Silenced Documentary to Open Sydney Film Festival Amid Legal Controversy
A documentary featuring interviews with Brittany Higgins and Amber Heard will be screened at the Sydney Film Festival on June 3, following significant legal and political drama. Titled Silenced, the film examines how defamation laws can prevent victims from publicly discussing abuse and premiered at the Sundance Film Festival in February.
Political Scrutiny and Senate Estimates Hearing
The film faced intense scrutiny when Liberal Senator Sarah Henderson demanded its script during a Senate Estimates hearing on February 10. Henderson questioned the ABC's vetting process after the broadcaster contributed $340,000, approximately 14 percent of the total production cost. She expressed concerns that the documentary claimed women like Higgins were silenced by defamation laws, despite court findings to the contrary.
During the hearing, Henderson stated, "You would, no doubt, be aware that two Australian courts have found that Ms Higgins was not silenced and, in fact, made dishonest claims." Greens Senator Sarah Hanson-Young interjected, calling Henderson "disgusting" for "going after a rape victim." Henderson refuted this, arguing the documentary mentioned the civil case involving former Senator Linda Reynolds.
Legal Challenges and Production Details
The documentary, based on barrister Jennifer Robinson's book Silenced Women, follows Robinson, who represented Amber Heard in Johnny Depp's defamation suit. Robinson responded to the Senate hearing on social media, writing, "It is outrageous that our script was sought using Senate Estimates procedures. Senate Estimates is not the defamation police." She highlighted the "legal dramas" faced during production.
An advanced copy viewed by the Australian Financial Review did not specifically mention Reynolds' defamation case against Higgins or Higgins' subsequent bankruptcy. Reynolds' lawyers sent a letter to the production company, Stranger Than Fiction Films, in January, warning against repeating allegations. Additionally, Bruce Lehrmann's lawyer, Zali Burrows, sent a concerns notice in February, requesting a copy of the film and alleging it could prejudice Lehrmann's right to a fair trial in separate criminal proceedings.
Financial and Editorial Oversight
Screen Australia provided $250,000 in taxpayer funds for the documentary but reportedly does not have a script. ABC managing director Hugh Marks assured that the broadcaster would conduct reasonable editorial reviews before airing, stating, "We will ensure that it meets all standards and does not fall foul of the areas that Henderson was suggesting." Labor Senator Michelle Ananda-Rajah criticized Henderson's demand for the script, arguing it "would have the effect of silencing artists."
Background on Legal Cases
Higgins and her husband, David Sharaz, were bankrupted by Reynolds after Federal Court proceedings last year, where Reynolds successfully argued they defamed her on social media. Higgins was ordered to pay about $340,000 in damages and interest, plus 80 percent of legal costs estimated over $1 million, while Sharaz owed around $750,000 in legal costs.
In a separate case, Federal Court Justice Michael Lee ruled last April that Lehrmann likely raped Higgins in Parliament House in 2019. Lehrmann denies two rape charges in Queensland and is facing ongoing criminal proceedings.
The Sydney Film Festival has hailed Silenced as "the most important Australian film of the year," set to open the event amidst ongoing legal and political debates.
