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Death by data: how Kafka’s The Trial prefigured the nightmare of the modern surveillance state

We live in a world of covert court decisions and secret bureaucratic procedures and where privacy is being abolished – all familiar from Kafka’s best-known novel, The Trial.

A 1915 portrait of Franz Kafka. Image: Hulton Archive/Getty Images

“Kafkaesque” is a word much used and little understood. It evokes highbrow, sophisticated thought but its soupçon of irony allows those who use it to avoid being exact about what it means. When the writers of Breaking Bad titled one of their episodes Kafkaesque, they were sharing a joke about the word’s nebulousness. “Sounds kind of Kafkaesque,” says a pretentious therapy group leader when Jesse Pinkman describes his working conditions. “Totally Kafkaesque,” Jesse witlessly replies.

If the word is widely misused, it is also increasingly valuable. Last year, when the attorney and author John W Whitehead wrote about the US National Security Agency scandal in an article headlined “Kafka’s America”, the reference to Kafka clearly made sense:

“We now live in a society in which a person can be accused of any number of crimes without knowing what exactly he has done. He might be apprehended in the middle of the night by a roving band of Swat police. He might find himself on a no-fly list, unable to travel for reasons undisclosed. He might have his phones or internet tapped based upon a secret order handed down by a secret court, with no recourse to discover why he was targeted. Indeed, this is Kafka’s nightmare and it is slowly becoming America’s reality.”

We live in a world of covert court decisions and secret bureaucratic procedures and where privacy is being abolished – all familiar from Kafka’s best-known novel, The Trial. This year marks the centenary of the book’s composition, though it was not published until after Kafka’s death, in 1925.

Kafka’s texts age far more slowly than those of almost any other author of his era. In The Trial, we are drawn so compellingly into a story of pursuit and fear that it seems like a nightmare we all share, even though most people in the postwar west have not been subjected to anything nearly as extreme. Readers under communism, however, pictured a situation that they knew all too well, in which the fundamental rights of the individual had been stripped away. Many gravitated to a political interpretation of Kafka, bolstered by his friend and literary executor Max Brod, who had proclaimed Kafka a prophet. Those in power did not appreciate having a mirror held up to them and attached the label of “bourgeois decadence” to Kafka; his work was banned in eastern Europe and the Soviet Union. The communist literary scholar and social scientist Georg Lukács was one of Kafka’s strongest critics but after his arrest in 1956 in Budapest, he is said to have admitted, “Kafka was a realist after all.” This about-turn was as narrow-minded as his earlier indictment because both missed the point of Kafka’s work.

Kafka was not a prophet. He did not foresee the systematic persecution and annihilation of the Jews to which his three sisters fell victim. As a teenager, he experienced pogrom-like conditions in Prague; his family had to barricade itself in the apartment for days on end and his German-Jewish high school was vandalised. But these persecutions had yet to turn murderous. The state-sponsored killing of Jews, which was occurring in Russia on a regular basis, was considered unthinkable in the multinational Austria-Hungary and the “highly civilised” German empire.

It is easy to see how The Trial resonates with those living under a dictatorship. However, even the most cursory look at the novel reveals that Kafka was not depicting the sufferings of innocent victims. The protagonist, Josef K, is not especially likeable; he does not have any relationships with others and he is clearly tormented by some hidden guilt of which the court incessantly reminds him. The execution at the end takes place with K’s assent and as such is a suicide. Kafka went to great pains at this juncture to show that the court is merely reacting. Nothing occurs in this novel against the unequivocal will of the accused man.

Kafka did not merely portray how people become victims; he also showed the extent to which power relies on the complicity of its victims. This phenomenon goes beyond the political and touches on the insights of psychoanalysis. If a son continues to obey his father long after the latter’s death, it means that he has taken into his own hand the whip that once held him down. Freud explained how this could be possible with the existence of the superego, a psychological entity that represents the father and renders him immortal, ensuring that his repressive values system is passed on to the following generations.

