This is a small victory for the French writer Michel Houellebecq, in turmoil since the publication of the trailer of a "porn" film, in which he acts. A Dutch court ruled on Tuesday on appeal that the novelist should be allowed to watch the film, directed by Dutchman Stefan Ruitenbeek, before it is broadcast. However, the writer did not succeed in obtaining a ban on its distribution.
The lawyers of Michel Houellebecq and his wife had announced in early February to take steps to obtain the ban of the film "Kirac 27", using images of the world-famous French writer shot last year, which they consider defamatory. The writer claimed that he only signed the contract with the director because he was depressed and had been drinking. A Dutch court rejected the writer's requests at the end of March, but the trailer, in which he appeared shirtless kissing a young woman in bed, was removed.
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Since the release of the trailer, the writer fears that the Dutch filmmaker does not respect part of the agreement defining "a game between reality and fiction", according to which the film must create the illusion of erotic scenes with a lookalike. The Amsterdam Court found on appeal that these fears were justified. The court pointed to the fact that the director said in an interview with the Vice news site in February that the French writer was "really good in bed."
"It goes a long way," the judges acknowledge
Stefan Ruitenbeek explained to the judges that he had "played between fact and fiction in the interview (...) exaggerating the writer's performance" in bed to generate additional interest, according to the judgment. But suddenly "he presents in particular as a fact" that the writer "actually participated in the sex scenes," said the court. She therefore ordered the Kirac collective to share the film with the writer "four weeks before its scheduled broadcast". If Michel Houellebecq raises objections and the filmmaker refuses to adjust the film, he can again go to court. Initially scheduled for May 26, the release of the film is therefore postponed. The collective to which Stefan Ruitenbeek belongs, will have to pay a fine of 25,000 euros if it does not respect this judgment.
The author of "Submission" (2015), however, failed to get the film banned. "There is not yet sufficient reason to assume that the agreement (between writer and director) was reached through abuse of circumstances," the court ruled. According to the terms of the agreement, Stefan Ruitenbeek can use "all the material" produced or obtained between November and December 2022, she acknowledged. But the judges conceded that "it goes very far, especially for sensational images that can damage the reputation" of Michel Houellebecq.