Grappling with the Gray
Are you ethical? Join Rabbi Yonason Goldson and his panel of thinkers as they grapple with a new ethical challenge each week. Only by contemplating all sides and every angle can we improve ethical decision-making, build more trusting relationships, and help create a more ethical world.
Grappling with the Gray
Grappling with the Gray #145: Artistic license or defamation?
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How far must we go to anticipate unintended consequences?
That's the question that drives the conversation when Stewart Wiggins, Peter Winick, and K Kimi Hirotsu Ziemski join the ethics panel to Grapple with the Gray.
Here is our topic:
Have you ever watched a movie “based on a true story”? How about “inspired by true events”?
Two Miami police officers were deeply uninspired by Matt Damon and Ben Affleck’s recent movie, The Rip. In fact, they are suing the actors' production company, Artists Equity.
The film does not mention officers Jason Smith and Jonathan Santana by name. Nevertheless, they claim that colleagues and family members have recognized them from the film’s portrayal, and that they have suffered "substantial harm to their personal and professional reputations [from implied] misconduct, poor judgment, and unethical behavior in connection with a real law enforcement operation."
The lawsuit claims that the "the film's use of unique, non-generic details” points clearly to the plaintiffs. By opening with text, “inspired by true events,” the producers become culpable for defamation by including a non-factual narrative of corruption, graft, and murder. The plaintiff’s claim intentional infliction of emotional distress as well.
Whether the case has merit from a legal standpoint is not our discussion here. But to what extent are filmmakers responsible for implications and innuendo that might lead to reputational damage?
If, as the plaintiffs claim, they have been identified from the film by colleagues and family members, is that not “defamation by implication” as the claim suggests? Or are they drawing more attention to themselves through the lawsuit, which many commenters see as frivolous and opportunistic?
Meet this week’s panel:
Stewart Wiggins joins us from Paris. He is Chief Advisor at Induna Advisors, working to significantly increase company revenue by developing positive client reports and establishing solid business relationships.
Peter Winick works with individuals and organizations to build and grow revenue streams through their thought leadership platforms and is host of the Leveraging Thought Leadership podcast.
Kimi Hirotsu Ziemski is Founder of KSP Partnership, providing project management and project leadership courses and workshops to improve team dynamics and communications.