Original subtitles

♪ ♪

We've got a full slate of films to talk about today,

on this snowy day here in Park City.

One film that I am,

for lack of a better term tickled to see--

I can't believe I said that.

The name of the film is "Tickled"

because really that's literally what it's about.

♪ ♪

One shot. Here we go.

David Farrier: We're at the Sundance Film Festival

to premiere our film about competitive endurance tickling.

This entire rabbit hole started when Jane O'Brien Media,

the company running the tickling competitions,

refused to be interviewed by a gay journalist.

They sent three representatives from the company to New Zealand

to warn us off the story.

We're shooting a documentary.

I understand what you think you're doing... It's a--

Jane O'Brien is a ghost.

Nobody knows who it is.

It all lead to a man who had been harassing

young men online for over two decades...

It said, "Your family better watch out."

Like, direct threats.

...often, while pretending to be a woman.

Farrier:

David D'Amato:

It had been a strange experience making a film

about someone who didn't want to be discovered.

Ah, thanks for coming out tonight, you guys.

Then at our third screening,

some audience members noticed an agitated man next to them,

who was angrily taking notes.

Oh Ah, ah, and--

and then we'd just hear flip-- every, like, thirty seconds,

we'd just hear legal paper flipping and flipping and mass--

like, notes being furiously scribbled

the entire time we're watching the film. Yeah.

And it just gets darker and darker

and we're just sitting there, like...

I was like, kind of, afraid to laugh.

Because of the disruption,

Sundance informed local police,

who attended all future screenings

to ensure everything went smoothly.

We were all feeling on edge,

with no idea what Jane O'Brien Media had in store for us.

♪ ♪

I go alone to the next major festival in Missouri,

and things get even more weird.

What's his name again? Kevin.

Kevin.

On the way to a screening,

I spot a man who looks like Kevin Clarke,

one of the men who came to New Zealand to tell us to

stop making the documentary.

Elmer and I are with the film director,

and he spotted him.

He's walking down Ninth Street.

We're pulled over,

just kind of, stopped and waiting right now.

There he is. That him?

I can't see.

It turns out, both Kevin Clarke

and Marko Realmonte are in town,

and they've bought tickets to every screening this week.

♪ ♪

Tickets out. Passes out.

The Festival increases

security, in case they try to disrupt

or stop any of our screenings.

Who saw them recording?

These guys. Right.

There's this-- this guy with this coffee--

with this, like, Starbucks coffee mug, like,

right here, and it's just been, right there.

There's two gentlemen in the cinema,

they've got a coffee cup, and it sounds like they've

filmed the-- the film essentially, pirating it.

So, I don't know who they are.

I mean, I imagine they're recording it for their lawyers,

but then they can upload it on Pirate Bay.

And, like, that's not an option.

Okay. So, I think it's-- Right.

stop them.

The two men refuse to leave,

and because we suspect they're secretly recording

the film from a coffee cup,

the movie is stopped while police remove them.

The movie will be back up shortly.

We had some people leave.

I was expecting Kevin and Marko.

You were recording with your phone there? No.

These people are, um, they're new people.

I haven't seen these ones before.

♪ ♪

The two men had flown in from New York,

and it seems that if they were recording,

the evidence is now gone.

It's ironic,

considering I used the coffee cup trick,

when I filmed Kevin in New Zealand.

Very sorry. Very sorry.

The police are unable to charge them with anything.

So, they're free to go.

I don't know who sent them,

but I can make a pretty good guess.

♪ ♪

The next day, I'm tapped on the shoulder

by a woman who wants to know if I'm David Farrier.

For a moment, I think maybe it's a fan.

But it turns out she was there to serve me

with two lawsuits

from David D'Amato.

...the documentary to Columbia's

True/False Film Festival

now faces a lawsuit.

The subject of the film says

the story is completely untrue, and is now striking back.

One has been filed here in Missouri...

the other in Utah, where we'd screened at Sundance.

They allege defamation...

emotional distress...

and invasion of privacy.

These are the first real lawsuits we've seen.

