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Why on earth would an artist apologize for insulting someone in a work of fiction, even if that fictional work was inspired by real events? Imagine all the apol
by rsj_hn 5y ago
Why on earth would an artist apologize for insulting someone in a work of fiction, even if that fictional work was inspired by real events? Imagine all the apologies that would be required if every historical portrayal needed to apologize for not being accurate to the underlying events in some aspects? It would be the end of historical fiction, particularly in our current era of tender feelings. Netflix does not owe anyone an apology here.
- rkk3 5y agoSo why do we have libel laws?
- throwaway675309 5y agoThe show features a fictional character named Beth Harmon, so I'm not really sure libel law would apply here.
- AnimalMuppet 5y agoBecause in the fictional show, they lied about a real (non-fictional) person.
- deleted 5y ago[deleted]
- Veen 5y agoIs a fictional lie really a lie? After all, it’s not intended to be taken as true in the first place.
- rsj_hn 5y agoWe certainly do not have libel laws to prevent people from being offended by art.
- rkk3 5y agoSo you think we should have libel laws but "Art" should be exempt?
- rsj_hn 5y agoYes, all fiction should be exempt and public figures should be almost entirely exempt -- Wait! that's the law right now. Please don't invent your own fantasy version of libel law. Well, you can, of course, but don't expect success in the courts.
- rkk3 5y agoIf that were true then the suit will be dismissed in court. But from literally the first google search of 'is fiction exempt from libel'. > Even if the work contains a disclaimer stating that it’s fictional, a libel claim can still arise. However, plaintiffs must clear certain hurdles. In order to state an actionable claim for defamation, a plaintiff must show: publication, defamatory meaning, false statement, identification and damages. In libel suits arising out of fiction, arguably the toughest hurdle for plaintiffs to clear is the identification, or “it’s me” requirement. https://www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-speech-2/arts-first-amendment-overview/libel-in-fiction/#:~:text=In%20libel%20suits%20arising%20out,%E2%80%9Cof%20and%20concerning%E2%80%9D%20requirement https://www.freedomforuminstitute.org/first-amendment-center.... Do you think Netflix is going to claim they were referring to a different female chess world champion with the same name?
- rsj_hn 5y agoI am glad that you finally understand -- or at least its beginning to dawn on you -- that this is a transparent attempt at a shakedown with no legal merit. Netflix will not lose this case. But the purpose of the case is to threaten Netflix with bad publicity not with legal damages -- after all a woman was offended! She was exploited by Big Bad Netflix! And already there are lots of people cheering her on as some kind of victim and all that's happened so far was that the paperwork for the suit has been filed and of course an immediate press release was sent out and ant-netflix reporters were recruited to begin writing hitpieces on Netflix. The case may well be dismissed, and if it's not dismissed, it has virtually no chance of succeeding. But that may be a while from now, and in the meantime Netflix is suffering bad PR. I'm sure it can all go away for the right payment, though.
- quantified 5y agoMaybe because the artist felt like the statement the artist was making was less important than being shown to be a dick? If the artist feels that the statement is more important, by all means they refuse.
- deleted 5y ago[deleted]