Netflix Artistic License Defense Fails as Judge Allows 'Inventing Anna' Defamation Suit to Proceed
Long known to take artistic license with some of its subjects, Netflix now has a legal battle on its hands
A federal judge in Delaware has refused a throw out a defamation suit against Netflix tied to the 2022 hit limited series Inventing Anna, rejecting the streaming company's argument that it has First Amendment protection on the grounds of artistic license.
The ruling could reveal broader legal exposure for Netflix, which has been accused in the past of taking artistic license for biographical portrayals on other shows, including The Crown.
The lawsuit was filed by former Vanity Fair staffer Rachel DeLoache Williams, a friend of Inventing Anna's principal subject, German socialite grifter Anna Sorokin, who served a four-year prison sentence for defrauding hotels and other businesses of more than $200,000 and is now in the process of being deported.
Williams argues that the miniseries, created by hit maker Shonda Rhimes, portrays her as "a greedy, snobbish, disloyal, dishonest, cowardly, manipulative and opportunistic person."
One of the plaintiff's assertions that was supported by the judge: In Inventing Anna, Williams is portrayed as having abandoned her broken friend, Sorokin, in Morocco after the socialite could no longer give her money. Williams claims that Sorokin knew all along she was leaving the trip early, and that Sorokin's sobbing protestations portrayed in the miniseries were merely performative.
Netflix's lawyers unsuccessfully argued that "to allow constitutionally-protected artistic expression to flourish, content creators like Netflix must be allowed some breathing space to interpret the actions and decisions of those involved in a public controversy like the Sorokin trial."
Debuting in February 2022, Inventing Anna was a hit for Netflix, generating nearly 200 million hours of platform viewing during its second week of release.
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Daniel Frankel is the managing editor of Next TV, an internet publishing vertical focused on the business of video streaming. A Los Angeles-based writer and editor who has covered the media and technology industries for more than two decades, Daniel has worked on staff for publications including E! Online, Electronic Media, Mediaweek, Variety, paidContent and GigaOm. You can start living a healthier life with greater wealth and prosperity by following Daniel on Twitter today!