Kafka was deeply sceptical of the therapeutic promises of psychoanalysis but he was captivated by the way it described the propagation of power, which chimed with his own experiences. Someone who keeps getting told that he is incapable, inferior or guilt-ridden will have to expend a good deal of energy to resist such a self-image and not make himself guilty in his own eyes. He has to struggle not because the forces of power have violated or diminished him but rather because he has been infiltrated by those forces. The poison lodges in his own body.

One can follow this process of infiltration in The Trial in slow motion; Josef K’s voluntary walk to the execution site is only the unhappy culmination. The process begins quite subtly, with K being placed under observation. He is told that there is a large and powerful authority that will be dealing with him from then on. This is borne out by the way that many pairs of eyes are trained on him: neighbours peer into the window, work colleagues show up uninvited at his apartment, strangers know all about his case.

From the moment that he becomes the accused man and so the object of suspicion, he suffers the loss of his privacy. No one causes him harm, no one locks him up, even his initially belligerent outbursts at the court go unpunished and no one contests his right to keep his management position at a bank. Even so, K feels like a hunted animal, an impression Kafka steps up to the point where even the reader loses the ability to draw a clear distinction between real threats and paranoia.

Today, we are far more sensitised to infiltration that does not involve physical contact than the first generations of Kafka’s readers were. This is a result of atmospheric changes in our society. In 2004, the European Union decided to collect the fingerprints of all of its passport holders and take digital photographs of their faces. This came about as a result of enormous pressure from the US, which cited security issues. It is no longer possible to get a new passport in any European country without fingerprinting. Refusal to submit to this on the grounds that the state is not entitled to make baseless encroachments on the bodies of its citizens would make a person look ridiculous and suspicious. Not long ago, a character in a detective film being fingerprinted was an unequivocal sign of that character’s stigmatisation, a marker of social and moral failure.


Eyes in the sky: a security camera monitoring station in Chungking Mansions, Hong Kong 

Something similar is happening with facial recognition. The passport agency points a camera at me, an upstanding citizen. Other agencies point thousands of cameras at me as I walk through town. These cameras impart the message that everyone is a potential offender, including me and the nice lady sitting across from me in the subway.

A second message is that I am living more safely than before, since everyone else is also aware of being observed, even though it is unclear whether there are human eyes lurking behind all these cameras, or sophisticated recognition software, or nothing at all. Does one really want to know? Seeking the details could result in a fate like that of Josef K, who, in his desire to confront the anonymous powers, ultimately saps his vitality.

It does not take much imagination to fathom where the unrestricted accumulation of monitoring equipment will lead. Being suspect will become an inescapable and natural social condition, while surveillance staff will become invisible. That was apparent even before the NSA scandal, because data storage devices are voracious no matter whose hands they are in and electronic information tends to consolidate into increasingly detailed profiles. What ethical qualms would hold back a state with a serious security problem from using an instrument of this kind? Or a state that might some day be saddled with a problem like this?

Data collection has a crucial role in Kafka’s novels: in The Castle, there is almost incessant talk of record-keeping and the collection of personal data is shown in all its grotesque detail. This, too, has little to do with any clairvoyant abilities on Kafka’s part and instead a great deal to do with his professional experiences: he was an official at a state-run insurance company for workers and he quicklyrealised that the emphasis on statistical assessment was something new and daunting. In his office, individual lives and catastrophes became fodder for files and actuaries. Kafka, who was sensitive to the social implications of these modern means of bureaucracy, recognised that they also altered the thinking of people affected. Anyone who deals with this kind of agency has no choice but to adapt to its routines. Kafka was surprised that the system’s worst victims did not force their way into his office but instead filled out the forms submissively, then awaited their notification.

This can also be regarded as the result of infiltration. Kafka graphically portrays the process in The Trial, in which the accused man questions the proceedings quite forcefully at first but then less and less often. Like K in The Castle, he lets himself be bought off with a convoluted description of bureaucratic procedures and for a while labours under the delusion that this has brought him closer to an understanding of his fate.