D'Amato is seeking damages,

and we're worried his complaints will mean

we have to stop showing "Tickled."

On top of this,

D'Amato is now suing his stepmother

for forty million dollars...

alleging statements she made in the documentary

were defamatory.

♪ ♪

The whole reason we made the film

was to expose D'Amato,

hoping justice would be served.

But it's still unclear what laws he's broken,

and his victims haven't been able

to afford lawyers themselves.

Oh hey. How are you? David. John Byrne: John Bryne.

Nice to meet you. It's nice to meet you.

Encouragingly, a few people have reached out to us,

wanting to dig deeper,

including the DA's Office in Nassau County,

where David D'Amato lives.

I go and meet them, along with our lawyer,

Cameron Stracher.

So I'll bring my colleagues in. Okay.

And, ah...

If we can stop filming for that...

Thank you.

In the meeting, we cover what we discovered

during our investigation.

It lasts for around an hour.

I came away from there a little frustrated.

You know, I think right now,

you're getting this, like, well, gosh.

We can't do that, and we can't do this,

and that's out of our jurisdiction,

and this is out of our jurisdiction.

So, ah, screw it, you know? Farrier: Yeah, yeah.

Um, but they're the ones.

I mean, nobody else is gonna do it, if they don't do it.

♪ ♪

D'Amato seems to be getting away with it again.

The quote he used to

accompany his old yearbook photo

sums it all up.

Dylan and I both head back to New Zealand to regroup.

The two law suits are intimidating,

and now Kevin, the producer of the tickling videos,

has also swung into action.

So why has a new documentary about competitive tickling

created such an uproar?

You're saying this is a hatchet job, this movie?

That's a polite word for it.

It is a dishonest way to make money, and to gain fame.

He's not suing

but is on a media campaign to take down "Tickled."

Is David D'Amato

connected to your company, Jane O'Brien Media, in any way?

No. Not to my knowledge. That doesn't mean he isn't.

Kevin has also created a website to discredit the film.

According to the site,

he was the disgruntled audience member at Sundance,

and is angry he appears in the film at all.

Hello, I am Kevin Clarke, and I'm about to commence

an interview with Jordan Schillaci.

He will talk,

and then I will ask him some questions from off-camera.

Thank you.

He also has Jordan,

the ex- MMA fighter,

recanting some of his interview.

And you do have a mari--

a marijuana medical card in Michigan. Yeah.

And when he came, he smoked dope with you,

and partied... Yeah!

and acted like, you know, Best friends.

like that was what a newsperson or a--

a true documentarian was supposed to do.

I didn't smoke any drugs

with Jordan.

A lot of what he says simply isn't true.

Kevin: They were very proud of the fact

that, among other things, they'd gotten David D'Amato's--

hacked his private documents, and stuff like that.

Yeah. They were very free with that kind of information.

You could tell, in other words,

that this was a vendetta against David D'Amato,

and fuck David D'Amato. Pardon the language.

Yeah, pretty much. It was a screw David D'Amato,

and, yeah, they had to hack it.

We didn't hack D'Amato's computer.

It seems that his files became available

when he moved hosting providers.

They were so unprotected,

you could find them by doing a Google search.

Kevin: You should be very proud of yourself

for coming and at least telling us the truth here now.

And I appreciate it very much.

No problem at all. Thank you very much, Kevin,

for having me. Thanks a lot, Jordan.

While all this is going on,

we get some good news.

Because we challenged the jurisdiction

of D'Amato's two pending lawsuits,

they've both been withdrawn.

It's a huge relief.

♪ ♪

We head back to America

to promote "Tickled" coming out in cinemas.

Dylan and I split the publicity up.

I stay in New York...

and Dylan heads to LA.

So, um, tonight is the first screening in LA.

We've opened at the Nuart Cinema.

It's just past 8:00 o'clock now.

The session started at 7:30,

and I'm due to do a Q and A in about an hour.

Jane O'Brien has I, ah, I'm not

destroyed his career. gonna discuss Jane O'Brien.

But just before Dylan does his Q and A,

he bumps into Kevin in the lobby.

