video feed. The journalists, most of them surprised and puzzled by the Dole lawsuit after seeing the film, asked questions directly to Bandlow.

On September 2nd, the Swedish division of Reporters Without Borders condemned the BANANAS!* lawsuit on their website and launched an online petition – a letter to be sent to the Dole headquarters.

On September 8th, Swedish medical journal Läkartidningen published a story about DBCP, the pesticide under scope in the trial portrayed in BANANAS!*. The article evaluates the studies being made about the toxic effects of DBCP, and reveals that the producers, Dow Chemicals and Shell, played down a test result from as early as 1962, where scientists had detected sperm damage in rats and recommended highly protective gear while applying the chemical. This information did not make it to the warning signs on the product labels.

On September 11th, Dole’ executive vice president, Michael Carter, was interviewed in Swedish daily Sydsvenskan. Regarding the BANANAS!* lawsuit, he was quoted saying: ”Let [Gertten] fight. I know what will happen here. He will lose, he will definitely lose.”

Later the same day, we responded the Dole lawsuit by filing an Anti-SLAPP Motion and a Cross-Complaint. SLAPP is an acronym for Strategic Lawsuit Against Public Participation and allows the court to dismiss meritless lawsuits filed for the purpose of stifling protected speech (read Wiki article »).

As set forth in the motion, Dole’s lawsuit 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, we 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. Read more »

On September 29, an opinion piece was published in Swedish daily Dagens Nyheter, signed by chairmen of three major Swedish film organizations. Håkan Tidlund, chairman of the Swedish Film Institute was one of them. In the article, they urged Dole to withdraw their lawsuit against BANANAS!*: “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.” Read more »

On the same day, a letter was sent to Swedish MPs Mats Johansson (m) and Luciano Astudillo (s), who had invited director Fredrik Gertten to screen BANANAS!* in the Swedish parliament on October 1. The news about this meeting had reached Michael Carter, Executive Vice President of Dole, who 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”. Read more »

On October 1, BANANAS!* was screened in a fully booked meeting room in the Swedish parliament. After the screening, MPs Mats Johansson and Luciano Astudillo launched a cross-party petition, collecting names in the Parliament. In the petition they are asking Dole to withdraw their lawsuit. The will to defend free speech was overwhelming from politicians from left to right, and the story got widely spread in Swedish media. In an interview with SVT News, Fredrik Gertten said: “The fact that the parliament is screening this film is an important symbolic gesture. We often take freedom of speech for granted, but obvious things must also be defined and formulated. The parliament members who took the initiative to this screening are doing just that, they are formulating why it is important to defend this movie. And I am incredibly happy about that.” Read more »

One week later, Johansson and Astudillo sent a reply to Michael Carter’s letter. They were not impressed by Dole’s PR tactics, and continued to collect names, asking Dole to withdraw their lawsut.

On October 5, the CEO of Swedish hamburger chain Max said that they had stopped selling Dole fruit salads. A blogger had informed them about the lawsuit against BANANAS!*. “We don’t like Dole’s actions. Suing a filmmaker instead of having a dialogue is despicable,” said Max CEO Richard Bergfors to the Realtid.se news website.

On October 6, Dagens Nyheter published a two-page Sunday story entitled “Why is Dole suing a filmmaker?”. The story was written by Dan Koeppel, who connects the suing of BANANAS!* with a century of banana industry history. Koeppel is the author of the book ”Banana. The Fate of the Fruit That Changed the World”. Read the story in english »

October 8
Grandiose Gala premiere in Malmö with wine, music and speeches. Over 600 people saw BANANAS!* on Swedens largest cinema screen. Fredrik Gertten on Facebook: “Now very very tired after the gala premiere, early morning radio tomorrow, Fair Trade panel, interview with ARTE news from Berlin and then the great premiere broadcasted to cinemas around the country. Need some sleep, will get it one day.”

The same day, The International Federation of Journalists (IFJ), who represents over 600,000 journalists in 123 countries worldwide, condemned Dole’s lawsuit. "The company’s action is designed to legitimise censorship," said Aidan White, IFJ General Secretary. "We condemn the use of law to try to evade media scrutiny and public accountability. It is an unforgiveable violation of free speech." Read more »

On October 9, BANANAS!* had its Swedish premiere. Over 20 cinemas all over Sweden screened the film simultaneously. After the screening, Fredrik Gertten was interviewed by Orvar Säfström at Spegeln Cinema in Malmö. The interview was broadcasted live, and audiences all over Sweden could send questions via SMS. Over 400 questions were received. A recording of this Q&A will be included on the BANANAS!* DVD, with planned release in December, 2009.

The same morning, reviews were published in all major Swedish newspapers. Dagens Nyheter, Sydsvenskan, Aftonbladet and Expressen all gave it 4 out of 5 stars. Read more »

On October 15, BANANAS!* was once again discussed in the Swedish parliament, this time on government level. The Swedish minister of culture, Lena Adelsohn Liljeroth, met with Fredrik Gertten, free speech lawyer Percy Bratt and MPs Mats Johansson and Luciano Astudillo to get a deeper insight into the matter.

The story about the Max hamburger boycott (see October 5) had spread to news media all over Sweden, and journalists started contacting major food grocers ICA, Coop and Axood for comments. In an interview with Swedish news agency TT, a representative from ICA said that they had contacted Dole and demanded to have a talk about the film and the situation. In relation to the meeting with the Swedish minister of culture, Johansson and Astudillo therefore invited representatives from Coop, ICA and Axfood to an informal lunch in the parliament.

The same day, Dole withdrew their lawsuit. In a press release, Dole said they had made their decision in light of the free speech concerns being expressed in Sweden, although they continues to believe in the merits of its case. "While the filmmakers continue to show a film that is fundamentally flawed and contains many false statements we look forward to an open discussion with the filmmakers regarding the content of the film," said Michael Carter, Dole’s Executive Vice President and General Counsel. Read more »

Fredrik Gertten on Facebook: “Dole is withdrawing the lawsuit. We still don’t know the conditions. We still have a counterclaim that has to be resolved. Journalists start calling. But I’m still going to Stockholm to meet to minister of culture.”

On October 29, director Fredrik Gertten, producer Margarete Jangård and WG Film withdrew their counterclaim against Dole. However, they asked the court to compel Dole to pay the fees and costs incurred to defend the lawsuit. 

In a press release, attorney Lincoln Bandlow said that “the law is clear that Dole cannot file its action, compel defendants to incur significant expense in having to file an anti-SLAPP motion to have the case thrown out, and then just slink away with a voluntary dismissal while the motion is pending and not pay for its actions. The lawsuit should never have been filed – Dole has to pay the price for filing it.  Whether Dole will have to answer for the additional and significant damage it caused the makers of the film to suffer will be a question that may get revisited some other day.”

Fredrik Gertten said: ”having successfully compelled Dole to end their legal assault on the film, we are now focusing our efforts on getting the film out to the world.  Once we catch our breath from working on overcoming the harm initially caused by Dole’s tactics, we will reevaluate reinstituting our action against Dole.” Read more »

January 25, 2010
After months of silence, a new plaintiffs’ lawyer in the Tellez case filed a motion in the California Superior Court which seriously contested Dole’s allegations of fraud in the Nicaraguan DBCP cases. The new lawyer, Steve Condie, writes that Judge Victoria Chaney’s dismissal of all upcoming DBCP cases was not only unfair, but also a distraction from the genuine claim involving Dole’s use of DBCP.

In the motion, Condie writes that at least four of the anonymous “John Doe” witnesses were paid by Dole and that four more had their own personal motives to slander American lawyers involved in DBCP litigation in Nicaragua. And since the “John Doe” witnesses were anonymous, it’s practically impossible to double check their statements, which is unfair.

Condie concludes that none of Dole’s evidence in the fraud case is reliable or unbiased: ”there is no credible evidence suggesting that any fraudulent activities engaged in Nicaragua by anyone had any impact or effect on the trial in this case“.

On February 15, Oscilloscope Laboratories, a New York based film production and theatrical distribution company, picked up the US rights to BANANAS!*. However, WG Film’s insurance company could not protect Oscilloscope from further lawsuits from Dole. WG Film’s anti-SLAPP motion was still pending in court, and the grant of the motion was necessary to clear the film and to enable full US distribution.

The grant of the anti-SLAPP motion was also important for another distributor, The Independent Television Service (ITVS). They could not provide the film to broadcasters until they were sure the insurance company could cover them.

In May 2010, Nicaraguan newspaper El Nuevo Diario published a series of articles providing alternative stories about Dole’s actions in the Tellez case. The first article starts off during a press conference in Managua, where seven former banana workers said Dole bribed or tricked them to witness against the affected plaintiffs’. Read more »

On June 15, BANANAS!* won the audience award at the Environmental Film Festival in Goiás, Brazil (FICA). Read more »

In June, director Fredrik Gertten once again travelled to Los Angeles for a special screening of BANANAS!*. The screening was held the night before the final anti-SLAPP hearing. Dole did however manage to postpone the hearing until August 19. The Anti-SLAPP statute specifically states that a hearing on an Anti-SLAPP motion should be heard no later than 30 days from filing – yet it had been nine months since the motion was filed.

In a Q&A preceding the hearing, Gertten said "the hearing is reduced to fight over lawyers fees and if we win the money will not reach us. It’s for the insurance company and our lawyers. But it is important for all filmmakers and journalists that the judge comes out with a clear verdict: Dole did wrong. Suing a filmmaker is an attack of freedom of speech and press /…/ Hopefully the judge will make the same conclusion". Read the full Q&A »

On October 22, the final anti-SLAPP hearing was held after a long series of postponed dates. The hearing was a success for Fredrik Gertten, Margarete Jangård and WG Film, but the written ruling was not released until one month later.
Download the anti-SLAPP hearing transscript »

On November 17, the written ruling was finally released. The Los Angeles Superior Court granted the anti-SLAPP motion filed by Fredrik Gertten, Margarete Jangård and WG Film, and struck the defamation complaint filed by Dole. The Court found that a “careful review of the film did not support Dole’s assertions” in the complaint. In addition to striking the lawsuit with prejudice, the Court ordered Dole to pay attorneys fees and costs in the amount of $200,000.

"The Court’s ruling is a complete vindication for my clients and their documentary" said the filmmakers’ lawyer, Lincoln Bandlow. "The fee award is particularly gratifying because it sends a very important message – to corporations who believe they can use their unlimited wealth and the sword of litigation to squelch speech with which they disagree – that there is a price to pay for such attacks. I’m very happy to tell my Swedish clients that the First Amendment is still alive and well in America."

