Taliban Revenge Killing Puts Court Spotlight on Documentary Ethics

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The makers and vendors of the documentary titled “Retrograde“, which chronicles the final nine months of America’s 20-year war in Afghanistan, are attempting to use First Amendment rights to dismiss a lawsuit that alleges they were responsible for the death of one of the film’s main characters at the hands of the Taliban.

The central issue in the court case involves the death of Omar, a mine sweeper from an Afghan team assigned to safeguard Green Berets in the area. It’s claimed he was traced down from a scene depicted in the movie “Retrograde.” In a poignant moment, the camera focuses on him while another member of the National Mine Action Center expresses worries about being discovered by the Taliban upon re-entering civilian life. A portion of this documentary segment subsequently went viral on TikTok within Afghanistan.

This year, Omar’s family, who were previously evacuated from the country, filed a lawsuit against Disney and Matthew Heineman’s Our Time Projects, alleging wrongful death and negligence. They claim that the documentary producers misused Omar’s identity for financial profit, disregarding his safety, and violated industry standards concerning the protection of individuals in documentaries shot in war zones.

The situation brings up tricky issues concerning the duties of reporters and filmmakers, as they strive to present an honest and captivating story while considering the risks that their sources might encounter due to their collaboration.

On a document submitted on Monday, Our Time asserted that their actions were a form of shielded expression aimed at deepening understanding regarding the U.S.’s exit from Afghanistan, an event of immense public relevance marking the conclusion of the nation’s longest-running war.

As a fervent admirer, I can’t help but express my thoughts on “Retrograde,” a gripping account that delves into the aftermath of the U.S. government’s choice to withdraw military aid from Afghanistan. The withdrawal’s repercussions were far-reaching, with the Taliban seizing control over the former government’s records, which in turn led to the tragic deaths of hundreds of Afghans who had supported opposing forces. Uniquely, our team was granted unprecedented access to accompany the U.S. military throughout this tumultuous period, and our work was thoroughly vetted and approved for public viewing by the military itself.

In his filing, Nicholas Jampol, a lawyer for Our Time, states that the Documentary provides detailed, firsthand depictions instead of just descriptions about America’s withdrawal and its effects on those who remain. This style of reporting, he explains, is characteristic of on-the-spot coverage in war zones, and it is this kind of coverage that is safeguarded by the First Amendment.

As a passionate advocate for truthful and unbiased war-time reporting, I firmly believe that holding producers or documentarians accountable for actions taken by third parties, such as the Taliban, could have a profoundly chilling effect on future reporting efforts. This potential consequence might ultimately restrict public access to crucial information, especially in situations where government decisions are kept behind closed doors and direct access is limited. Unfortunately, I’m unable to provide further insight on this matter as the producers of Retrograde chose not to comment.

A key point under debate in the court case is whether the documentarians should have pixelated Omar’s face during filming. Retrograde‘s creators argue that there was no obligation to do so, even if commitments were made to safeguard the identities of subjects. However, Our Time contends they had permission to record Omar and all other American and Afghan military personnel and contractors.

The important question in the lawsuit is whether the filmmakers should have blurred Omar’s face during recording. Retrograde‘s makers say they didn’t need to do this, even if promises were made to hide the identities of people being filmed. But Our Time says they had permission to record Omar and all other U.S. and Afghan military members and workers.

Meanwhile, the estate asserts that Omar, who suffered torture before his demise, was recognized by the Taliban due to the documentary, “Retrograde.” However, the producers of the show contend that he was located through different methods. These include employment documents and other military intelligence, which were instrumental in tracing hundreds of other Afghans who were killed for cooperating with the U.S. military.

Previously, National Geographic took down their documentary from various platforms following concerns raised by The Washington Post about potential risks for some subjects portrayed in the film. Later, the Radio Television Digital News Association revoked a prestigious journalism award given to the documentary, due to fresh insights they received regarding the production process after the publication of The Washington Post’s article.

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2025-07-10 03:25