Readers experience a shock of recognition as they travel down this blind alley. They know what it is like to be swamped with legal and technical details in public debates on surveillance and terror prevention, which often pivot on the notion that technical solutions are the answer. It is useful to know why the US Foreign Intelligence Surveillance Court, which works in secret, has approved 34,000 government surveillance requests and rejected only 11 (in part because it has to provide written reasons for rejections – but not for approvals), or to consider the security of cloud computing and online storage. And it is legitimate for European governments to think about replacing US-based data lines with their own. Yet this single-minded focus on technical problems is bound to stupefy us in the long run.

Josef K loses his case because he loses sight of what set it in motion. In The Castle, K wants to know why he was summoned to work as a land surveyor in a remote village where he is not needed. The circuitous answer he receives amounts to the idea that bureaucratic procedures of this kind are exceedingly complex and, as a result, fateful decisions are sometimes arrived at spontaneously. No one is responsible and there is nowhere to address complaints. (This reminds me of a Dilbert comic strip in which staff members suggest that their boss should set up a customer service line – but keep the number secret).

It gets even more problematic when those with power argue that they are only implementing what we have been secretly wishing for all along. For years, any criticism of how social media sites such as Facebook were dealing with personal data elicited the flippant response that the classic idea of privacy was outdated anyway – as if the technology of social networks was only reacting to a historic shift in our mindset that had already taken place and no one was being forced into anything.

There is an element of truth to that argument. I don’t have to let Google Street View make a digital record of my property and post the image online but it is such a hassle to prevent this from happening that I don’t bother. No one forces me to check a box confirming that I have accepted the terms and conditions of Facebook but I do it anyway, without understanding any of the mumbo-jumbo. As a result, I get used to entering into contractual obligations blindly – which is taken as proof of my trust. Eventually, I make peace with a historically unprecedented form of “pseudo-privacy” (as the German blogger Sascha Lobo has called it) and tacitly allow the state to scrutinise my private affairs – as long as the neighbours don’t learn anything about me.

This sense of moral isolation in an overly complex, obfuscating world is something we can relate to. Kafka was the first author to understand what it means when people are turned into statistical entities and when every move they make is compiled as data. For Kafka, the problem was not the machine – bureaucracy itself is blameless; it is not an active agent. The blame is ours. We are the ones checking the boxes, sharing our photographs and forgetting to delete.

Officially, we have the freedom to do as we please in our personal lives and yet we have grown increasingly beleaguered by the feeling that we have already given away this freedom. “So then you’re free?” someone asks Karl, the protagonist of Kafka’s novel The Man Who Disappeared: “‘Yes, I’m free,’ said Karl, and nothing seemed more worthless than his freedom.” For once, we must not let Kafka have the final word.

Written for the New Statesman, this essay was translated from the German by Shelley Frisch. “Kafka: the Decisive Years” by Reiner Stach is published by Princeton University Press (£16.95)

 

LAURA HYND FOR NEW STATESMAN
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Rebel with a realist cause

Michael Winterbottom, Britain’s busiest film-maker, discusses cinema, social mobility and how we are returning to the 19th century.

In the early 1960s, Lindsay Anderson was enjoying the power and esteem that he had always thought the English would be too philistine to grant him. His Free Cinema movement, launched in February 1956 with a series of modest, hand-held documentaries and a strident manifesto, had mutated into “kitchen-sink realism”, a series of popular feature films that included Tony Richardson’s Loneliness of the Long Distance Runner, Karel Reisz’s Saturday Night and Sunday Morning and his own This Sporting Life. Anderson seemed dangerously close to becoming the  leading spokesman of mainstream British cinema. But then, as he recalled, “Realism gave way to the myth of Swinging London. The Americans, God bless them, put up a lot of money and the British made a lot of bad films.”

When, bored and broke, the Americans went home, taking many of his colleagues along with them, Anderson stayed behind. He made if . . ., which won the 1969 Palme d’Or at Cannes, and a sequel, O Lucky Man!, and then – nothing. For most of the 1970s, British cinema was virtually an oxymoron. But when the industry came back to life at the start of the next decade, with GandhiChariots of Fire and the formation of Channel 4 Films, he refused to celebrate or capitalise, preferring to tut and clutch his brow.

