Washington, D.C. — Producers of the documentary Retrograde, which chronicles the concluding months of the United States’ two-decade involvement in Afghanistan, are invoking First Amendment rights in response to a lawsuit regarding the death of one of its featured subjects. The lawsuit alleges that the Taliban tracked and killed Omar, an Afghan minesweeper, after he appeared in the documentary.
Omar was part of a group tasked with ensuring the safety of Green Berets and was depicted in a segment expressing fears of Taliban retribution upon his return to civilian life. A clip from this part of the film gained rapid traction on social media, particularly TikTok, in Afghanistan.
Earlier this year, Omar’s family, including his wife and child who were evacuated from Afghanistan, filed a wrongful death and negligence suit against Disney and director Matthew Heineman’s Our Time Projects. They argue that the creators exploited Omar’s identity for commercial purposes while recklessly endangering his life and failing to follow established safety protocols in war zone documentary filmmaking.
This case raises complex issues surrounding the ethical responsibilities of journalists and filmmakers in balancing compelling storytelling with the safety of subjects who cooperate in such projects.
In a legal filing, Our Time contends it was exercising its right to free expression in documenting a critical moment in U.S. history: the withdrawal from Afghanistan, which marked the end of the longest war the country has ever engaged in.
Retrograde delves into the aftermath of the U.S. military’s exit from Afghanistan. The transition allowed the Taliban to access documents from the previous government, leading to the deaths of numerous Afghans who aided U.S. forces. The documentary is noteworthy for having unique access to embed with the military during this period and received approval for release from military officials.
The film captures the unfolding crisis in Afghanistan through intimate footage, aiming to illustrate the gravity of the U.S. military’s departure and its consequences for those left behind. Nicholas Jampol, a lawyer for Our Time, argued that the documentary exemplifies protected war zone reporting.
Producers of Retrograde assert that holding filmmakers accountable for the actions of external entities, such as the Taliban, could deter future documentary work during wartime, ultimately reducing transparency about governmental decisions.
A pivotal contention in the lawsuit is whether the filmmakers should have blurred Omar’s face in the documentary. Our Time maintains there was no obligation to do so, even if promises of anonymity were made. They also state that they secured consent from Omar and all other military personnel and affiliates filmed.
While Omar’s estate claims his identification by the Taliban stemmed from the documentary, producers insist he was located through various means, including military records and intelligence that tracked many Afghan individuals who were killed for their association with U.S. forces.
Following concerns regarding the documentary’s impact on its subjects, National Geographic removed Retrograde from its platforms last year, and the title has since disappeared from streaming services like Disney+ and Hulu. Furthermore, the Radio Television Digital News Association rescinded an award previously given to the documentary after receiving further insights into its production process.
This unfolding situation encapsulates the ongoing challenge of addressing the safety of individuals featured in newsworthy documentaries while maintaining the freedom to report critically on significant events.
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