Director Fredrik Gertten said: "We are pleased that BANANAS!* can now reach a larger audience in the United States and that the important issues raised in the film such as human rights for farm workers in third world countries can continue to be discussed and debated."

Read more about the ruling »
Download the full anti-SLAPP ruling »

Listen up UK fans! Dogwoof now brings BANANAS!* to the UK shelves.

The DVD comes in an eco-friendly Dogwoof DVD sleeve and contains an exclusive interview with director Fredrik Gertten, trailers and the short film Pictures from a Banana Plantation.

Find out just what Dole wanted to repress by getting hold of one of the most talked about documentary films of recent years on DVD today.

UK Fans: Order now in the Dogwoof shop »

BANANAS!* won second prize in the "feature length" category at the Ecofilms festival 2010 in Rodos, Greece.

Words from the jury:
"A surprisingly well told story of killer capitalism told as a haunting legal thriller and a gripping court room drama. A gripping drama of poor workers in Nicaragua that try to get justice in THE court rooms of Los Angeles against powerful multinationals. A suspenseful saga of David and Goliath in a world where justice does not always come to those who need or deserve it."

The prize was shared with The Peddler by the Argentineans Eduardo de la Serna, Lucas Marcheggiano and Adriana Yurcovich.

1st prize was awarded Garbage Dreams by Egyptian director Mai Iskander. Other films in the category included Space Tourists by Oscar nominated directior Christian Frei and Seed Warriors by Mirjam von Arx.

Rodοs International Films + Visual Arts Festival Ecofilms, invites the participation of documentaries, shorts and features with environmental and ecology themes, encouraging conservation issues and issues related with the natural, the human and the built environment. Prizes are awarded to the films for their innovative approach in conservation issues for their daring proposal in subject matter and their artistic qualities overall.

Dole has requested to postpone the hearing in the BANANAS!* case that was supposed to be held this week. The new date will be August 19. This despite the fact that the Anti-SLAPP statute specifically states that a hearing on that kind of motion should be heard no later than 30 days from filing – yet it has been nine months since the motion was filed.

Dole dropped their lawsuit against BANANAS!* in October 2009, but there were still issues to resolve. We pointed out that even though Dole had dropped the lawsuit, we were still entitled to a ruling on our Anti-SLAPP motion and to an award of the legal fees incurred in defending against Dole’s action.

The hearing on these matters have been constantly rescheduled, and no less than five different Judges have been assigned to the case in the year that it has been pending. The first four judges either recused themselves or were taken off the case for various reasons, but since November 18 2009, Judge Dau has been the judge in the matter.

On December 22, 2009, we filed a separate motion setting forth the attorneys’ fees that we seek to recover. Thus, the Anti-SLAPP motion and the motion for fees were set for hearing on January 14, 2010. Dole requested that this date be moved and we agreed to move the hearing to January 28, 2010. A long series of court-imposed delays then followed. The January hearing was first postponed to March – and then to June.

On June 13, Dole requested to postpone the hearing to July 14, 2010, saying that they wanted to wait until after the hearings were completed in the Tellez matter. We refused to stipulate on the grounds that the Tellez hearings are irrelevant to our motions and we had waited far too long for a ruling as it was. Dole brought a motion to move the date despite our objections and suggested July 14, but at the hearing on the motion, Judge Dau indicated he was “not prepared to rule on the matter” and instead suggested August 19.

So here we are after countless delays and weird circumstances. The Anti-SLAPP statute specifically states that a hearing on an Anti-SLAPP motion should be heard no later than 30 days from filing – yet it has been nine months since the motion was filed. Beyond that – the Los Angeles Superior Court rules state that the court should try to dispose of an entire case within one year from the date of its filing – yet by the time the hearing is held, the action will have been pending for a year and two months. This delay is, of course, all in favor to Dole, who always tries to either postpone their court hearings or shift the debate away from themselves and on to irrelevant issues. This time, their main strategy seems to be postponing the case long enough to make the judge feel that the case has gone cold. We will of course not allow this to happen.

Related articles:

• Q&A with Fredrik Gertten about facing Dole in court
• The return to Los Angeles – court hearing and special screening

In a few days, BANANAS!* director Fredrik Gertten is flying from Sweden to Los Angeles to face Dole in court. One year has passed since Gertten, producer Margarete Jangård and their company WG Film got sued by Dole for screening the film in Los Angeles.
 
Q: What are going through your head, one year after Dole attacked your film and one week before your day in court?
A: I am looking forward to leave all this behind us. I have now consumed a lifetime use of lawyers. I have learnt a lot, it has been stressful but also very interesting. Now I would like to move forward. To the next project. And maybe some holidays.
 
Q: Didn’t Dole drop the lawsuit against you and BANANAS!*, why are you going to a court hearing?
A: Yes, Dole dropped the lawsuit, but our counterclaim, the so-called SLAPP motion will now have its day in court. The hearing is reduced to fight over lawyers fees and if we win the money will not reach us. It’s for the insurance company and our lawyers. But it is important for all filmmakers and journalists that the judge comes out with a clear verdict: DOLE did wrong. Suing a filmmaker is an attack of freedom of speech and press, the very fundament of the bill of rights and the first amendment. Democracy needs free press and documentary filmmakers. Hopefully the judge will make the same conclusion.
 
Q: Why do you have to be there in person?
A: I don’t need to. It’s all a matter between lawyers. But if I can make it I would love to.
 
Q: What are your chances? Do you think the Judge will make Dole pay your legal fees?
A:  I think the judge will understand how uneven this fight has been. Our lawyers fees have exceeded 300 000 dollars. It is not possible for a small production company to defend it self when it is so expensive. Many filmmakers would  give up without even trying. The judge only needs to see the film once to understand that DOLE was wrong. But I prefer of course that he also reads our SLAPP motion. It is a very good piece of work and will make anyone understand that DOLE has nothing more than tons of words.
 
Q: What is your dream scenario?
A: If we are successful, the Judge will tell Dole that they were wrong and made a mistake. This would be an important victory for us. Not financially, but in principle. A court order saying that Dole made a mistake would prove what we’ve been saying for a year now, and a victory in a Californian court room would be a victory on Dole’s home ground.
 
Q: Will this hearing be a part of a long legal process, or is this it?
A: I am no expert. It can be the end. But as always there’s a possibility of appeals. It can go on for years.
 
Q: You are also doing a “special screening” of BANANAS!* the night before the court hearing, what makes it special?
A: I will be there to answer questions, and so will our excellent attorney, Lincoln Bandlow. One year later after the turmoil at last year’s LA Film Festival, I am glad that the public can see the film that Dole didn’t want anyone to see. We are pleased that our US distributor Oscilloscope is screening this film for the public at this time before the DVD comes out, so that everyone can see for themselves. With Chevron coming on down on my fellow filmmaker Joe Berlinger for his film CRUDE and Dole suing us for BANANAS!*, it’s become even more difficult for documentary filmmakers to defend ourselves and continue to make nonfiction stories about those who have been wronged. Despite all of Dole’s effort to halt our film, to date we have screened at over 50 festivals worldwide and sold the film to over 10 countries for television and theatrical exhibition.
 
Q: Finally, will there be time for a drink at the beach?
A: If not a drink, a swim. My 13 year old son will travel with me, so I am doing my best to enjoy life. It’s a privilege to be a documentary filmmaker. And a father.

The special screening of BANANAS!* will take place at the Downtown Independent Theatre on Wednesday, June 23, 2010 at 7PM and 9PM.  The theatre is located on 251 Main Street in downtown Los Angeles, CA 90012.

BANANAS!* comes back to Los Angeles for one time screenings on June 23, 2010. Oscilloscope Laboratories presents theatrical screening at the Downtown Independent theater on eve of filmmaker trial.

Press release:

LOS ANGELES, CA – The infamous documentary BANANAS!* comes back to Los Angeles for a one night theatrical screening on the eve of the trial between Dole Food Company and filmmaker Fredrik Gertten. Both filmmaker Gertten and his attorney Lincoln Bandlow will be in attendance at the screening to discuss the film following each screening on June 23 in downtown Los Angeles.

After last year’s highly controversial screening at the Los Angeles Film Festival amid threats of lawsuits, Dole Food Company sued director Gertten and his production company WG Film. However, Dole withdrew the lawsuit after Gertten’s home country, Sweden and its Parliament, signed a petition demanding Dole to withdraw the lawsuit on the basis of freedom of speech. Next Thursday, June 24, following the Los Angeles screening, Gertten will have his day in court against Dole, as he filed a SLAPP motion.

"One year later after the turmoil at last year’s LA Film Festival, I am glad that the public can see the film that Dole Food Company didn’t want anyone to see," said filmmaker Gertten. "We are pleased that our US distributor Oscilloscope Laboratories is screening this film for the public at this time before the DVD comes out, so that everyone can see for themselves. With Chevron coming on down on my fellow filmmaker Joe Berlinger for his film CRUDE and Dole suing us for BANANAS!*, it’s become even more difficult for documentary filmmakers to defend ourselves and continue to make nonfiction stories about those who have been wronged. Despite all of Dole’s effort to halt our film, to date we have screened at over 50 festivals worldwide and sold the film to over 10 countries for television and theatrical exhibition."

This special screening of BANANAS!* takes place on Wednesday, June 23, 2010 at 7PM and 9PM at the Downtown Independent Theatre located at 251 Main Street in downtown Los Angeles, CA 90012.

The film has screened with critical acclaim in theaters and on television in Sweden, France, England, and Germany and other countries. BANANAS!* is a multi-layered courtroom drama delving into the global politics of food, the dynamics of First and Third world nations, and ultimately, human rights at the basest of levels.

Directed by investigative journalist Fredrik Gertten, BANANAS!* focuses on a landmark and highly controversial legal case pitting a dozen Nicaraguan plantation workers against Dole Food Corporation and its alleged use of a banned pesticide with a probable link to generations of sterilized workers. Juan "Accidentes" Dominguez, a Los Angeles-based personal injury attorney, leads the charge in this classic David vs. Goliath story at times both infuriating and inspirational of workers, their families as well as the culture of global, multinational business. Cameras inside the court and interviews with Dominguez and the plaintiffs take the audience directly to the story.

Experts and companies all over the world have followed this case. If Dominguez is successful, it could rock the economic foundations of Dole and Dow, and would open the US courts to other global victims of US-based multinationals. It would represent a new day in international justice, and there are further cases of a similar nature coming up next in many jurisdictions.

For more information on the screening go to:
Downtown Independent’s website »

Background on the lawsuit againt BANANAS!*:
BANANAS!* background » (1 page PDF)
BANANAS!* under fire – a timeline » (full timeline)

For press enquiries, please contact:

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

Olá, amigos do BANANAS!*

Bart here, back in Canada after a great experience at FICA Environmental Film Festival in Goiás, Brazil – where we won the Audience Award for favourite film.

