But if someone can convincingly claim that he or she was harmed by what the screenwriters concocted, that’s grounds for a serious libel suit, said Jean-Paul Jassy, a media and First Amendment lawyer. business in Los Angeles.
“A disclaimer is not a panacea,” he said.
“And this is where it gets really tricky with docudramas,” added Mr. Jassy. “A court might say, ‘I understand there are fictionalized elements in your show. But you used the name of a real person, and you presented as fact something that is false and damages their reputation.’”
Lawsuits fail more often than not because very few fans of these shows are likely to believe they are watching history as it literally unfolds. Of course, Hollywood has always amped up the drama when telling — and selling — true stories.
But when shows like “The Crown” become so popular because — at least to some degree — viewers think they’re getting an education, the liberties writers take go beyond dramatic licensing, those who have an interest in getting the facts straight to get.
Hugo Vickers, a British journalist who has fact-checked episodes of “The Crown” for The Sunday Times and is the author of several books about the monarchy, called some of what happened in the show’s five seasons “a complete perversion of history”. .”
“They do it all the time,” said Mr. Vickers. “And they don’t care.”
Netflix added a disclaimer after criticism from high society about the inaccuracies in ‘The Crown’, including from famous British actress Judi Dench and former Prime Minister John Major over a scene depicting an imagined conversation between Mr Major and Prince Charles about the Queen. was depicted. possible abdication. But the disclaimer, which says the series is “inspired by real events,” didn’t appear on the show itself, but rather on the press materials and in the trailer, which aired on YouTube.
A disclaimer also appears on the HBO show about the Lakers, which says in part, “This series is a dramatization of certain facts and events.” But Mr. West, the former coach, and some of his players thought that was wholly inadequate. Through his attorney, Mr. West demanded an apology from HBO, saying the show “falsely and cruelly” defamed him as an “out of control, intoxicated rage addict.”
