This should have been the year that put Will Smith right back at the top. Tipped to win the Oscar that had eluded him twice before, the Hollywood star also had a string of high-profile roles ahead of him.
But Smith’s extraordinary attack on presenter Chris Rock during the awards ceremony ended all that. And if Smith believes his resignation from Hollywood’s film academy this weekend might draw a line under the affair, he will be disappointed.
Although the 53-year-old is unlikely to be stripped of his best actor statuette, his commercial appeal to producers has been seriously damaged. He was due to appear in a run of major films, including Bad Boys 4, Bright 2 and Apple’s Emancipation, but all of these projects are now uncertain. Apple’s decision on Emancipation, in which Smith plays a runaway slave, may prove crucial. An expected awards contender, it was due to come out later this year.
On Saturday film star Denzel Washington said: “For whatever reason, the devil got a hold of him that night.” And film-makers may take a long time to forget his actions.
The actor’s violent response to comedian Chris Rock’s joke about the appearance of his wife, Jada Pinkett Smith, is also likely to have a continued impact on the Academy of Motion Picture Arts and Sciences itself.
Smith’s resignation came with an abject apology. “The list of those I have hurt is long and includes Chris, his family, many of my dear friends and loved ones, all those in attendance, and global audiences at home,” he said on Friday night. “I betrayed the trust of the academy. I deprived other nominees and winners of their opportunity to celebrate and be celebrated for their extraordinary work. I am heartbroken.”
But this has not put a stop to the academy’s investigation of his conduct. It will also review its own handling of the incident.
The attack could expose the academy to legal action, according to employment law experts. In legal terms Rock, who was hired to appear as a host, counts as “a contractor”. And, while the ceremony was not a typical employment setting, Rock was effectively attacked by “a customer”.
“It’s reminiscent of companies with poor management and poor leadership where there is workplace violence or sexual harassment,” said employment lawyer Peter Glennon. “Nothing was done, and not only was he allowed to stay, not removed, but he was given an award.”
“Later, the academy comes out and says it does not condone violence, but who does? They realised they had to go further, and said they were going to investigate. But what is there to investigate? The whole world saw a blatant act of violence,” said Glennon.
Scrutiny has been focused on the academy’s actions while the ceremony was still being broadcast. Speaking on American television, the show’s producer, Will Packer, said he had told the academy: “Rock has made it clear that he does not want to make a bad situation worse.”
In Packer’s view, Rock’s “tone was not retaliatory. His tone was not angry. So I was advocating what Rock wanted at that time, which was not to physically remove Will Smith at that time, because, as it has now been explained to me, that was the only option at that point.
“It has been explained to me that there was a conversation that I was not a part of to ask him to voluntarily leave.”
According to Packer, Rock also told police officers at the ceremony he did not want an arrest: “They were laying out the options, and as they were talking, Chris was being very dismissive of those options. He was like, ‘No, I’m fine.’”
Though Rock told the police he would not press charges, the comedian could still sue the academy, as well as Smith, the show-runners and the security in control of the event.
“He has a civil cause of action against Smith and a legal claim against the academy for not ensuring a safe environment,” said Glennon.
Nor are the police bound to Rock’s decision to not press charges. “When police observe a criminal act that’s beyond reasonable suspicion, they have the right to arrest the individual,” Glennon said. In those circumstances, it falls to the prosecutor to decide whether to press charges.
In 2017, the academy published an updated code of conduct in response to the Harvey Weinstein sexual harassment scandal. The new standards, the academy’s leadership said, reflected and codified the organisation’s values of “respect for human dignity, inclusion, and a supportive environment that fosters creativity”.
“There is no place in the academy for people who abuse their status, power or influence in a manner that violates recognised standards of decency,” it said.
Glennon said: “With Harvey Weinstein everybody knew it, but nobody said anything because of his power and privilege. The academy took a stance on Weinstein and adopted a code of conduct. Now we’ll see if they’re going to stand by their stated values. Everybody wants to know what happens to the powerful and privileged in these types of situations. It looks like the academy dropped the ball.”
Many Oscar guests are still troubled by the standing ovation Smith received after his tearful acceptance speech for his role in King Richard, playing the father of Venus and Serena Williams. He apologised to the academy and his fellow nominees, framing himself as a “defender of his family”. But later that night he danced and posed with the golden statuette at after-show parties.
Smith’s resignation letter this weekend suggests he wants to address his bad behaviour and is “committed to doing the work to ensure that I never again allow violence to overtake reason”.
He may reveal he is undergoing therapy for anger issues and perhaps take up charity work for a period. He already has a platform for a confessional interview on his wife’s talk show, Red Table Talk.
In a 2020 appearance on this show Smith discussed problems in his marital relationship. It is also where Pinkett Smith revealed she had alopecia.