In November 1985, the month when his former protégé Stephen Frears first startled a general British audience with My Beautiful Laundrette, which updated kitchen-sink realism with new causes (multiculturalism, gay rights) and villains (Thatcher, the National Front), Anderson was making gentle progress on a backward-looking endeavour – a television documentary about Free Cinema, to form part of an initiative he despised called British Film Year. A born dawdler, equally petrified of success and failure, he was having trouble with the stills and inserts. “I finally get the operation organised,” he wrote in his diary, “by insisting that the attractively cherubic Michael Winterbottom be my assistant.”

When I spoke to Winterbottom last year, he told me, “Lindsay Anderson was a director I really admired and I wondered why he had made so few films. Then I met him. There was a lot of messing around” –bickering, procrastination, mischief. And perfectionism: “Even on the Free Cinema documentary, he ended up reshooting ­everything.” Winterbottom wanted to emulate Anderson’s work – the intransigence, the looseness – but he realised that in order to follow those examples and still have a career, he needed to make peace with prevailing industrial conditions and devise a plausible, even hard-nosed working method.

Three decades later, he is constantly in work. Alongside Frears, he is Britain’s busiest film-maker. At any given moment, he occupies two or more points in a process that goes something like: development, financing, casting, filming, editing, festival circuit, domestic release. But where Frears has graduated to working with Hollywood studios, Winterbottom relies on independent financing and employs a no-fuss, often hand-held, digital shooting style. David Thompson, the former head of BBC Films who is now an independent producer, told me, “Michael pioneered a way of working that we tried and failed to get other directors to adopt: if you can’t get the crew in a minivan, then you’ve got too many people.”

The results so far have included 24-Hour Party People, a comedy about the Manchester music scene that captured Winterbottom’s own philosophy of productive chaos, and 9 Songs, in which a climatologist recalls a relationship through nights at rock concerts and uncensored days in bed. Winterbottom’s most recent film, The Emperor’s New Clothes, a documentary about inequality, presented by Russell Brand, was his 28th. And that doesn’t include The Trip, the BBC2 comedy series starring the comedians Steve Coogan – a Winterbottom regular – and Rob Brydon, which was released outside Britain as a pair of films, The Trip and The Trip to Italy: to date, his only sequel.

***

Working alongside the producer Andrew Eaton, Winterbottom has established an atmosphere of rigour and determined focus that allows him to take risks. Eaton, who has known Winterbottom for more than 30 years, told me that “no other director comes to set with such a strong sense of what he’s trying to get combined with a complete openness to what could happen in the day”. When Winterbottom was making the family drama Wonderland in the late 1990s, he took his skeleton crew into London bars that were open for business. Punters became extras. “The people in a place are so much part of the environment,” Winterbottom said. “We were trying to get a different texture, to let the characters interact with the real world.”

Winterbottom and I were having breakfast in a London hotel restaurant. When I arrived, he had just finished a television interview about The Face of an Angel, a rumination on the Amanda Knox trial starring Daniel Brühl and Cara Delevingne, which opened in 2014 to baffled reviews. Winterbottom, who turns 55 in March, still looks like a cherub, but a cherub going grey at the sideburns. He is affable, even happy-go-lucky, but also remote – withdrawn. His gaze carries a slight air of wistfulness, as if he is distracted by some opportunity five yards beyond your shoulder. And though he talks very quickly, he is a specialist in prevarication and reversal. Assertions are parried, questions dodged. But when he’s comfortable, he’s fluent.

Winterbottom continued to tell me about the thinking behind Wonderland, which many consider his greatest film. He compared it to Notting Hill, which was being shot further west around the same time. “As soon as you go in and control everything, you’re destroying the essence of what London is. If you want to catch what normal life is like, you have to work in quite a small way, a hand-held way, in real places.”

Yet Wonderland is never dowdy. Shots of, say, an average night at the Slug and Lettuce or the bingo hall, or yet another frustrating afternoon at Selhurst Park, are offset by the lithe, buzzing images (a 16mm negative blown up to 35mm), the restlessly inquisitive editing and Michael Nyman’s soaring symphonic score. The result far exceeds anything made during the kitchen-sink period in the breadth of its humanism and the range of its social portraiture, and deserves to be recognised as one of the great achievements of British cinema.

