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Disney Forbidding Distribution of Film That Criticizes Bush
May 5, 2004
By JIM RUTENBERG
WASHINGTON, May 4 - The Walt Disney Company is blocking its
Miramax division from distributing a new documentary by
Michael Moore that harshly criticizes President Bush,
executives at both Disney and Miramax said Tuesday.
The film, "Fahrenheit 911," links Mr. Bush and prominent
Saudis - including the family of Osama bin Laden - and
criticizes Mr. Bush's actions before and after the Sept. 11
terrorist attacks.
Disney, which bought Miramax more than a decade ago, has a
contractual agreement with the Miramax principals, Bob and
Harvey Weinstein, allowing it to prevent the company from
distributing films under certain circumstances, like an
excessive budget or an NC-17 rating.
Executives at Miramax, who became principal investors in
Mr. Moore's project last spring, do not believe that this
is one of those cases, people involved in the production of
the film said. If a compromise is not reached, these people
said, the matter could go to mediation, though neither side
is said to want to travel that route.
In a statement, Matthew Hiltzik, a spokesman for Miramax,
said: "We're discussing the issue with Disney. We're
looking at all of our options and look forward to resolving
this amicably."
But Disney executives indicated that they would not budge
from their position forbidding Miramax to be the
distributor of the film in North America. Overseas rights
have been sold to a number of companies.
"We advised both the agent and Miramax in May of 2003 that
the film would not be distributed by Miramax," said Zenia
Mucha, a company spokeswoman, referring to Mr. Moore's
agent. "That decision stands."
Disney came under heavy criticism from conservatives last
May after the disclosure that Miramax had agreed to finance
the film when Icon Productions, Mel Gibson's studio, backed
out.
Mr. Moore's agent, Ari Emanuel, said that Michael D.
Eisner, Disney's chief executive, asked him last spring to
pull out of the deal with Miramax. Mr. Emanuel said Mr.
Eisner expressed concern that it would endanger tax breaks
Disney receives for its theme park, hotels and other
ventures in Florida, where Mr. Bush's brother, Jeb, is
governor.
"Michael Eisner asked me not to sell this movie to Harvey
Weinstein; that doesn't mean I listened to him," Mr.
Emanuel said. "He definitely indicated there were tax
incentives he was getting for the Disney corporation and
that's why he didn't want me to sell it to Miramax. He
didn't want a Disney company involved."
Disney executives deny that accusation, though they said
their displeasure over the deal was made clear to Miramax
and Mr. Emanuel.
A senior Disney executive elaborated that the company has
the right to quash Miramax's distribution of films if it
deems their distribution to be against the interests of the
company. Mr. Moore's film, the executive said, is deemed to
be against Disney's interests not because of the company's
business dealings with the government but because Disney
caters to families of all political stripes and believes
Mr. Moore's film could alienate many.
"It's not in the interest of any major corporation to be
dragged into a highly charged partisan political battle,"
this executive said.
Miramax is free to seek another distributor in North
America, although such a deal would force it to share
profits and be a blow to Harvey Weinstein, a big donor to
Democrats.
Mr. Moore, who will present the film at the Cannes film
festival this month, criticized Disney's decision in an
interview on Tuesday, saying, "At some point the question
has to be asked, `Should this be happening in a free and
open society where the monied interests essentially call
the shots regarding the information that the public is
allowed to see?' "
Mr. Moore's films, like "Roger and Me" and "Bowling for
Columbine," are often a political lightning rod, as he sets
out to skewer what he says are the misguided priorities of
conservatives and big business. They have also often
performed well at the box office. His most recent movie,
"Bowling for Columbine," took in about $22 million in North
America for United Artists. His books, like "Stupid White
Men," a jeremiad against the Bush administration that has
sold more than a million copies, have also been lucrative.
Mr. Moore does not disagree that "Fahrenheit 911" is
highly charged, but he took issue with the description of
it as partisan. "If this is partisan in any way it is
partisan on the side of the poor and working people in this
country who provide fodder for this war machine," he said.
Mr. Moore said the film describes financial connections
between the Bush family and its associates and prominent
Saudi Arabian families that go back three decades. He said
it closely explores the government's decision to help
members of the bin Laden family leave the United States
immediately after the 2001 attacks. The film includes
comments from American soldiers on the ground in Iraq
expressing disillusionment with the war, he said.
Mr. Moore initially planned on producing the film with Mr.
Gibson's company, but last May it pulled out.
"The project wasn't right for Icon," said Alan Nierob, a
spokesman for Icon, adding that the decision had nothing to
do with politics.
Miramax stepped in immediately. The company had previously
produced one of Mr. Moore's films, 1997's "The Big One." In
return for providing most of the new film's $6 million
budget, Miramax was positioned to distribute the film.
While Disney's objections were made clear early on, one
executive who spoke on condition of anonymity said the
Miramax leadership hoped it would be able to prevail upon
Disney to sign off on distribution -— which would ideally
hoping happen this summer, before the election and when
political interest is high.
http://www.nytimes.com/2004/05/05/national/05DISN.html?ex=1084727704&ei=1&en=3be1cf70b6fac6a9
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