Blurred lines between fact and fiction, such as Netflix’s “Little Reindeer,” often lead to lawsuits

go through Mattie Morwood ABC

“Based on a true story…”

Five little words.

When they appear on TV screens, viewers know they are in for a treat.

For streaming giants like Netflix, limited series and movies based on sports underdogs, grisly crimes and stories of endurance often bring success.

But the leap from real life to screen can be complicated, and content creators can get stuck in their pursuit of “real life” storytelling.

This month, a Scottish woman claimed she was the real-life ‘Martha’ NZ$276 million lawsuit filed Sues Netflix over role in hit TV series Baby Reindeer.

But how often does this actually happen, and how does it happen?

Baby Reindeer

In the case of Fiona Harvey, the woman said she was Richard Gadd’s Netflix limited seriesDavid Rolph, a professor at Sydney University’s law school, said the issue was complex because it involved the legality of “self-identification” and the consequences for online sleuths.

Harvey is suing Netflix for $US170 million (NZ$275 million), claiming she has been harassed by people from all over the world because of her role as Martha in the show.

Professor Rolfe, one of Australia’s leading experts on defamation law, said Gad’s situation was unique because he had tried to remain anonymous but Harvey had come forward – most likely due to the work of the long-time online detective.

“There’s an interesting causality question here: If you believe you were the inspiration for the story, can you really blame someone else for the damage to your reputation?”

Netflix said in a statement to ABC News that it “will vigorously defend this matter and support Richard Gad’s right to tell his story.”

Inventing Anna

Audiences around the world were glued to their screens to watch this con man’s bizarre true story unfold Anna Delveyalso known as Anna Sorokin, in Netflix’s limited series Inventing Anna.

But one person doesn’t think so.

Rachel DeLoache Williams, a former Vanity Fair staffer who dumped Sorokin on the show and then ratted her out to authorities, is suing Netflix, saying she was falsely portrayed as “immoral” and “greedy” in 16 different statements on the show.

Williams’ attorney, Alexander Rufus Issacsim, said the case was based on the show’s use of Williams’ real name.

“If they want to create an unpleasant character, they can’t use a real person’s name unless everything they say is absolutely correct,” he told the Law & Crime Network Podcast.

Professor Rolfe said that in order to make a limited series or feature film, some artistic license must be taken.

“But the degree of authenticity people expect from something based on ‘real life’ can vary from person to person, which of course can cause difficulties for content creators and the people they represent with their content,” he said.

When they see us

A gang of teenage boys was wrongly convicted of raping a jogger, and the case was adapted into a Netflix miniseries When they see usthe show got into legal trouble over its allegedly inappropriate portrayal of one of its main characters.

Former Manhattan prosecutor Linda Fairstein is suing Netflix and film director Ava DuVernay, accusing them of portraying her as a “racist, immoral villain.”

However, DuVernay remained firm on Fairstein’s performance and issued a statement, sparking widespread discussion.

“I hold Linda Fairstein responsible for the investigation and prosecution of the Central Park Jogger case, which resulted in the wrongful conviction of five innocent Black and brown boys,” DuVernay said in a statement.

The case was settled out of court, with Netflix donating $1 million to a social justice organization that defends those who have been wrongfully incarcerated, and Fairstein receiving no money.

Queen’s Gambit

The Queen’s Gambitis a Netflix limited series about chess prodigy Beth Harmon that is unique in that it was marketed as fictional but still got into legal trouble — all because of one line of dialogue.

In 2022, Georgian chess grandmaster Nona Gaprindashvili sued Netflix over a line in the show’s finale that falsely stated she had “never faced a man.”

The lawsuit alleges that Gaprindashvili, the first woman to be awarded the title of chess grandmaster, has played against and defeated “the best male chess players in the world,” Forbes writes.

She claimed in the lawsuit that the remark was a “grossly sexist and derogatory” description of her and sought $5 million in damages.

Netflix told Forbes that Gaprindashvili’s case was “without merit,” but agreed to a settlement a few months later.

Professor Rolfe said it was clear that people liked to read true or fact-based stories, but this continued to raise a host of ethical and legal issues.

Sometimes, he said, it doesn’t matter whether creators say their show is based on a true story.

“The question is always, looking at what has been published, broadcast or circulated, whether a reasonable person could have identified the person being prosecuted based on what is being described”.

–ABC