The city of Goiás (officially Goiás Velho) is a wonderful spot, about 4 hours west from the capital of Brasilia. It’s incredibly hot in June (at least for Swedes and Canadians), somewhere around 35 degrees during the day but almost zero humidity – and about 500m above sea level.

Once the capital of the state, it’s now a UNESCO world heritage site and an example of the old colonial cities of Brazil.

You wouldn’t expect a film festival to take over such a town, but that’s exactly what it did – the whole region came out to take in the films, discussions, and cultural events organized by our wonderful hosts at the festival office.

Screenings were held in 3-hour blocks, and we screened at 2pm on Thursday to a busy theatre. School kids came in and there was a bit of buzzing and chatting during the screening…great that there was a lot of access to these films, but I must admit the noise made me anxious that the general audience wasn’t going to follow the important details of the film.

I guess I shouldn’t have worried – from the 28 films in official competition (all lengths and genres, including Oscar®-winner The Cove), the audience chose us as best film. Very flattering, and a great burst of energy for our production team after dealing with lawsuits, misinformed US media articles and a halted release strategy. Most importantly, it keeps the spotlight on the conditions of the workers in Chinandega. The win is already reported in the Nicaraguan press.

Audience Awards are always the best award to win. They rarely come with money attached (and with WG Film’s court costs, money could have helped!) – but they do what no other award can – they show that the film really struck a chord with the general viewership.

Documentarians work in alone or in small groups, and we always appreciate honest feedback. Getting a statement like this from the heartland of the largest country in Latin America is proof that the film is doing its job – and we hope this is a good step toward larger exposure in the central and southern hemisphere.

Finally, a big shout-out to our editor Jesper Osmund, who not only was part of the BANANAS!* win – he was also editor of Jakob Gottschau and Øyvind Hesselager’s Bringing Life To Space, which won the award for Best Series. Congrats J-man!

Tchau and obrigado to all,

Bart

If you do a search on the term “DBCP” on google.com, Dole shows up in the “sponsored links” sidebar. If you mention DBCP in an article published on a site containing Google ads, the same ad shows up again. The link is called “Dole DBCP Facts”.

DBCP is a chemical formerly used in pesticides, the same chemical under scope in the recent banana pesticide trials. In 2007, Dole was sentenced to pay punitive damages to six workers claiming to have been sterilized by DBCP (this is the case featured in the film BANANAS!*).

Apparently, Dole is paying Google to be on top of the search results when users are trying to find information about the trials and DBCP.

However, if you do a search on the term “Fredrik Gertten”, the director of BANANAS!*, you get the same results. This probably means that Dole is paying for the keywords “Fredrik Gertten”. This also means every time someone writes something (a word is enough) about Gertten and BANANAS!*, the same link appears in the “ads by Google” space included on thousands of websites.

How does it work?
Dole is using an automated ad system called AdSense. If you want to use the system on your site, you reserve some space for Google, and the system recognizes keywords in the content of your site and places ads that match your content. Ideally, an article about bananas has ads about bananas.

On the other end, if you want to sell bananas, you use a service called AdWords. You invest in the word "bananas", and if that word appears in a text online, there is a chance your ad pops up. To set this up, you need to tell Google you’d like to spend a certain sum of money on your keyword, let’s say a $100. This sum is now your investment budget. As soon as someone clicks on your ad, a small amount of this budget is used. The more money you invest in your ad words, the more often they show. In the end, the site owner gets paid by Google for providing the ad space.

So where do you end up if you click on Dole’s ad?
It’s always the same link, an ad called Dole DBCP Facts, a page that doesn’t really contain any facts about the pesticide DBCP. Instead, it’s a list of Dole’s court documents related to the banana pesticide cases and the lawsuit against BANANAS!*. Sure, this is a nice little initiative in corporate transparency, but there is one big problem: where are all responses to Dole’s documents? We replied to every single cease-and-desist-letter they sent to us that are listed there. 

A few examples of where you might find Dole’s ad:
BANANAS!* trailer on vimeo »
BANANAS!* profile on IMDB »
Los Angeles Times article about BANANAS!* »

Read more
Bananas about "Bananas!*"
Pidde Andersson, Xomba.com
June 13, 2010

Google går bananas (in Swedish)
Andreas Ekström, Sydsvenskan
May 29, 2010

Smutskastningen kan börja (in Swedish)
Andreas Ekström, Journalisten.se
May 26, 2010

Related articles on this site:
When Fredrik Gertten held a speech at the LA premiere, he mentioned the sponsored links. Watch the speech here »

The BANANAS!* lawsuit »
(All documents related to the lawsuit against BANANAS!*)

The letters from Dole »
(The cease-and-desist letters preceding the lawsuit)

The BANANAS!* fever in the UK continues with the DVD release on July 12th, just in time for a Long-Doc-Summer. The film ships with an eco-friendly Dogwoof DVD sleeve, an exclusive interview with director Fredrik Gertten, trailers and the short film Pictures from a banana plantation.

In the meantime, don’t miss the UK cinema screenings:

Edinburgh Filmhouse
Edinburgh, June 7-10

Cardiff Chapter Cinema
Canton, June 28 – July 1

Read more at the Dogwoof website »

The legal battle between Dole Food and Nicaraguan banana workers continues. In 2007, the multi-million-dollar giant was sentenced to pay punitive damages to six workers claiming to have been sterilized by the pesticide DBCP. One year later, anonymous Dole witnesses stated that several workers in two upcoming cases had never worked on banana farms and that this alleged fraud had infected all Nicaraguan banana suits. Dole successfully spread their version of the story to international media, which was possible due to a court order protecting the identity of the witnesses, making their stories impossible to double check.

But while Dole continues to hide behind the protective order, alternative voices are starting to pop up. These voices tell the story of a dirty Dole and a biased judge. And very soon, a new American lawyer will face Dole in court and ask them to explain.

Last spring, anonymous witnesses stated that several plaintiffs’ in two upcoming DBCP cases in the LA Superior Court had never worked on banana farms. Dole also claimed that this fraud involved all Nicaraguan DBCP cases, including the Tellez case back in 2007, where Dole was sentenced to pay compensatory and punitive damages to six workers (this is the case featured in the film BANANAS!*). In May 2009, Judge Chaney threw out the two upcoming cases and issued a protective order on the anonymous witnesses making it impossible to cross-examine their stories.

Since then, Dole has been hiding behind the protective order and has succeeded in spreading their version of the story worldwide, with no contradictions or opposing views. But a new plaintiffs’ lawyer in the Tellez case has filed a motion which seriously contests Dole’s allegations of fraud. The new lawyer, Steve Condie, writes that Chaney’s dismissal of all upcoming DBCP cases was not only unfair, but also a distraction from the genuine claim involving Dole’s use of DBCP. In the motion, Condie writes that at least four of the anonymous “John Doe” witnesses were paid by Dole and that four more had their own personal motives to slander American lawyers involved in DBCP litigation in Nicaragua. And since the witnesses were anonymous, it’s practically impossible to double check their statements, which is unfair. Court hearings will be held in Los Angeles this summer, dates will be announced soon. Download the full motion »

Beside from the upcoming court hearings, several alternative stories are starting to pop up. These stories provide a fresh wind by giving a Nicaraguan view of the events. El Nuevo Diario have published two stories, both pointing to the conclusion that Dole bribed witnesses to tell a story that doesn’t add up.

The first article starts off during a press conference in Managua on May 14, where seven former banana workers said Dole bribed or tricked them to witness against the affected plaintiffs’. One of the workers said that a Dole agent promised him an American VISA, $50,000, a job and housing in the US in exchange for declaring against one of the pesticide victims. He refused, but after being intimidated and threatened to be charged for criminal activities, he agreed to give a declaration, but only received 6,500 cordobas in exchange (approx $430). Read the original article here, or download an English translation here.

Associated Press also reported from the press conference, and one of the workers said in an interview that Dole offered him money to testify:
“What they wanted was for me to testify that the tests had been altered, that they had not worked on the banana plantation, and that for saying what they wanted, they would give me $225,000. I agreed to lie because they know that we are poor and know how to use you. They took me to Costa Rica and there I said everything they asked of me. They tricked me, they tricked all of us. They gave me just $300, that’s it.”

Lawyer Scott Edelman of Dole said in response that bribing of witnesses is “categorically false” and that he could not confirm if the workers on the Managua conference were in fact the anonymous “John Doe” witnesses, since the judge sealed their identities.

Another El Nueva Diario article shows that Dole fails to prove that “a secret meeting” took place where Nicaraguan judges, American lawyers and lab technicians met to manufacture evidence. The location can not be pinpointed, none of the alleged participants say they were there, passport stamps are missing and the witnesses’ stories about the length of the meeting does not match.

The article also criticizes Judge Chaney for being biased. During the court hearings in May 2009, she talked about how the judicial system in Nicaragua is corrupt, and that Nicaraguans can only live “in their own ecosystem”. Despite this criticism with the conclusion that no evidence coming from Nicaragua can be trusted, she completely trusts Dole’s evidence from Nicaragua. Read the original article here, or read an English translation by Google here.

Stay tuned for the LA Court hearings this summer and please share the links!

“La Dole nos sobornó para declarar contra víctimas del Nemagón”
(Link to El Nuevo Diario)
By: Roger Olivas
May 10, 2010
Full English translation can be found here

Conspiración Dole, la fábrica infame de “evidencias”
(Link to El Nuevo Diario)
By: Roger Olivas
May 12, 2010
English translation by Google translate can be found here

Nicaraguan banana workers deny they conspired in fraud to win pesticides case against Dole
(Link to Washington Examiner)
By: Marcus Aleman, Associated Press
May 14, 2010

Related articles on this site
Dole’s evidence in fraud case contested
February 13, 2010

Pesticide lawsuits – a DBCP overview
May 5, 2009

What is Nemagon?
May 5, 2009

The Telegraph (18/4/10)
"The denouement, far from the David-slaying-Goliath narrative that you might expect to be celebrated, is a messy affair. Dole filed ­ and later dropped ­ a defamation lawsuit against Gertten and turned his film into something of a cause célèbre in activist circles."

The Independent (17/4/10)

The Guardian (16/4/10)
"It seems that US corporations may be reaping a whirlwind of litigation from developing-world communities in Latin America for years to come, and like the cigarette companies, they will fight it every step of the way. What a prospect."

The Evening Standard (16/4/10)
"Dole lost and is now appealing and seems to be suing almost everyone in sight. It may be a never-ending story – but I know whose side I’m on."