Are you going to say you've never lied? Why did you call police on me

in-- in Park City? I didn't call the police on you. Sundance...

has a security policy that they acted on their own.

And-- and... We didn't call anyone. We didn't tell anyone anything.

Oh. Oh really? They have a policy,

Really? You think sending and they acted. We didn't call the police.

bomb-sniffing dogs and police after someone We didn't tell the police

because I took notes, is okay? who to send.

We didn't tell the police who to send.

We didn't call the police, we didn't ask for anything.

Sundance dealt with that by themselves. And you didn't correct them.

What was I going to say? They have a security policy. You were going to say,

"There is no reason to do that to that person.

"He threatens no one." That is their policy...

for that situation. And that was the policy, I suppose,

in-- in Missouri as well?

In Missouri? The two men who were in the film

refused to leave... And that has what to do with me?

Nothing to do with you. Then what-- then,

what does that have to do with me? Well you brought Missouri up.

Kevin is also fixated on what he sees

as a breach of ethics; us filming him secretly,

and using tickling footage he'd shot.

Does any of that-- does any of that...? The film is a piece of garbage

full of lies.

As Dylan walks into the cinema,

he meets the last person we ever expected to turn up.

Hey guys, thanks so much for coming out to the Nuart.

Let's give a round of applause for "Tickled" here.

Okay. I'm David D'Amato.

Very nice to meet you. I would like to wish you...

David D'Amato has just

watched the entire movie.

In unprecedented fact, ah, fashion, ah, ...beyond your expectations.

some of the people Sure. I mean, I'd like to invite you to talk to us.

from the film are here. We'd really like to talk to you.

It's not legal in California. You see? No, no, no.

I'd like to invite you to talk to us, you know, sit down with us at some point.

Can't do it in California.

You can't talk to me in California? No, it's illegal.

Why not? It's illegal.

It's illegal for you to talk to me in California?

Just try filming me, and you'll find out.

Oh, we are filming you. Good. Good.

Are you un-- By all means keep filming me.

No, are you unaware... By all means keep filming me.

Are you unaware that you're being filmed?

No. But are you aware of the Film LA registration?

We can film in here. This is a private space.

In fact, you can't. We have permission from the owners.

That does not have anything to do

with the California Ordinance for the County of Los Angeles...

That is not a criminal statute.

Yes, it is. No, it's not. It's a civil statute.

We can be fined, perhaps.

I mean, if that's what it takes.

Tell you what, you're going to tell a New York attorney

what a felony is in his own country. Which one will it be?

This one right here, buddy? You?

Yeah. You're not a-- you're not a member of the bar.

I certainly am able to practice law.

You are not a member of the bar. Okay.

You're not admitted to the New York State bar.

How about other states?

I don't know. I couldn't find you in any that I looked in.

Guess you couldn't find a damn thing.

You're not doing a very good job. Why did you say you were

Where's your buddy, David? He at least-- a lawyer? He's in New York,

is able to-- competent, ah, you know that. It's on the website.

non-confrontational interview.

But no really, what I wanted to do is wish you

all the success possible

Okay. because it's going to be a good ride.

Ladies and Gentlemen, David D'Amato.

Let's get out of here.

Go ahead. Go ahead.

No, no, no, no, no, no, no, no. Stop, stop, stop!

Trust me I am. Man: Let him speak.

Absolutely.

No, honest-- I'm no coward. Go ahead.

David, no, no. Come - come up in the front, there's microphones...

I will honestly, I will invite you to speak. No, no, no. I want--

I want you to do your Q and A.

You can say whatever you like.

I want you to do your Q and A. And I will happily

join the audience... where I've been. Okay. Right.

and see what you have to say. Yeah!

Sorry, it's a little unorthodox.

Ah, like, raise a hand if you want to ask a question.

What was the hardest part about making the documentary?

Essentially making a film about a person

who doesn't want a film made about them is complicated...

um, as I'm sure you're aware,

and as evident from the film, and from some events...

D'Amato sits through the whole Q and A,

just like any regular audience member.

