Streaming series wrestle with the “true” in true stories

The Future. Audiences love true crime series and documentaries, which has led to a rush of content over the years. But as output has increased, so, too, have defamation lawsuits from the real-life people portrayed. If one of the outstanding cases does lead to a major legal loss for streaming or cable platforms, expect there to be a pullback in the genre, as creators will need to go through extra vetting processes if they hope to get a green light.

True lies, fake facts
“Based on a true story” is never as cut and dry as people expect.

• Netflix, Max, and Hulu have all been hit with defamation lawsuits from subjects featured in projects who claim to be wrongly or unfairly portrayed.
• Netflix, in particular, has been hit with over 20 suits since 2019, including high-profile projects like Baby Reindeer, When They See Us, and The Queen’s Gambit.
• The ongoing Baby Reindeer case has become an addictive hit all on its own — the real-life Martha is suing for $170 million after the show purported that she was convicted of stalking creator/star Richard Gadd when, in fact, she wasn’t.

Is it possible that simply the accessibility of content, or the increase in shows, is the culprit for the rise in defamation cases? Maybe. But with Sheila Nevins, HBO’s former head of documentaries, saying, “As the field became more competitive, the rules automatically let go a little bit,” there may also be a little more creative negligence at play.

Still, streamers win many of these rulings or are able to settle quietly (defamation suits are notoriously difficult for plaintiffs to win), but the costs associated are making true crime projects more expensive — such as raising the price of insurance that covers “errors and omissions.”

We guess you need to stretch a dollar to stretch the truth.