As a seasoned film reviewer with a background in media law, I find myself intrigued by the ongoing legal battle between Netflix and three women suing over the documentary “Our Father.” While I appreciate the streamer’s commitment to uncovering hidden truths in true crime documentaries, I must admit that this case presents a unique conundrum.
Netflix significantly transformed television, particularly through the popularization of true crime shows. However, this genre has also led to an increased workload for Netflix’s legal department.
For each popular show such as “Baby Reindeer,” “Making a Murderer,” or “Inventing Anna,” there are individuals who claim they have been unfairly represented and take legal action for slander or libel (defamation).
The latest case offers an unusual twist.
A trio of females have initiated a lawsuit against Netflix in a federal court, allegedly due to the 2022 documentary titled “Our Father” that exposes Donald Cline, a fertility specialist from Indiana, as the father of 94 unknowing children.
The women aren’t alleging that Netflix made any mistakes. Instead, they have filed a lawsuit over “disclosure of private information,” contending that the documentary revealed them to be Cline’s “hidden offspring.
Publishers have considerable freedom to share factual information, but there are specific, sensitive personal details that it is unlawful to reveal. In a 1993 court case, Judge Richard Posner described this type of information as intimate physical facts that would cause not just embarrassment and distress, but profound shock, if made public.
Information of this nature can continue to be shared if it’s significant. For instance, back in 1976, the Des Moines Register disclosed a story about an 18-year-old woman who underwent unwanted sterilization while residing in a county home. The Iowa Supreme Court deemed this article, which revealed the woman’s identity, as protected speech because the topic of forced sterilization was one of “public importance.
Netflix argued that the same logic applied in the case of “Our Father.”
The story began when several adults in Indiana discovered they were half-siblings after sending DNA samples to 23andMe. They discovered that Cline was their biological father, and that they had many more half-siblings. Two of them alerted the local media, and the case drew wide attention when it was first reported in 2015. The case resulted in the passage of state laws criminalizing “fertility fraud.”
A number of the family members were subsequently reached out to by a documentary creator, seeking their involvement in the project. Considering the delicate nature of the situation, he assured them that their identities wouldn’t be disclosed unless they gave consent.
Eight individuals consented to take part in the “Our Father” interview, as well as three of Cline’s clients, each having given their consent by signing a waiver.
Initially, when the movie premiered, it showcased scenes featuring the 23andMe website. This particular section of the site had the names of three women who declined to come forward publicly. In essence, this film exposure indicated that these three women were also among Cline’s offspring. Notably, two of their names were highlighted even in the documentary trailer as well.
2022 saw these women filing a lawsuit, claiming that the unlawful exposure of their information had inflicted damage to their reputation, caused distress, embarrassment, and emotional turmoil upon them.
As a devoted viewer, I was thrilled when Judge Tanya Walton Pratt granted a summary judgment on October 8th, permitting two women to take their case against Netflix all the way to trial. Netflix had attempted to dismiss the suit, but it seems justice will be served after all!
The judge stated that Netflix neglected to conceal the women’s names, even though they were aware that the plaintiffs desired anonymity and understood that revealing their identities could potentially result in harm.
Netflix contended that the names were briefly mentioned, yet they felt it necessary to disclose these specifics to emphasize “the impact Dr. Cline’s actions truly had on actual individuals.
Pratt rejected that defense, finding that the women’s privacy interests outweighed the newsworthiness of their identities.
The manner in which Defendants invaded Plaintiffs’ privacy resulted in hundreds of millions of people worldwide viewing their names in the Trailer and Movie, as noted by the judge. This case is not about Plaintiffs’ names being essential to add credibility or authenticity to the Film’s narrative.
The judge additionally determined that the content in question contained extremely private details that could cause damage if disclosed. She referenced internal communications and promotional materials from Netflix, which labeled the story as “extremely eerie,” “chilling,” “nightmarish” and a scenario where “real life feels like a horror movie.
Netflix contended that the women’s identities weren’t concealed due to several reasons: They submitted their DNA to 23andMe, became part of a confidential Facebook group regarding Cline’s hidden offspring, and openly discussed the case on Instagram.
The judge didn’t find the given argument compelling for two females because he believed they had a right to privacy while posting within a private Facebook group, and they hadn’t disclosed sufficient information publicly to tie them to the case at hand.
As a movie buff, I discovered that another woman had gone above and beyond to bring attention to her connection with the case. This lady openly acknowledged herself as one of Cline’s secret children to Angela Ganote, the journalist who first broke the news, as well as on Kate Hudson’s podcast centered around siblings. She even extended a cheerful National Siblings Day greeting to her numerous brothers and sisters on her private Instagram account, which ultimately led the judge to dismiss her claims, as it was evident she had broken the secrecy.
In the court hearing, the judge granted both additional women the right to present their cases and seek penalties beyond compensation. Originally, they had filed their lawsuit anonymously. However, as the trial was ongoing, a ruling was made that necessitated them to disclose their true identities in order to carry on with the case. They complied with this requirement.
Netflix declined to comment on the ruling.
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2024-10-23 18:18