The Scottish actress Shirley Henderson said that working on Wonderland, the first of six collaborations, wasn’t like being on a film set, with “caravans” and co-stars. “You were just waiting on a pavement somewhere.” To help Henderson research her role as the working-class Londoner and single mother Debbie, one of three troubled sisters, Winterbottom sent her on what she called “errands”: going clubbing in character, or visiting the sort of hairdresser at which Debbie worked. Henderson added the details garnered on these field trips to a screenplay, written by Laurence Coriat, that was treated as far from sacrosanct. Speaking generally of her work with Winterbottom, she said: “You know the lines – and you might get to say them, you might not. He might run the scene another five minutes after your lines are finished.”

I asked Henderson how Winterbottom’s toss-the-script-aside approach compared with the process favoured by Mike Leigh, who directed her in Topsy-Turvy. With Leigh, she said, “You improvise for hours to find a honed scene that you shoot the next day. With Michael, it’s a quicker process. You don’t rehearse as such. You’re improvising on film. If he’s not got enough, he’ll just go again and again and again.” At breakfast, Winterbottom, who recoils from analysis, defined his ambitions with a shrug: “Try to keep it simple, get as close to the characters as possible, encourage actors to be spontaneous.”

Wonderland was Winterbottom’s sixth feature film and marked a breakthrough for him, in particular a turn away from the professionalism of Welcome to Sarajevo, his polished, starry account of TV journalists covering the Bosnian War, in favour of a realist aesthetic. He told me that he doesn’t see himself as part of any movement – “What, like Free Cinema? No, no” – but his desire to find an alternative to conventional dramatic narrative connects him to a loose group of artists and writers intent on bringing more “reality” into their work. Prominent among them are the authors David Shields, who mentions Winterbottom in his manifesto Reality Hunger, and Karl Ove Knausgaard, whose My Struggle series Winterbottom has been reading (“I’m very impressed”). But where Shields and Knausgaard have turned away from the novel in favour of more direct, less dissembling forms such as the memoir and the essay, Winterbottom’s desire to get as far away from artifice and as close as possible to hectic, complex, undramatic life has resulted not in a choice of one form that solves all the problems but a sensibility that he brings to a range of genres.

Winterbottom’s war against tidy artifice has taken various forms. Sometimes it is built in to a project’s conception: he made 9 Songs because he thought that his previous love story Code 46 had been timid in the way it presented sex. It has determined his approach to source material. When he was adapting Thomas Hardy’s Tess of the d’Urbervilles as Trishna, he combined the roles of the “spiritual” Alec and the “sensual” Angel because, he told an interviewer, “most people are a combination of both”. But with Jim Thompson’s novel The Killer Inside Me, he took the opposite approach: he found Thompson’s portrait of psychosis so complete, so convincing, that he treated the book “like the Bible”.

Winterbottom’s widely acknowledged formal innovations are a means to an end. I mentioned the editing in his 2008 film, Genova, which constantly prevents exchanges and encounters from settling down into a set piece. He dismissed the idea that he was consciously experimenting. “When you’re making a film, you’re worried about the specifics of what you’re trying to do and then building out from that,” he said. The starting point of Genova is the dynamic between the dad and the two daughters. “I have two daughters [from his 13-year relationship with the teacher and novelist Sabrina Broadbent] and one aspect of the film, like with Wonderland and London, was to portray a relationship that I would recognise. The aim was to not make it dramatic, because your relationships at home aren’t very dramatic.”

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In his diary, Lindsay Anderson – who often quoted the ancient maxim “Character is destiny”– marvelled at Winterbottom’s ability to attend to things that mattered and ignore the things that didn’t. Where Anderson was an idealist and a perfectionist, Winterbottom was “wholly unsentimental” – “conscientious” in tracking down stills, his assigned task, but “quite happy to absent himself from crucial, if routine stages of finishing”.