I don't know... Okay. You can't have that one both ways.

Yes, you absolutely can. He tells the truth, or he's a liar.

Kevin starts to interject;

upset that people may think Jane O'Brien's videos

are homoerotic.

He seems to want to distance himself

from his old job as a gay porn director.

When you used Richard Ivey

as an example of what was going on,

you didn't bother to tell anyone he was a pornographer.

You showed footage of him fondling someone's nipples...

and acted as though that's what I shoot. There is--

I think we made it very clear what you shoot. Now hold on a second...

let me finish talking, please.

There is no nudity,

there is no touching of genitals.

None of that exists.

Yet you conflate the two as if they're the same.

I don't think we do.

I-- I understand that that's the position you take.

We can ask the audience.

Do you think we conflate... No.

the videos of these guys with pornography? No. No, no.

The bully here are Farrier and Reeve.

No. No. That's who the bullies are.

This is-- I mean, this was surreal for me. I...

So, David, I mean, honestly...

I am really willing to hear you speak, if you want to say anything... at all.

Well, I just...

Would you like a microphone? Like, honestly, do you want to come up here?

Do you want me to bring you a microphone? I'm happy to listen to you.

You needn't worry, I have a good speaking voice.

I do have to credit you on the fact that,

while your facts are very distorted,

some of the effects in the movie;

the music,

Yeah. Yep. Is done very well.

I hope that this film has a long

and successful run in this country...

because I think...

that life is a learning experience,

and that you're gonna learn a great deal about things

as a result of this.

And I am not necessarily talking...

about...

what a battle in the United States Civil Court is like.

I would like to correct one thing that you-- you said.

Absolutely.

The legal action...

that is pending was not dismissed.

In this country, it is possible to move suits,

federal suits,

to another jurisdiction.

That, as we say in New York,

Los Angeles TV,

you need to lawyer up.

You need to get criminal counsel.

Because listen... let me finish.

Please...

if you're-- you're being funded, if you're being helped, whatever,

obtain criminal counsel sooner than later.

Because there are gonna be questions asked

along those lines.

♪ ♪

Things move outside onto the street.

Kevin and D'Amato aren't going anywhere.

And with audience members looking on,

it feels more like a circus than a film screening.

♪ ♪

And there's another familiar face,

as Dylan notices the man by D'Amato's side

is the same private investigator

from the film festival in Missouri.

You know what the question that I want to ask you is? Yeah.

And what D'Amato says next is a reminder of

how this whole tickling saga started three years ago,

when Jane O'Brien Media didn't want to be interviewed by a gay journalist.

You obviously are a family man. I am, yeah.

David Farrier is... by his own admission now,

um...

gay.

He's bisexual, but it's not really important. He... Right.

I don't see the alliance.

Look, I find that kind-- I find homophobia problematic.

I don't - I'm not a homophobic person remotely.

So, I find that to see that kind of thing is weird.

It may be a cultural thing, because half of our states here,

have so-called...

Yeah. what you would call homophobic legislation.

Yeah. And-- and, yeah, no. Of course.

And I think that's changing rapidly,

and I think that's a good thing.

I don't know if you agree. Wow.

You know something?

It's not necessarily what I hope will come.

Okay. What do you... think will come? It really isn't. I think that...

I think that for reasons that you don't understand, it may be inevitable...

Mmm hmm. but...

given what happened versus what may be going to happen,

I-- I don't wish... I don't--

and I'm not talking about going to prison for thirty years either...

I don't want to...

No, I understand. But I don't... you're a family guy.

There's-- there must be a decent part inside of you...

There's a very decent part inside of me, I think.

and...

you might have bitten off more than you can chew.

♪ ♪

Spike Pumpkin here.

Thank you for the car. I hope to live up to your expectations.

This is Ryan Pumpkin

filming Spike Pumpkin for his Tickle Talk.

No, you just have to be, like, casual about it, right. Okay.

All right. Yeah. So...

I'm like a...

I'd say, if I was, like, to say how ticklish I am...

♪ ♪