Producers of contentious documentary Russians at War say they are threatening to pursue legal action against Ontario public broadcaster TVO for revoking its commitment to air the film following ongoing protest from the Ukrainian community.
On Thursday, Hall Webber LLP, the firm representing the producers, issued a letter to members of the TVO board of directors and executive management demanding them to broadcast the film or allow the filmmakers to license the film to another broadcaster or streaming platform.
This comes after TVO allegedly cancelled its plans to air the film for the next coming months due negative responses from members of the public.
“This decision represents a clear violation of the filmmakers’ rights, not only under the broadcast agreement but also in terms of the broader principles of fairness, editorial independence, and respect for artistic integrity,” lawyer Danny Webber of Hall Webber LLP wrote in the letter.
“Furthermore, the damage caused by this decision extends beyond mere contractual breach, encompassing significant reputational and financial harm to the filmmakers, as well as a chilling effect on free and open discourse,” he continued.
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The letter goes on to say that failure to resolve this matter will leave producers no choice but to move forward with all legal remedies which includes claims for breach of contract, defamation, and damages associated with any loss of Canada Media Fund (CMF) funding for the project.
The producers say the documentary was created in partnership with TVO and that its programming department approved every stage of the production, reviewing each cut of the film and working closely with the filmmakers to ensure the content met the network’s highest standards.
Additionally, the letter explicitly states the filmmakers and TVO executives were also aware of the possible critique and controversy the film could receive.
Since the film is funded by CMF resources, the letter states the entire project’s funding is at risk because TVO has cancelled the broadcast, and in turn, the film could lose its funding eligibility for not having a broadcast licence.
Directed by Russian-Canadian Anastasia Trofimova, the film focuses on the experiences of Russian soldiers on the frontlines in the war with Ukraine. The film was supposed to have its North American premiere at TIFF on Sept. 13, followed by screenings on that same weekend.
However, TIFF paused the screenings citing significant threats against the festival and public safety.
In a turn of events, TIFF then rescheduled the screenings for Sept. 17 for two showings at 2 p.m. and 6:30 p.m. at TIFF Lightbox Theatre.
The film has triggered major backlash from the Ukrainian community and Canadian politicians, such as Deputy Prime Minister Chrystia Freeland, for promoting “Russian propaganda.”
At the screenings on Tuesday, attendees leaving the theatre were met by a group of pro-Ukrainian protesters denouncing the film.
The letter states the law firm expects a response from TVO within the next 10 business days. According to media reports, the broadcaster is currently not publicly commenting on the matter.
Online, news of the potential legal action has received mixed reactions from users.
“Sometimes, film’s factual & moral gaffes negate agreements: slurs not translated, war crimes omitted, aggressors victimized. @tvo did the right thing,” one X user said.
“The fact you need TVO support proves the film does not speak for itself, the intentional decision to leave out critical information, the decision to not provide important context, the cowardice displayed by many including TIFF to engage is pathetic and desperate,” another user said.
“Removing any documentary on false and discriminatory premises from a movie festival should bear consequences for TVO,” one X user commented.