It was partly a product of breeding. Where Anderson, scarred by boarding school, loved to defy those with power (having a private income helped), Winterbottom attended the local grammar school in Blackburn and grew up in kitchen-sink territory; a scene in John Schlesinger’s 1962 film A Kind of Loving was shot at the factory where his father worked. When he was a teenager, his favourite book was Jude the Obscure, Hardy’s novel about a farm labourer who dreams of going to Biblioll College, Christminster. Winterbottom made it to the real-world version – Balliol College, Oxford – where, in a desultory, distracted way, he studied English. (In 2012 he returned to Oxford to become the first Humanitas Visiting Professor in Film and Television.)

Winterbottom likes to say that he’s simply attracted to good stories and interested in the same things as “everybody else”, but The Emperor’s New Clothes, which came out in April last year, emerged from his personal history. A product of grammar schools and grants, he considers himself a beneficiary of the “social mobility and access” that burgeoned after the Second World War. (He campaigned for Jack Straw in Blackburn in 1979.) “The idea that to be ‘modern’, you need an unregulated free market that helps the rich get richer is bullshit,” he said, adding that its widespread acceptance has been “one of the triumphs of that ideology”. He continued, “We had a phase of about fifty years where what was ‘modern’ was the idea that things will get fairer – there will be a narrowing of the gap, maybe not in a radical way, but at least a general trend in that direction.

“It’s fairly hard to believe that we used to collectively own the water, gas, coal, trains, telephone. People were being taxed at 98 per cent on unearned income, 83 per cent on earned income. Instead, we’ve returned to the 19th-century idea that if you’re born poor, you’re going to stay poor.”

After his English degree, he completed a one-year course in film-making in Bristol. Then he needed a job.

“There was no way I would have been able to hang around and do ‘internships’,” he told me. “I became a trainee assistant film editor at Thames Television” – which is how he came to work for Anderson and where he was given his first professional directing job, on a pair of documentaries about the Swedish director Ingmar Bergman, from whom he learned that if you establish fruitful partnerships and retain a clear sense of what you’re trying to achieve, film-making is “not that hard”. (Bergman may have been “just as complicated psychologically” as Anderson, “but when it came to the work, he was disciplined”.)

In 1993, after the Bergman documentaries and then a run of commissions in television drama, including the opening episodes of Jimmy McGovern’s ITV series Cracker, Winterbottom was itching to make his first feature film. Frank Cottrell Boyce, a friend from Oxford, had written a script entitled Delirious, about car thieves in Liverpool, but it was failing to attract a backer, so they moved on to a new idea: another crime thriller set in Lancashire, but with a difference – it could be done cheaply, with money cobbled together from public funding bodies. “All our anger and frustration about not making the other one went into it,” Winterbottom recalled. “We did it for nothing. It was a very stressful phase. And that was Butterfly Kiss” – in which a pair of chalk-and-cheese lesbians cause havoc on the M6.

In Icons in the Fire, an attack on “practically everyone in the British film industry”, in which Winterbottom is one of the few heads spared, the critic Alexander Walker recalled his surprise when the director followed up Butterfly Kiss with a “period drama”. But Jude – the first of Winterbottom’s three Hardy adaptations – was fast-moving and stark, not at all Merchant-Ivory. After Jude, there came, in swift succession, “Bosnia war reportage, period western, East End soap opera, Ulster social comedy, glam-rock clubland, overland asylum-seeking” – the films in question being Welcome to SarajevoThe ClaimWonderlandWith or Without You24-Hour Party People and In This World. (Walker forgot I Want You, which should probably be characterised as Hastings psychosexual noir – still, somehow, a genre of one.) “Bewildering,” Walker concluded: “at the same time, curiously courageous for a British director.”

***

Winterbottom has continued in this bewilderingly courageous way, combining speed with variety, adding to his genre hoard and keeping the operation small. While former collaborators such as Rachel Weisz and Kate Winslet have been starring in globetrotting thrillers and 3D blockbusters, or, in the case of Christopher Eccleston, David Tennant and Peter Capaldi, playing Doctor Who, Winterbottom has carried on telling intimate tales about what he calls “home, family, things like that”; among them Everyday, a drama about a struggling mother (played by Shirley Henderson) that was shot over five years. Where his near contemporary Danny Boyle went off to make Slumdog Millionaire, Winterbottom made Trishna, an Indian adaptation of Tess, described by its star, Freida Pinto, who was also the lead actress in Slumdog, as “a hardcore independent project”.

