Pig
Business is an expose of US industrial pig farming conglomerate
Smithfield Foods. It has met with repeated attempts at censorship by the
company's lawyers.
Filmmaker Tracy Worcester explains how England's libel laws have
helped stall the film's general release, and stopped the world learning
more about the environmental realities of intensive livestock rearing.
After a showing of my film, Pig Business, at the
Royal Society of Arts on 13th November 2008, Channel 4, which was
scheduled to broadcast the film in the New Year, received two letters
from lawyers acting for the main focus in the film, Smithfield Foods of
America, the world's biggest pig producer and processor.
Fearing the legal might of a $12 billion company threatening to sue,
Channel 4 pulled my film just before broadcast on February 3rd 2009. To
prepare for the worst, Channel 4 made changes to accord with England's
business-friendly libel laws and the UK TV's fairness standards,
administered by OFCOM. Despite a further two threatening letters,
Channel 4 broadcast the film on its More 4 channel on June 30th.
In the US, the Constitution's First Amendment enshrines free speech as a
right. So, if you allege in good faith that a public company is causing
harm, as long as the allegations are not made maliciously, the company
has to prove that it has not caused the harm. In England however, the
burden of proof is reversed. The person making the allegation has to
prove their case with scientific analyses, court judgments or credible
witnesses.
Not even the tabloids are immune from
Smithfield's threatening letters: both The Daily Mail and The Evening
Standard have received warning letters for reporting about the film.
On the day of a showing at the Barbican arts
centre in London on 27 May 2009, Smithfield's lawyers told the
Barbican's management that the film was 'defamatory'. As a result, the
audience was made to wait half an hour while the executive producer and
myself were told that the showing would only go ahead if we signed a
document agreeing to indemnify the Barbican.
Putting it on my website would apparently expose me to Smithfield's
litigation in every jurisdiction. So the message will have to be spread
guerrilla-style - i.e. below Smithfield's radar. For another nine days,
the film will be on Channel 4's web site. It is also available free of
charge to anyone who wishes to give a private screening.
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