View London (16/4/10)
"This is a well made eco-doc that’s gripping, rage-inducing, heart-breaking and heart-warming but also frustrating in equal measure. Worth seeing."

London based distributor Dogwoof brought BANANAS!* to UK cinemas on Friday 16th April with a two week run at Londons ICA and the Queens Film Theatre, Belfast. BANANAS!* has gone on to be booked in cinemas in every capital city in the UK with upcoming bookings in Cardiff and Edinburgh. Updated booking links will be published as and when they are live online and can be found here.

Dogwoof has a track record for bringing the best in socially minded and ethically aware films to UK cinemas and teaming these releases with innovative campaign to raise awareness of the films themselves and the issues surrounding them.

The Age of Stupid set a world record for the highest ever attendance at a film premiere for the satellite broadcast of its world premiere in April 9 while Burma VJ (Academy Award® nominee) was the first film ever screened at No. 10 Downing Street on the eve of the 64th Birthday of Burma’s detained former leader Aung San Sui Kyi.

Oscilloscope Laboratories, a New York based film production and theatrical distribution company, has snapped up the US rights to BANANAS!*.

Oscilloscope was launched in 2008 by Adam Yauch of the Beastie Boys, who modeled the company after the indie record labels that he grew up around, choosing films and then marketing them with the same artistic integrity with which they were made. The company, which is an extension of Yauch’s recording studio of the same name, has an in-house DVD distribution and production arm, and the paper packaging is reminiscent of the heyday of LP record jackets. All of the company’s DVD packaging is (free of any plastic) printed on FSC Certified 80% post-consumer waste paper and produced in a carbon neutral, hydroelectric, ISO- 9001 and ISO- 14001 certified plant.

Other films on Oscilloscope include Scott Walker: 30 Century Man, directed by Stephen Kijak and Oscar nominee Burma VJ, directed by Anders Østergaard and co-produced by WG Film.

Oscilloscope website »

After months of silence, a new plaintiffs’ lawyer in the Tellez case has filed a motion in the California Superior Court which seriously contests Dole’s allegations of fraud in the Nicaraguan DBCP cases. The new lawyer, Steve Condie, writes that Judge Victoria Chaney’s dismissal of all upcoming DBCP cases was not only unfair, but also a distraction from the genuine claim involving Dole’s use of DBCP.

In the motion, Condie writes that at least four of the anonymous “John Doe” witnesses were paid by Dole and that four more had their own personal motives to slander American lawyers involved in DBCP litigation in Nicaragua. And since the “John Doe” witnesses were anonymous, it’s practically impossible to double check their statements, which is unfair.

Condie concludes that none of Dole’s evidence in the fraud case is reliable or unbiased: ”there is no credible evidence suggesting that any fraudulent activities engaged in Nicaragua by anyone had any impact or effect on the trial in this case“.

Further hearings in the case are scheduled for May 10-11.

Dowload the motion » (PDF)

Read more:
They’re Going Bananas! Lawyers Deny Cooking Up Stories About Dole
Amanda Bronstad, Law.com

BANANAS!* under fire – A timeline
www.bananasthemovie.com

Aside from the screenings of BANANAS!* scheduled in the Culinary Cinema programme, the film will be discussed in other events organised by the Berlinale involving filmmakers, journalists, lawyers, etc:

Sunday, 14th February

14:00 – 15:30, HAU1, Talent Campus
"Shooting Suspects: Trust and Risks in Documentary Cinema"
Experts: Fredrik Gertten, Laura Poitras, Anat Zuria.
Moderated by Jörg Taszman.

Monday, 15th February

11:00 – 12:30, HomeBase Lounge
"BANANAS!* vs DOLE", a case study: "How do we protect ourselves when we’re attacked? How do we support one another?"
Experts: Lincoln Bandlow, lawyer, Los Angeles (defended BANANAS!* against DOLE); Andreas Spieß, German media lawyer; Sabine Bubeck-Paaz, ZDF/ARTE; Fredrik Gertten, director BANANAS!*; Margarete Jangård, producer BANANAS!*.
Moderated by Ove Rishøj Jensen, European Documentary Network.

18.00, Konzerthaus Gendarmenmarkt
Cinema for Peace gala: the International Green Film Award will be presented by Leonardo di Caprio and Mikhail Gorbachev.

22:00, Martin Gropius Bau Cinema
Screening of BANANAS!* – in the Berlinale Culinary Cinema Programme.

Tuesday, 16th February

17:00 – 18:30, Gropius Mirror Restaurant
Fruit Salad: A discussion with Fredrik Gertten on his film BANANAS!* and the politics of food.

Wednesday, 17th February

BANANAS!* Event at the Swedish Embassy in Berlin:
17.00: Cocktail – at the invitation of the Ambassador of Sweden
17.45: Screening of BANANAS!*
19.15: Panel on freedom of speech: "When Corporate Lawyers Come Knocking on Your Door"
Experts: Mats Johansson (conservative member of the Swedish Parliament who presented BANANAS!* to the Parliament); Percy Bratt (civil rights defence lawyer (former Swedish Helsinki Committee); Sabine Bubeck-Paaz (commissioning editor ZDF/ARTE, co-producer of BANANAS!*); Fredrik Gertten (director of BANANAS!*); Margarete Jangård (producer of BANANAS!*); Sabine Leutheusser-Schnarrenberger (German Minister of Justice, not yet confirmed).

Moderated by Benedikt Härlin (journalist and former politician of the Green Party).

Download this post as a PDF »

For press and interview request, please contact:
Kerstin Hamm / kainz + hamm filmcontact
kerstinhamm@filmcontact.de / www.filmcontact.de
Marienburger Straße 36 10405 Berlin
Phone: + 49 (0)30 27908 – 700, Fax: – 795, Cell: + 49 (0) 177 4024355

BANANAS!* has been nominated for the International Green Film Award 2010 at the Cinema For Peace Gala in Berlin on February 15th.

Words from the jury:
"With BANANAS!* you did not only chronicle a landmark court case. In realizing this upsetting feature you also carry a message for humanity: You intentionally provoke basic important questions about power relations in our globalized world."

The prize will be announced and handed out by actor Leonardo DiCaprio and former president Mikhail Gorbachev. Dicaprio was awarded last year along with Gus Van Sant and his feature film Milk.

The 2010 International Green Film Award nominees are:
BANANAS!* 2009: Fredrik Gertten (director), Maragrete Jangård (producer).
Crude, 2009: Joe Berlinger (director), Michael Bonfiglio (producer).
Home, 2009: Yann Arthus Bertrand (director), Denis Carot (producer).
Into Enternity, 2010: Michael Madsen (Director), Lise Lense-Møller (Producer).
Avatar, 2009: James Cameron (director), Jon Landau (producer) For blockbuster entertainment with a green message.
Roland Emmerich: For blockbuster entertainment with a green message Robert Redford: For his lifelong dedication to environmental issues.

During the gala, the international film industry will meet to display and honour social and humanitarian achievements connected to the world of film. This is the ninth time the annual gala is held, and it will take place on Monday, February 15th, at the Konzerthaus Berlin.

Read more at www.cinemaforpeace.com
For ticket requests, send a mail to guest@cinemaforpeace.com

BANANAS!* continue its journey around the world. Because of the conflict with Dole Food Company, the Berlinale International Film Festival has made an exception from their ordinary premiere rules and shows the film in the section for food politics, “Culinary Cinema”.

"The concept for the series has proven successful. We show films that whet our audience appetites and then we cook for them. Though we also show films that ruin their appetites, for instance, films that open their eyes to the catastrophic global food situation”, says festival director Dieter Kosslick.

This year, Berlinale International Film Festival celebrates its 60 year anniversary and takes place in Berlin, February 11-21.

BANANAS!* screening times at Berlinale 2010:

Monday, 15. February, at 10:00 p.m. (admission 09:45 p.m.)
Martin-Gropius-Bau

Tuesday, 16. February, at 05:00 p.m.
"Gropius Mirror" restaurant, Tea Times – "Fruchtsalat", Discussion with Fredrik Gertten. Attendance only with registration at kulinarisches.kino@berlinale.de

Download press release »
(PDF including background story about BANANAS!*)

For press and interview request, please contact:
Kerstin Hamm / kainz + hamm filmcontact
kerstinhamm@filmcontact.de / www.filmcontact.de
Marienburger Straße 36 10405 Berlin
Phone: + 49 (0)30 27908 – 700, Fax: – 795, Cell: + 49 (0) 177 4024355

Swedish website Filmnyheterna.se compiles the Swedish critic scores for Swedish cinema releases 2009. BANANAS!* hits nr 5 with an average score of 3.56.

If you look at the reviews, 2009 was a strong year for Swedish documentary filmmaking. 39 films had their cinema premiere during 2009. The average grade for documentaries was 3.92, and the average for feature films were 2.75.

The grades are a combined average from Dagens Nyheter, Svenska Dagbladet, Göteborgsposten, Sydsvenskan, Metro, Aftonbladet, Expressen, Nöjesguiden, Allt om film, TV4 Nyhetsmorgon, SVT Morgon, Moviezine.se, TT Spektra and Swedish Public Radio P4. At least five sources were needed to be featured on the list.

The full list (documentaries in bold):

(3 points and more)
Flickan – 3,94
Drottningen och jag – 3,92
Ebbe – The Movie – 3,65
Lilla spöket Laban – Bullar och bång – 3,6
Bananas!* – 3,56
Videocracy – 3,52
Apan – 3,51
I taket lyser stjärnorna – 3,47
Bröllopsfotografen – 3,44
Mammut – 3,42
När jag blir stor – 3,41
Män som hatar kvinnor – 3,4
I skuggan av värmen – 3,38
Man tänker sitt – 3,35
Am I Black Enough For You – 3,33
Behandlingen – 3,28
Prinsessa – 3,28
Fotografen från Riga – 3,14
Broder Daniel Forever – 3,12
En film om Olle Ljungström – 3,1
Kenny Begins – 3,04

(2 points and more)
Flickan som lekte med elden – 2,79
Metropia – 2, 77
Sommaren med Göran – 2,61
Wallander – Hämnden – 2,58
Luftslottet som sprängdes – 2,56
Hälsningar från skogen – 2,53
Pettson och Findus – Glömligheter – 2,5
Det enda rationella – 2,41
Så olika – 2,22
Johan Falk – Gruppen för särskilda insatser – 2,21
Beck – I stormens öga – 2,15
Karaokekungen – 2,13
Vägen hem – 2,08
Mañana – 2

(1 point and more)
Oskar, Oskar – 1,95
Scener ur ett kändisskap – 1,85
Äntligen midsommar! – 1,72
Tomtar och troll – 1,23

Juan “Accidentes” Dominguez is on his biggest case ever. On behalf of twelve Nicaraguan banana workers he is tackling Dole Food in a ground-breaking legal battle for their use of a banned pesticide that was known by the company to cause sterility. Can he beat the giant, or will the corporation get away with it?

