Bill Moyers and Others on Protecting Journalists' Sources and Whistleblowers

By John Ballard

Chevron is not taking this without fighting back.

Last Thursday Judge Lewis A. Kaplan of United States District Court in New York granted a petition by Chevron seeking a subpoena for more than 600 hours of footage shot by Mr. Berlinger for �Crude.� The film chronicles the Ecuadorians who sued Texaco (now owned by Chevron) saying that the operations at its oil field at Lago Agrio contaminated their water. Chevron has said that Mr. Berlinger�s footage could be helpful to the company as it seeks to have the litigation dismissed and pursues arbitration related to the lawsuit.

Bill Moyers comments...

Some of the issues and nuances of Berlinger's case are admittedly complex, but they all boil down to this: Chevron is trying to avoid responsibility and hopes to find in the unused footage - material the filmmaker did not utilize in the final version of his documentary - evidence helpful to the company in fending off potential damages of $27.3 billion.

This is a serious matter for reporters, filmmakers and frankly, everyone else. Tough, investigative reporting without fear or favor - already under siege by severe cutbacks and the shutdown of newspapers and other media outlets - is vital to the public awareness and understanding essential to a democracy. As Michael Moore put it, "The chilling effect of this is, [to] someone like me, if something like this is upheld, the next whistleblower at the next corporation is going to think twice about showing me some documents if that information has to be turned over to the corporation that they're working for."

In an open letter on Joe Berlinger's behalf, signed by many in the non-fiction film business (including the two of us), the Independent Documentary Association described Chevron's case as a "fishing expedition" and wrote that, "At the heart of journalism lies the trust between the interviewer and his or her subject. Individuals who agree to be interviewed by the news media are often putting themselves at great risk, especially in the case of television news and documentary film where the subject's identity and voice are presented in the final report.

"If witnesses sense that their entire interviews will be scrutinized by attorneys and examined in courtrooms they will undoubtedly speak less freely. This ruling surely will have a crippling effect on the work of investigative journalists everywhere, should it stand."

Just so. With certain exceptions, the courts have considered outtakes of a film to be the equivalent of a reporter's notebook, to be shielded from the scrutiny of others. If we - reporters, journalists, filmmakers - are required to turn research, transcripts and outtakes over to a government or a corporation - or to one party in a lawsuit - the whole integrity of the process of journalism is in jeopardy; no one will talk to us.

Many journalists and film-makers are coming to the defense of Joe Berlinger, the director of �Crude,� but this little snip at Moyers' place caught my eye.

Have you read, by the way, that after the surviving, dazed and frightened workers were evacuated from that burning platform, they were met by lawyers from the drilling giant Transocean with forms to sign stating they had not been injured and had no first-hand knowledge of what had happened?! So much for the corporate soul.