Generally, his dealings with the US have been marked by resistance. On its release in 1997, Harvey Weinstein’s company Miramax distributed Welcome to Sarajevo – even screened it at the White House for Bill Clinton. But when Weinstein offered Winterbottom $1.5m to direct Good Will Hunting the director said the script wasn’t good enough. It took him months of conversations with the novelist John Irving to reach the same conclusion about another Miramax project, The Cider House Rules. (Each film won an Oscar for its screenplay.) Winterbottom didn’t make a film on American soil until 2009, when he went to Oklahoma to shoot The Killer Inside Me, a thriller whose violence against female characters prompted outrage and earned him a nomination for the Sexist Pig Award from the Alliance of Women Film Journalists. (He lost out to Mel Gibson.)

On two occasions – both before the sexist pig accusation – he had been approached by women bearing offers too good to refuse. In 2004 Angelina Jolie brought him A Mighty Heart, an adaptation of Mariane Pearl’s memoir about her husband, the murdered journalist Daniel Pearl. Then, a few years later, Naomi Klein approached him to make an archival documentary based on The Shock Doctrine, her book about disaster capitalism. (Klein later changed her mind about the format – she wanted something more topical and responsive – and the film was made without her input.) But on the whole, the ideas for Winterbottom’s films have emerged from Revolution Films, the production company he started with Andrew Eaton in 1994.

In 2001 Winterbottom and Eaton were developing a project about illegal immigrants but couldn’t decide on a starting point. Then the 9/11 attacks happened, and within a few weeks Winterbottom and the writer Tony Grisoni were wandering around a refugee camp in Peshawar, looking for young Afghan men willing to play a version of themselves and do the trip to London for real. (“I thought it was going to be in English,” David Thompson, one of the executive producers of the film that emerged from the trip, recalled. “I was somewhat surprised when it came back in Pashto.”)

The year 2003 marked the high point of Winterbottom’s acclaim. In February, barely a year after Winterbottom had touched down in Peshawar, In This World – the asylum film’s eventual title – was accepted to show at the Berlin International Film Festival, where it won three prizes, including the Golden Bear. When it was released in Britain, the critic Sukhdev Sandhu, who was born in 1970, called it the best British film of his lifetime. Soon afterwards, Winterbottom appeared in a Guardian critics’ poll of the best directors currently practising. The citation announced: “British cinema would be lost without him.”

Peter Bradshaw, the Guardian critic who wrote that citation, has been less impressed with the films he has made in the past decade. “It’s all very good letting narrative and all those traditional things go hang,” he said recently, “but it does make for a rather miscellaneous experience in the cinema.” He described the films’ “rough-and-ready quality”, which he identifies in all Winterbottom’s recent work except for The Killer Inside Me and The Trip, as “more lax than loose”, and added: “I often wonder whether he’s thinking about the next project.”

Eaton identifies misunderstanding in both criticisms. To the idea that Winterbottom’s work since around Wonderland has been lax or slapdash: “Do you have any idea how hard it is to make stuff as natural as that, to have that flow?” To those who say Winterbottom makes too many films: “If Michael was a plumber, and you asked him to do work on your house, he wouldn’t say, ‘Oh, I’m far too creatively exhausted, I couldn’t possibly do it.’ It’s just the next job.”

Thompson offered a more matter-of-fact reflection. “That’s just the way he works –he does these things in a white heat,” said. “He’s finished them before you realise he has shot them. It’s like writing a song. Some film-makers spend two years fiddling with a film. Michael would go crazy. And I don’t think the result would be any better.” (Bradshaw conceded that “part of his mojo is to keep moving – something we critics don’t understand”.)

Thompson added, “Some of his films work better than others – he knows that.” In 1997, when he had made four films, ­Winterbottom reflected on the benefit that Ingmar Bergman derived from a hefty back-catalogue: “There’s actually enough volume that if he does a comedy that doesn’t succeed, it’s merely a blip in the overall work.”