In the suspenseful documentary BANANAS!*, filmmaker Fredrik Gertten sheds new light on the global politics of food.

The BANANAS!* DVD is now available in Scandinavia.
UK and US release will follow in 2010.

Order your copy now »
(link to the WG Film shop)

BANANAS!*
Price: 17 Euro

Picture: PAL 16:9 Widescreen
Sound: 5.1 Surround
Length: 87 min + 38 min bonus material
Language: English, Spanish
Subtitles: Swedish, Danish, Finish
Region: 2
Cover: Swedish

Bonus material:

• Interview with Fredrik Gertten from Spegeln cinema, Malmö (in Swedish).
• "Pictures from a banana plantation", 13 min.

Order your copy now »

All BANANAS!* merchandise is handled by the WG Film Shop. The shop is located in Malmö, Sweden and supports payments via credit card and PayPal. Thank you for supporting BANANAS!*

You can also buy posters and T-shirts in the BANANAS!* shop »

Press release:

(Los Angeles, CA) —  After improperly interfering with the Los Angeles premiere this past June of the documentary film BANANAS!* and then attacking the film with a defamation lawsuit, Dole Food Company last week voluntarily dismissed the lawsuit in response to the anti-SLAPP motion filed by the filmmakers and the outrage expressed in Europe and elsewhere over Dole’s lawsuit.  However, director Fredrik Gertten, producer Margarete Jangard and WG Film are asking the court to compel Dole to pay the fees and costs incurred by the filmmakers to defend the lawsuit. 

In addition, the filmmakers announced today that they have decided to withdraw, for now, the counterclaim they had filed against Dole which sought to recover damages suffered by the filmmakers by Dole’s strong-arm tactics in impeding the premiere and distribution of the film.

“We are extremely busy right now with promoting and screening BANANAS!*, which Dole had tried to stop by filing its unfounded lawsuit,” said director Gertten. “Having successfully compelled Dole to end their legal assault on the film, we are now focusing our efforts on getting the film out to the world.  Once we catch our breath from working on overcoming the harm initially caused by Dole’s tactics, we will reevaluate reinstituting our action against Dole.”

Lincoln Bandlow of Lathrop & Gage LLP, attorneys for the filmmakers, added that “the law is clear that Dole cannot file its action, compel defendants to incur significant expense in having to file an anti-SLAPP motion to have the case thrown out, and then just slink away with a voluntary dismissal while the motion is pending and not pay for its actions. The lawsuit should never have been filed – Dole has to pay the price for filing it.  Whether Dole will have to answer for the additional and significant damage it caused the makers of the film to suffer will be a question that may get revisited some other day.” 

BANANAS!* is the non-fiction film centering on the issues surrounding the treatment of banana workers in Nicaragua and covers one of the many lawsuits filed by these workers against Dole and other companies regarding the adverse health effects suffered as a result of the use of the pesticide DBCP in banana fields.  The film was screened in June 2009 at the Los Angeles Film Festival out of competition to sold out audiences even after Dole had tried to stop its screenings. Shortly after the festival, Dole filed a defamation lawsuit against the filmmakers and then last week, withdrew the lawsuit.

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

BANANAS!* is set for competition at Seville European Film Festival and CPH:DOX in Copenhagen. In total, ten international film festivals will screen BANANAS!* this autumn. The world tour includes CMJ in New York, Mostra Internacional de Cinema in Sao Paolo, IDFA in Amsterdam and more.

The schedule for director Fredrik Gertten is tight; he will visit the festivals in New York, Sao Paolo, Copenhagen, Seville, Paris and Amsterdam.

Film festival schedule, October – November 2009:

CMJ Music Marathon & Film Festival
(With director visit)
New York, USA
October 20-24, 2009

Mostra Internacional de Cinema
(With director visit)
Sao Paulo, Brazil
Oct 23 – Nov 5, 2009

M:DOX Film Festival
Malmö, Sweden
October 23-25, 2009

Leeds International Film Festival
Leeds, UK
November 4-22, 2009

CPH:DOX
(In competition / director visit)
Copenhagen, Denmark
November 6-15, 2009

Sevilla Festival de Cine Europeo
(In competition / director visit)
Seville, Spain
November 6-14, 2009

RIDM – Rencontres internationales du documentaire
Montreal, Canada
November 11-21, 2009

Aarhus Filmfestival
Aarhus, Denmark
November 12-15, 2009
(Please note: BANANAS!* screens at the kick-off on Sunday, November 8th!)

Festival Européen des 4 écrans
(With director visit)
Paris, France
November 18-20, 2009

IDFA International Documentary Film Festival
(With director visit)
Amsterdam, Netherlands
November 19-29, 2009

Press release:

WESTLAKE VILLAGE, CALIFORNIA – October 14, 2009 Dole Food Company, Inc. today announced that it is dismissing its defamation lawsuit against filmmakers Fredrik Gertten, Margarete Jangård and WG Film AB in the Los Angeles Superior Court, relating to the film BANANAS!*.

Dole made its decision in light of the free speech concerns being expressed in Sweden, although it continues to believe in the merits of its case. Dole strongly believes in freedom of speech and expression, which are so important in Sweden and the United States.

"While the filmmakers continue to show a film that is fundamentally flawed and contains many false statements we look forward to an open discussion with the filmmakers regarding the content of the film," said C. Michael Carter, Dole’s Executive Vice President and General Counsel.

U.S. Contact: Marty Ordman – Phone: 818-874-4834
Europe Contact: Marie Noelle Fixler – Phone: 33 1 44 17 30 60

Media links:

Dole withdraws lawsuit against Swedish filmmaker
AP, Los Angeles Times, Oct 15

Dole drops BANANAS!* lawsuit
David Landes, The Local, Oct 15

Swedish news papers:

Dole drar tillbaka stämningen
Sydsvenskan, Oct 15

Dole drar tillbaka stämningen mot BANANAS!*
Anders Forsström, Dagens Nyheter, Oct 15

Dole drar tillbaka stämning
Helsingborgs Dagblad, Oct 15

Dole drar tillbaka stämning
Göteborgsposten, Oct 15

Dole drar tillbaka stämning
Svenska Dagbladet. Oct 15

On October 5, the CEO of Swedish hamburger chain Max said that they had stopped selling Dole fruit salads. A blogger had informed them about the lawsuit against BANANAS!*.

“We don’t like Dole’s actions. Suing a filmmaker instead of having a dialogue is despicable,” said Max CEO Richard Bergfors to the Realtid.se news website.

The story spread to news media all over Sweden, and journalists started contacting major food grocers ICA, Coop and Axood for comments. In an interview with Swedish news agency TT, a representative from ICA said that they had contacted Dole and demanded to have a talk about the film and the situation.

Swedish MPs Mats Johansson and Luciano Astudillo, who invited director Fredrik Gertten to screen BANANAS!* in the parliament, have invited representatives from ICA, Coop and Axfood to an informal lunch in relation to a meeting with the Swedish minister of culture. The meeting with be held in the parliament on October 15. Read more about the meeting »

Media links:

Ica, Coop och Axfood i möte om Doles stämning av filmen BANANAS!*
Anders Forsström, DN.se, Oct 13

Max bluffar om Dole-bojkott
Bernt Hermele, Realtid.se, Oct 12

Swedish grocers demand talks with Dole over Bananas!* lawsuit
TT/David Landes, The Local, Oct 7

”Det här är en ganska medveten pr-strategi"
Jens Mikkelsen & Sarah Nylund, Sydsvenskan.se, Oct 6

Swedish burger chain ditches Dole over Bananas!* lawsuit
TT/David Landes, The Local, Oct 6

”Dole uppför sig för djävligt”
Bernt Hermele, Realtid.se, Oct 5

Excerpt from IFJ.org:

The International Federation of Journalists (IFJ) has condemned as "unforgiveable censorship" attempts by the US fruit company, Dole Food, to prevent the release of a documentary film BANANAS!* by Swedish journalist and film maker Fredrik Gertten, which exposes threats to the health of banana plantations workers in Nicaragua.

"The company’s action is designed to legitimise censorship," said Aidan White, IFJ General Secretary. "We condemn the use of law to try to evade media scrutiny and public accountability. It is an unforgiveable violation of free speech."

The IFJ represents over 600,000 journalists in 123 countries worldwide.

Read full article:
IFJ Condemns Attempts by Embattled Food Company to Censor Free Speech in US
IFJ.org, Oct 8, 2009

Related articles on this site:

• Oct 14: Swedish MPs reply to Dole: “we are not impressed”
• Sep 29: ”Dole threatens free speech”
• Sep 2: Reporters Without Borders launches BANANAS!* petition
• Aug 24: German filmmakers warns Dole
• Aug 13: Filmmakers express their support for BANANAS!*

Swedish MPs Mats Johansson and Luciano Astudillo, who invited director Fredrik Gertten to screen BANANAS!* in the parliament, is now raising the question to the Swedish government.

On Thursday, October 15, 1.30 PM, the Swedish minister of culture, Lena Adelsohn Liljeroth, meets with director Fredrik Gertten, free speech lawyer Percy Bratt, and the two MPs to get a deeper insight into the matter.

“The purpose is to inform the minister of culture about our actions and opinions. We have launched a petition among the parliament members where we ask Dole Food to withdraw their lawsuit”, said Mats Johansson to Dagens Nyheter.

”Another issuie is what happens when the film is shown in other countries, where it might be targeted by new lawsuits. The film needs political support from the Swedish government”, said Luciano Astudillo to Dagens Nyheter.

In relation to the meeting, Johansson and Astudillo have also invited representatives from the three largest Swedish food grocers Coop, ICA and Axfood to an informal lunch in the parliament. The aim is to give a clearer picture of why the Swedish parliament has reacted so strongly against Dole’s lawsuit.

Related articles on this site:

• Oct 14: Swedish MPs: “we are not impressed”
• Oct 14: After Max boycott: Swedish grocers demand talks with Dole
• Oct 5: Overwhelming support from the Swedish parliament
• Sep 29: Dole’s letter to Swedish parliament members
• Sep 17: BANANAS!* screening and debate in the Swedish parliament

Parliament members Mats Johansson and Luciano Astudillo invited director Fredrik Gertten to screen BANANAS!* in the Swedish parliament on October 1. The meeting was held, and the response was overwhelming from politicians from left to right. Read more »

Before the meeting, Michael Carter, Executive Vice President of Dole, sent a letter to Johansson and Astudillo. In the letter, Carter provided Dole’s perspective on BANANAS!* and “a more complete understanding, given the October 1 screening”. Read the full letter »

On October 8, Johansson and Astudillo sent a reply to Carter’s letter:

"Dear Michael,

Thanks for your letter of September 28, regarding the Bananas-film.

Regrettably, we have to say that we are not very impressed by the way you are arguing your case. A more civilized way of behaving would be to answer the questions raised by the film in a proper way with a serious intention, rather than attacking Mr Gertten.

It seems clear to us that you are misled by your PR-firm on how to influence Swedish opinion, with a poor understanding of our tradition of free speech during more than two hundred years.  As the saying goes: all business is local. We strongly recommend a change of bureau and tactics, if you are at all interested in the Swedish market. But first and most we urge you – in the name of free speech – to withdraw your lawsuit against Mr Gertten.

Stockholm, October 8, 2009

Mats Johansson, M P for the Conservatives
Luciano Astudillo, M P for the Social Democrats"

Related media links:

“Dole försökte stoppa visningen av banandokumentären i riksdagen”
Andreas Henriksson, Makthavare.se, Oct 7
Includes longer interviews with Johansson and Astudillo. For a translation by Google, click here.

”Gertten får stöd från höger och vänster”
Hedvig Weibull, Sydsvenskan, Oct 2

"Dole gör en slags ekonomisk fatwa"
Anders Forsström, Dagens Nyheter, Oct 1

”Svenska företag kan inte göra som Dole”
Ann Persson, Dagens Nyheter, Oct 1

”Filmen BANANAS!* visas i Riksdagen”
TV4 News, Oct 1

”Därför visades BANANAS!* i riksdagen”
TV4 News, Oct 1

Interview with Fredrik Gertten
SVT News, Oct 1

Interview with Fredrik Gertten and Luciano Astudillo
Gomorron Sverige, SVT, Oct 1

Kulturnyheterna
SVT, Oct 1

"Konsten att skala yttrandefriheten"
Fredrik Robertsson, Helsingborgs Dagblad, Oct 2

”Höstens viktigaste film?”
Miranda Sigander, Expressen.se, Oct 2

"Gerttens film väckte en storm"
Jeanette Gentele, Svenska Dagbladet, Oct 5

Dagens Nyheter (4/5) »
Maaret Koskinen

Sydsvenskan (4/5) »
Michael Tapper

Gomorron Sverige, SVT (4/5) »
Göran Everdahl

Nyhetsmorgon, TV4 (4/5) »
Ronny Svensson

Expressen (4/5) »
Ronnit Hasson

Aftonbladet (4/5) »
Jan-Olov Andersson

Svensk biopremiär den 9:e oktober i följande städer:

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
Västerås, Elektra, Oct 9
Ånge, Folkets hus, Oct 9
Åseda, Folkets hus, Oct 9
Örebro, Roxy, Oct 9
Östersund, Regina, Oct 9

Fler orter, oktober 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

From Dan Koeppel’s blog:

The following is the English text of an article I wrote for Dagens Nyheter, the largest daily newspaper in Sweden. The story is about Dole’s attempt to stop the distribution of “BANANAS!*”, a documentary made by Swedish filmmaker Fredrik Gertten that the banana company believes to be untrue. The film is about lawsuits filed against Dole by Nicaraguan workers claiming to have been injured by the company’s use of a pesticide called Nemagon, or DBCP. In 2007, those workers achieved a partial victory against the banana company – but a follow-up suit was dismissed earlier this year after lawyers for the fruit giant offered evidence that the lawyer for the laborers had falsified information (here’s one of many news accounts about the trial’s denouement.)

In the story, I explain why I find that “evidence” unconvincing – and why Dole’s suit has roots not just in a century of  banana industry history, but also in a business model that persists to this day.

Read the article »

American writer Dan Koeppel has written articles for New York Times Magazine and Popular Science. He appears regularly in National Geographic Adventure.

Don’t miss Koeppels book on the banana industy: ”Banana. The Fate of the Fruit That Changed the World” (Hudson Street Press, 2007).

Free speech lawyer Percy Bratt and director Fredrik Gertten. Photo by Olof Lavesson.

BANANAS!* was screened in a fully booked meeting room in the Swedish parliament on October 1. The will to defend free speech was overwhelming from politicians from left to right.

After the screening, parliament members Mats Johansson (m) and Luciano Astudillo (s) launched a cross-party petition, collecting names in the Parliament. In the petition they are asking Dole to withdraw their lawsuit.

In an interview with Dagens Nyheter, Mats Johansson said (our translation):
"We hope that all parliament members will sign the petition. /…/ If Dole succeeds in this lawsuit, it may set a precedent, making it possible to ban films through court proceedings. /…/ Today, there are no laws that would support a Swedish company to act like Dole."

In an interview with Sydsvenskan, Luciano Astudillo said (our translation):
“We have repeatedly defended free speech when governments repress its citizens, but it’s equally important to react when companies try to restrict free speech through their financial muscles.”

The panel after the screening included Gertten, Astudillo, Johansson and Percy Bratt, a free speech lawyer and chairman of The Swedish Helsinki Committee. In an interview with Dagens Nyheter, Bratt said (our translation):
“This film provides a voice to people with no economic means in their criticism of a large company. In addition, the controversy around the film lies in the core of free speech, a sacred part of the Swedish constitution, something that all politicians, lawyers and journalists must support. It’s not just empty rhetoric on my part. We can not accept filmmakers to be silenced in this way.”

In an interview with SVT News, Fredrik Gertten said:
“The fact that the parliament is screening this film is an important symbolic gesture. We often take freedom of speech for granted, but obvious things must also be defined and formulated. The parliament members who took the initiative to this screening are doing just that, they are formulating why it is important to defend this movie. And I am incredibly happy about that.”

Media links about the screening (in Swedish):

"Dole försökte stoppa visningen av banandokumentären i riksdagen"
Andreas Henriksson, Makthavare.se, Oct 7

”Gertten får stöd från höger och vänster”
Hedvig Weibull, Sydsvenskan, Oct 2

"Dole gör en slags ekonomisk fatwa"
Anders Forsström, Dagens Nyheter, Oct 1

”Svenska företag kan inte göra som Dole”
Ann Persson, Dagens Nyheter, Oct 1

”Filmen BANANAS!* visas i Riksdagen”
TV4 News, Oct 1

”Därför visades BANANAS!* i riksdagen”
TV4 News, Oct 1

Interview with Fredrik Gertten
SVT News, Oct 1

Interview with Fredrik Gertten and Luciano Astudillo
Gomorron Sverige, SVT, Oct 1

Kulturnyheterna
SVT, Oct 1

"Konsten att skala yttrandefriheten"
Fredrik Robertsson, Helsingborgs Dagblad, Oct 2

”Höstens viktigaste film?”
Miranda Sigander, Expressen.se, Oct 2

"Gerttens film väckte en storm"
Jeanette Gentele, Svenska Dagbladet, Oct 5

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)

Thomas Frickel, CEO of The German Documentary Association (AG DOK), has sent a letter to Dole CEO David DeLorenzo and European CEO Jean-Christophe Juilliard. On behalf of AG DOK, he strongly criticizes Dole’s attempts to silence BANANAS!*, and demand that they immediately cease their attack on the film and the freedom of information. Otherwise, he will officially ask the 850 members of AG DOK to use their contacts and resources to produce critical films and news reports about Dole and its methods. Read the full letter below.

To:

Jean-Christophe Juilliard
CEO / Directeur Général Europe de Dole

David DeLorenzo
President and CEO
Dole Food Company, Inc.

Frankfurt, August 17th, 2009

Dear Sirs,

We, the members of the German Documentary Association, are outraged at how your company is pressuring the independent Swedish production company WG Film in order to prevent the exhibition and distribution of the film “Bananas”.

We view your company’s actions as an attack on the freedom of the press and the freedom of expression which are an intrinsic part of any open society. This is absolutely unacceptable. Your attempts to pressurize film festival sponsors and to ruin a small film production company by burying it in lawsuits are both shabby and transparent. These Machiavellian methods only serve to harm your company’s reputation beyond repair.

The German Documentary Association – Germany’s largest professional film organization numbering more than 850 documentary filmmakers, directors and producers – demands that you immediately cease your attacks on the freedom of information as well as stop your company’s inhuman practices in Latin America which the film “Bananas” criticizes. Otherwise we will officially ask our members to use their excellent contacts to national and international television stations to produce critical films and news reports scrutinizing Dole and its methods. Furthermore, we will ask our partner organizations throughout Europe to encourage their journalists and filmmakers to join our campaign. Many of our journalist and film colleagues are well connected with numerous NGOs which are very experienced in organizing and running boycott campaigns. I can’t imagine that all this would be in your best interest.

We anxiously await your response.

Sincerely,

Thomas Frickel
Chairman and CEO – German Documentary Association / AG DOK

• Download the scanned letter in PDF »

During the first weekend of August, BANANAS!* was screened for the first time in Sweden at Båstad Film Festival. “The reactions are very strong, the response is great and the discussions are intense”, Gertten said to Swedish newspaper Sydsvenskan.

In the Sydsvenskan article, several internationally acclaimed documentary filmmakers expressed their support to director Fredrik Gertten and BANANAS!*.

British filmmaker Kim Longinotto wrote in an email to Sydsvenskan: “I hope they don’t succeed in silencing [Gertten]. These large companies are accustomed to getting their will through. Therefore, it’s inspiring for the rest of us when someone dares to stand up and question their actions. /…/ The fact that a powerful multinational corporation is trying to discourage the filmmaker illustrates the power of this film. Fredrik has scared them.” (Our translation).

Austrian filmmaker Hubert Sauper, familiar to similar controversy following his Academy Award nominated film “Darwin’s nightmare”, also expressed his support and were quoted writing: “We must organize ourselves as filmmakers. /…/ I would use this opportunity to turn Dole’s actions against them. I believe that the public are informed enough to see through their way of dealing with criticism. /…/ Even though I havn’t seen [Gertten’s] film, I support him morally.” (Our translation).

Another filmmaker, American Robert Kenner, is currently attracting a lot of attention in the U.S with his film “Food Inc.” which takes a close look at the American food industry.

“What is happening with Fredrik Gertten and his film is a major concern. /../ When I started making ‘Food Inc.’, I had no idea how far corporations were willing to go to prevent the public from finding out where our food comes from. It’s alarming how much power they have to keep us uninformed. When transparency is lost, we are all in danger”, Kenner wrote to Sydsvenskan (our translation).