***

A few days after I first interviewed Winterbottom, I went to the Revolution Films office in Clerkenwell, central London, to meet Melissa Parmenter, the composer who is now his regular producer (Eaton serves as an executive producer). Parmenter has a fondness for rhyme: “totes mahotes”, “okey-dokey”, “good plan, Stan”. Instead of “meltdown”, she says “granny panic”. She described Michael Nyman’s music for Wonderland, not inaccurately, as “an insane score – the best score ever”.

At first, Winterbottom and Parmenter, who live together and have a four-year-old son, seem an unlikely partnership. Where Winterbottom can be evasive, perhaps defensive, Parmenter is open and unguarded. She seems clearer about who Winterbottom is than he is. She is also more outwardly passionate. During my talk with Winterbottom, he used the word “love” twice – about Nyman’s music and Robert Altman’s McCabe and Mrs Miller. Parmenter, by contrast, said she “loves”, among other things, The Killer Inside MeGenova, “the melancholy bits of The Trip to Italy”, Nyman, and “the fact that Michael does what he wants”. But under the Noughties colloquialisms and granny-panic veneer, Parmenter is grounded and – to use a phrase that she might – on it, a total convert to Winterbottom’s heads-down ethos. She resembles her own description of Tracey Emin, whose 2004 film Top Spot she produced: “She looked like she had no idea what she was doing, but she knew totally what she was doing.”

“We make quite different films,” she told me. “It’s weird. What’s Michael’s most commercial film? But he doesn’t aim for that. He just makes what he wants to make.”

I asked Parmenter why he is so good at winning permission to do that. “Well, the idea of all his films is interesting. I mean, Road to Guantanamo: who wouldn’t want to see the story of the Tipton Three? It’s got to be made. Or 9 Songs – we’re going to show real sex. Filming Everyday over five years – that’s an amazing idea. We went to Tessa Ross at Channel 4 and said, ‘We’re going to film these people doing nothing.’ She said, ‘Here’s £1.1m. Bye!’ Obviously we reported back to them.”

It must help, I said, that there hadn’t been any disasters.

“That’s down to Michael. He’s so aware of all levels of the film-making process. He’s got his fingers in all the pies. It gets a bit much sometimes. [As Winterbottom told me, “When you’re a director, everything that happens is kind of your fault.”] But if you’re doing a small film, you can’t say, ‘Actors aren’t allowed trailers’ – if there’s a trailer even anywhere near, he goes mental – and then turn around and say, ‘I don’t want to know anything about the budget.’”

When I caught up with Winterbottom last summer, he expressed some frustration that The Emperor’s New Clothes – the documentary with Russell Brand – hadn’t been shown more widely, and that The Face of an Angel – the Amanda Knox drama– had been rounded on by British critics. Yet it was clear that his heart wasn’t really in it: both films were well on their way to becoming past obsessions. He’d been up at 6.30 that morning, doing rewrites for a new project, Russ and Roger Go Beyond, a comedy starring Will Ferrell, about the making of Russ Meyer’s camp musical Beyond the Valley of the Dolls. (I asked if Ferrell was someone he knew socially and he replied: “No, strangely not.”) Although the script originated in Hollywood and the production, based in Los Angeles, would almost certainly involve trailers, Winterbottom talked about Russ and Roger less as a necessary commercial compromise (“the money isn’t vastly better”) than as a much-needed break. He reminded me that “developing a film from scratch comes with a burden of effort”.

Still, it turned out that his heart wasn’t really in that one, either. Just before the end of the year, he quit. Someone muttered something about creative differences. Burdensome or not, it seems he prefers success – and failure – on his own terms: working under the Revolution banner with a small, familiar crew and room for improvisation with actors he calls friends. It is said he’s getting ready to shoot The Trip to Spain.

Leo Robson is the New Statesman’s lead fiction critic

Leo Robson is the lead fiction reviewer for the New Statesman.

This article first appeared in the 28 January 2016 issue of the New Statesman, Should Labour split?