• Read the original Sydsvenskan article (in Swedish) »
• Sydsvenskan article translated by Google translate »

WG Film, Fredrik Gertten and Margarete Jangard, producers of the documentary film BANANAS!*, have retained First Amendment specialist Lincoln Bandlow of Lathrop & Gage to defend a defamation action brought against them by Dole Food Company. 

The Documentary examines global food politics through the vehicle of a Los Angeles civil lawsuit brought by Nicaraguan banana farm workers against Dole. Bandlow says that the filmmakers "will vigorously respond to Dole’s meritless action and will demonstrate that the lawsuit is simply one part of Dole’s overall strategy to stifle debate about an issue of great public importance." 

Bandlow added that the film gives a balanced account of claims that Dole’s use of the pesticide DBCP caused banana workers to become sterile. "The documentary shows both sides of the story, including the tough cross examination of the workers and the later holding by the court that the action was tainted by fraud on the part of some of the workers’ counsel. It is apparent that Dole hopes to leverage the misconduct of certain of the workers’ counsel to stifle the film and, in particular, its discussion of evidence that Dole continued to use DBCP in Nicaragua after being informed by the pesticide’s supplier of its risk to worker health", adds Bandlow.

The film, which to date has been shown only twice at the June 2009 Los Angeles Film Festival, where there was detailed discussion both before and after the running of the film about the controversy over the recent finding of fraud by the workers’ counsel, is scheduled for broader release this fall.  "Dole does not want that release to happen because it wants discussion about its DBCP practices to simply go away. We are confident the court will not allow Dole to use this meritless lawsuit to accomplish that goal", said Bandlow.

For information and press enquiries, please contact:
Lincoln Bandlow, Esq.
Phone: +01 310 789 4600
lbandlow@lathropgage.com

July 9, 2009 –  Late Wednesday afternoon,  Fredrik Gertten, Margarete Jangard and WG Film, the filmmaker and producers of the documentary feature film, BANANAS!* were sued by Dole Food Company, Inc. for the screening of the film. The lawsuit claims that the film BANANAS!* – a court room documentary – is defamatory and false toward Dole Food Corporation.

Through their lawyer, Richard J. Lee, Esq. of Lee and Lawless, the filmmakers and WG Film issued a statement.  Richard J. Lee said today: 

"My clients and I believe that this suit is without merit and represents the latest in a continued line of intimidating harassment by a multinational corporation aimed squarely at a small, independent film and its filmmakers.

It is unfortunate that rather than concentrate its resources toward genuinely addressing the acts it admitted to, and was found liable of committing as covered in the film, Dole instead chooses to stifle even basic discussion by attempting to silence the messenger of a message it dislikes.

Moreover, it is appalling that through this action, Dole is attempting to shift the focus away from its own CEO’s court admission that Dole continued the usage of a banned pesticide even after being informed of its harm by its manufacturer Dow Chemicals, and now on to WG Film which captured that moment on film.

It is important to note that Dole committed to suing WG Film without seeing the film.

Dole has touted a judge’s later finding against one of the attorneys in the case shown in the film which did not in fact exonerate Dole or its actions in Nicaragua.

In all screenings of the film which have occurred to date we have disclosed the judge’s findings and put the trial fully in context with events which happened after the completion of this documentary."

Just a few weeks ago, BANANAS!* screened twice out of competition as a special screening at the recent Los Angeles Film Festival.  Dole had sought a court order to block the film’s screening prior to the Festival’s opening in June 2009.

However, Judge Victoria Chaney who presided over that hearing stated to the Dole legal team and the entire courtroom:

“Just so we are clear, I am not in any way going to make, and I will not consider, any request for prior restraint on free speech.  Okay?  So, don’t ask me to go try and contact the film company.  I don’t have jurisdiction over them. But even if I did, don’t ask me for it.” 

BANANAS!* is produced by WG Film  based in Malmö, Sweden, which has also produced notable documentaries including BURMA VJ and FINAL IMAGE.

Download the full defamation complaint (PDF) »
Download this press release (PDF) »

A little totally BANANAS!* film from the panel after the second screening at the Los Angeles Film Festival on June 23. Look out, in the end Juan Dominguez’s brother surprises us all with a speech.

In the film you see:
– Michael Donaldson, legal advicer to the festival and panel moderator. Also the writer of the disclaimer.
– Fredrik Gertten, filmmaker.
– Eddie Schmidt, Board President of the International Documentary Association (IDA)
– Audience, no name
– Audience: Carlos M. Dominguez, the brother of Juan Dominguez. Carlos is a high school history and psychology teacher.

After the screenings of BANANAS!* on the Los Angeles Film Festival in June, Dole’s lawyer firm Gibson, Dunn & Crutcher LPP demanded the festival to send them all business records pertaining to BANANAS!*.

We think that this would truly hurt the integrity of the organization, as the supporter of the independent filmmaker, and of free speech.

Below is a letter sent to festival director Dawn Hudson from BANANAS!* director Fredrik Gertten, where he asks the festival not to cede to the demands of the subpoena:

July 1, 2009

Dawn Hudson
Executive Director
Film Independent
Los Angeles CA

Dear Dawn Hudson and Film Independent Board of Directors:

RE: Subpoena from Gibson, Dunn & Crutcher LPP dated 13 June 2009

We wanted to express our thanks to you for showing our film BANANAS!* at the recent Los Angeles Film Festival. As we were all under pressure amidst the controversy, we were pleased that you went ahead and screened the film.

We now understand that Dole Food has subpoenaed Film Independent for business records pertaining to our film BANANAS!*. We respectfully urge you to reject this act of blatant intimidation, and ask you to please not assist Dole Foods and their legal representatives in attacking out film and filmmaker team.

To cede to the demands of the subpoena without fighting them would truly hurt the integrity of the organization as the supporter of the independent filmmaker, and of free speech. Further, this could very well set a dangerous precedent in how outside parties handle legal actions toward films presented at the Los Angeles Film Festival and films associated with Film Independent.

As you know Dole attacked the film early on without seeing it. As more professionals and general audiences were able to view the film, many saw Dole’s counter campaign antics clearly as the intimidation tactics that they were and continue to be.

Between both our organization and yours, we collectively have strong contacts in the global, independent production community, and we intend to rally this support for our cause. We would like to talk with you at your earliest opportunity on how we can work together in fighting this subpoena.

Thank you for all your support, and we look forward to moving ahead together to stop these unwarranted attacks on us the filmmakers, and on Film Independent.

Sincerely,
Fredrik Gertten

Download the letter in PDF »

Los Angeles actor/writer, Tim Coyne, interviews Fredrik Gertten, director of BANANAS!*. Running time 23:25:

Listen to the interview at Hollywood Podcast »

Download the mp3 file »
(right click, "save link as")

Film Independent (FIND) director Dawn Hudson read a statement prior to the screening of BANANAS!* on June 20. It was also handed out to the audience.

"Before you watch this film, you need to know that serious questions have been raised about its credibility.

The judge specifically mentions in her ruling that the witnesses you will see in the film tonight (from the Tellez trial) lied under oath, presented false employment records, and presented fraudulent evidence of sterility.

The court has referred Juan Dominguez to the State Bar and to criminal prosecutors. He is defending all charges against him.

None of this is reflected in the film you are about to see. As a reult, there seems to be little question that the version of reality that the film portrays does not match the reality that emerged in the courtroom.

So why is the Los Angeles Film Festival showing this film when the allegations presented have been found by an LA Superior Court judge to be based on fraudulent evidence?

This is a question that we at Film Independent and the Los Angeles Film Festival (LAFF) have been wrestling with for the past several days – not the least because there is the threat of litigation if we go forward with the screening.

We are not eager to be sued. Nor, given what we know, do we believe that BANANAS!* – in its present form – presents a fair or accurate portrait of Juan Dominguez and the Tellez trial.

This is why we are showing this film – out of competition – as a case study, to illuminate a timely exploration of what makes (and doesn’t make) a responsible documentary."

Read the full statement »

Watch director Fredrik Gertten’s speech before the screening »

Also see AJ Schnack’s blog post and its comments:
"What is the Documentarian’s Responsibility When the Story Changes?" »

On June 22, Luciano Astudillo, a member of the Swedish parliament and the Social Democratic Party sent a public letter to the Swedish Minister for Foreign Affairs, Carl Bildt.

(Our translation):

An American transnational is trying to stop a Swedish documentary

By Luciano Astudillo (s)
To: Minister for Foreign Affairs, Carl Bildt (m)

The Swedish journalist and filmmaker Fredrik Gertten has produced a documentary, BANANAS!*, which was screened at the Los Angeles Film Festival in June. The film depicts how Nicaraguan workers claim they were poisoned by pesticides used by Dole Food Co. on banana plantations during the 1970s.

Even before the premiere, Dole tried to stop the film from screening at the LA Film Festival and has threatened to sue the film company, since Dole thinks it contains false facts. In their efforts to try and stop the film, Dole initially turned to the Swedish Consulate General in Los Angeles, which led to the cancelling of a planned reception. Then Dole contacted the Swedish Ambassador in Washington D.C and demanded the film to be stopped from screening.

Thus, my question to the Minister for Foreign Affairs is:

Does the Minister for Foreign Affairs intend to, in an appropriate way, protest against the fact that an American transnational corporation uses Swedish government authorities to stop the screening of a Swedish documentary? And in that case, how does the Minister for Foreign Affairs intend to act?

Dole’s lawyers attended the BANANAS!* premiere on June 20. They did not like what they saw, and sent another letter:

• Letter from Gibson, Dunn & Crutcher (Dole)
  June 23, 2009

Read the other letters »

Before the screening of BANANAS!* on June 20, the executive director of Film Independent, Dawn Hudson, read a statement why the film was removed from competition. BANANAS!* director Fredrik Gertten then held a speech about the importance of free speech and the balance between different voices. This video shows the tense last minutes just before the screening.

If you do a search on the term “DBCP” on google.com, Dole shows up in the “sponsored links” sidebar. They are paying Google to be on top of the search results when users are trying to find information about DBCP. When you click on the sponsored link, you end up here.

The page serves as Dole’s resource for information in DBCP related court cases. The latest addition is a video response to the BANANAS!* trailer, where they provide their view of the recent event.

Just before the screening at the LA Film Festival, director Fredrik Gertten held a speech. He also screened Dole’s trailer. He did this to prove that all voices are being heard, and to show the importance of free speech, regardless of side, opinion or message.

Google’s sponsored links are often embedded on other sites, and on Vimeo.com, the host of the BANANAS!* trailer, Dole’s DBCP link is also showing up. There is nothing wrong with that. As Gertten said:

“I believe in democracy and I believe in the free word, and I believe there is a balance in a society between different voices. /…/ There is room for everybody in a talk about things that happens in our society, and I think it should also be room for independent films.”

Dear friends, a little update from a turbulent Los Angeles.

Two hours and twenty minutes before the screening we got the green light from the festival board. It was not an easy move for them, but we left it in their hands and the festival did they right thing. We are grateful for that.

At least ten people from Dole were in the audience, taking notes. The audience loved the film. The debate was insane, but we did well. The sympathy fell on our side.

We are very grateful for all the support from you! On this site and in the facebook group.

The second and final chance to see BANANAS!* on the Los Angeles Film Festival will be on Tuesday, June 23, 2009 at 9:15 PM at The Landmark at the Westside Pavillion.

For updated screening times and ticket information, please visit: www.lafilmfest.com/2009

From the press release:

“BANANAS!*,” filmmaker Fredrik Gertten’s suspenseful, controversial, non-fiction chronicle on the global politics of food and First vs. Third world dynamics, will be presented in special screenings as a Case Study at the 2009 Los Angeles Film Festival on June 20 and June 23, 2009 in Westwood.

Directed by Gertten, one of Sweden’s preeminent documentarians and investigative journalists, “BANANAS!*” focuses on a slippery fact trail and a landmark legal case pitting a dozen Nicaraguan plantation workers against Dole Food Co., Inc. and its alleged usage of a deadly banned pesticide and its probable link to generations of sterilized workers.

The film has been recently attacked by Dole Food Co., Inc. and the Los Angeles Business Journal as not being fact based.  To date, neither Dole, its legal counsel nor the Los Angeles Business Journal have seen the film.  In addition, Dole and its attorneys from Gibson, Dunn & Crutcher have sought to stop the film from being screened at the Festival.  On May 8, the attorneys went to court seeking stoppage Judge Victoria Chaney.

Judge Chaney responded to the request in court on that day by stating: “Just so we are clear, I am not in any way going to make, and I will not consider, any request for prior restraint on free speech. Okay?  So, don’t ask me to go try and contact the film company. I don’t have jurisdiction over them. But even if I did, don’t ask me for it.” 

Even after receiving this response from the court, Dole and its attorneys began attacking the film through “cease and desist” threatening letters sent to WG Films and ITVS – the US production company.  In addition, they sent letters directly to the Swedish Ambassador to the United States in DC and the Consul General of Sweden in Los Angeles seeking assistance to prevent the film from screening.

As the attacks escalated on the film, “BANANAS!*” was moved out of competition and now will screen in a special Case Study screening slot where the film will be presented together with a special post-screening discussion with the filmmaker.  The discussion will center on the documentary filmmaking theme of what happens when a film is finished and new developments come to light, along with what then, are the rights and responsibilities of filmmakers?

Filmmaker Fredrik Gertten responds to the film’s critics stating: “My film, BANANAS!* follows this first historic court case in Los Angeles Superior Court. The film ends with a verdict from the jury.  And now, that verdict is under appeal.  The recent hearing of April 21 and 23, 2009 happened at a moment after the film was delivered to all broadcasters and to the festival.  Because of this new development, we did make a change in the end title cards which updated the audiences as to Judge Chaney’s new rulings.”

“This film is still valid and is still the truth about what happened,” adds Gertten.  “I think Dole Foods will be surprised after watching it. They are probably expecting a hard-hitting activist film. It’s not that film. We follow a court drama – an important historic case. If the workers win, it will mean a lot for other workers in the world who claim that they have been abused. Dole and other big corporations have all the best reasons to fight that. But, I think they should do that in an open debate, not by threatening a film or a film festival and a filmmaker.”

Gertten also adds:  “In answer to the question of whether my film is fraudulent, I cannot see that it is.  Everything I filmed is the truth and how this all played out during this trial.  The most important evidence in the case is a letter between Standard Fruit Company (now DOLE) and Dow Chemicals. This is hard evidence and was not something that I made up.”

With regard to one of the film’s lead characters, Juan Dominguez, – the Los Angeles based attorney who brought the trial to Los Angeles and who is now accused of fraud in the trial, Gertten says: “The accusations against Juan Dominguez are serious and I understand that.  I look forward to following this case as it develops. Thus far, though, he has only been accused.”

“As a journalist and a filmmaker, I only want to bring the truth to the surface so that the public can know and can dialogue about events that impact them,“ comments Gertten.  “Having Bananas!* now in the public and being able to discuss and to defend my film will be a great thing for all of us involved.  No more threats. No more name calling or accusations – but actually discussing.  I am proud that my film will be screening at the Los Angeles Film Festival and I look forward to these discussions.”

BANANAS!* will be screened at the Los Angeles Film Festival as follows: 

• Saturday, June 20, 2009 at 7:30 PM at the UCLA James Bridges Theatre
• Tuesday, June 23, 2009 at 9:15 PM at The Landmark at the Westside Pavillion. 

Fredrik Gertten will also be the featured filmmaker at the Filmmaker Lunch Talks on Monday, June 22 at 12:30 PM at the Zone Perfect live.create.lounge. 

For updated screening times and ticket information, please visit: www.lafilmfest.com/2009

For more information, please contact:
David Magdael & Associates – Los Angeles
Winston Emano, wemano@tcdm-associates.com
David Magdael, dmagdael@tcdm-associates.com

BANANAS!* is produced by Malmö Sweden-based WG Film and producer Margarete Jangård in co-production with Magic Hour Films (Denmark), ITVS International; Film i Skåne, SVT and Swedish Television (Sweden); with support from The Sundance Documentary Fund, The Swedish Film Institute; Danish Film Institute, Nordisk Film and TV Fond, ZDF/ARTE (Germany/France), YLE (Finland), NRK (Norway), TSR (Switzerland), VPRO (The Netherlands) and Odisea (Spain/Portugal).

Download this press release (PDF) »

As you may have heard, our film has been under a microscope.

The Los Angeles Business Journal, in an article in their June 8 edition, cited the following headline “Legal: Documentary on lawyer needs fact-check”.

Unfortunately, the LA Business Journal could not have fact checked their own article let alone the film, because they haven’t seen it.

In fact to date, no one from Dole, Dole’s lawyers – Gibson, Dunn & Crutcher LLP – or the Los Angeles Business Journal have actually seen the film. Their comments are based on pure speculation.

Judge Chaney responded directly to the lawyers and the court when Gibson, Dunn & Crutcher, LLP went to her court on May 8 to stop my film from being shown. 

On that day in her court and in regard to the film, Judge Chaney stated to those present: “Just so we are clear, I am not in any way going to make, and I will not consider, any request for prior restraint on free speech.  Okay?  So, don’t ask me to go try and contact the film company.  I don’t have jurisdiction over them.  But even if I did, don’t ask me for it.” 

As they were unsuccessful with Judge Chaney, Dole’s lawyers started writing letters to us, our US partner ITVS, the Los Angeles Film Festival, and the LA Film Festival’s corporate sponsors, demanding that we ‘cease and desist’ plans to screen the film on June 20 at the Festival, and anywhere else in the world.

Dole’s team is now moving on to yet another strategy and have contacted the Swedish Consulate in LA and the Swedish Ambassador to the US in Washington, asking them to help stop the film.

To date they have succeeded in getting the Legal Aid Foundation of Los Angeles (LAFLA) to pull out of ‘co-hosting’ the film’s opening night at the Festival.  However, a lawyer from Gibson, Dunn & Crutcher serves on the board of directors of the LAFLA.

All the partners in our film stand by BANANAS!* 100%. 

The filmmaking team behind BANANAS!*has decades of experience in the documentary industry.  Additionally, I have served as an international journalist for 25 years for the Swedish media.

It is important for all those interested in documentary – filmmakers and those who love the form – to stay focused on the facts. To that end we’ve added some of the letters referenced above onto our site for your perusal.  You can find them in the bottom of this post. Please log on regularly for the latest updates, and we look forward to sharing our opening with those of you at the Los Angeles Film Festival on June 20 and 23.

Yours truly,

Fredrik Gertten
Director

Join the BANANAS!* Facebook group »
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The letters from Dole and our replies (PDF):

• Letter from Gibson, Dunn & Crutcher (Dole), May 8, 2009
• Reply from Lee & Lawless (WG Film), May 15, 2009

• Letter from Gibson, Dunn & Crutcher (Dole), May 14, 2009
• Reply from Lee & Lawless (WG Film), May 28, 2009

• Letter from Gibson, Dunn & Crutcher (Dole) to the Swedish Ambassador, June 5, 2009

From the press release:

BANANAS!*, filmmaker Fredrik Gertten’s suspenseful, layer-peeling, non-fiction chronicle on the global politics of food and First vs. Third world dynamics, will be presented in special spotlight screenings at the 2009 Los Angeles Film Festival on June 20 and June 23, 2009 in Westwood.

Directed by Gertten, one of Sweden’s preeminent documentarians and investigative journalists, BANANAS!* focuses on a slippery fact trail and a landmark legal case pitting a dozen Nicaraguan plantation workers against Dole Food Corporation and its alleged usage of a deadly banned pesticide and its probable link to generations of sterilized workers.

Central to both the film and case is Juan “Accidentes” Dominguez, a Los Angeles-based personal injury attorney who, although iconic within the Latino community for his ubiquitous billboard ads, is unquestionably facing the biggest case and challenge in his career.

As the legal representation on the first Nicaraguan sterility case to be tried in US courts, Dominguez and his colleague, Duane C. Miller, are breaking new ground. Theirs is a bellwether case: The first of thousands of cases awaiting trial in Nicaragua and the first legal case where foreign farm workers were allowed to testify against an American multinational corporation before a full jury on U.S. soil. At stake are the futures of generations of workers, their families as well as the culture of global, multinational business.

“I’m beyond thrilled to have my film as a spotlight screening at the Los Angeles Film Festival,” said the Sweden-based Gertten. “Los Angeles is so central to the story. (The festival) is top notch and the fact that the actual case and the film’s lead subject (Dominguez) take place and are based in L.A. makes it that much more fitting.”

BANANAS!* is produced by Malmö Sweden-based WG Film and producer Margarete Jangård in co-production with Magic Hour Films (Denmark), ITVS International; Film i Skåne, SVT and Swedish Television(Sweden); with support from The Sundance Documentary Fund, The Swedish Film Institute; Danish Film Institute, Nordisk Film and TV Fond, ZDF/ARTE (Germany/France), YLE (Finland), NRK (Norway), TSR (Switzerland), VPRO (The Netherlands) and Odisea (Spain/Portugal).

For updated screening times and ticket information, please visit: www.lafilmfest.com/2009.

For more information, please contact:
David Magdael & Associates – Los Angeles
Winston Emano, wemano@tcdm-associates.com
David Magdael, dmagdael@tcdm-associates.com

Download this press release (PDF) »