Netflix filed a motion Friday to throw out Tyra Banks‘ defamation suit over a documentary series about “America’s Next Top Model,” arguing that Banks is taking issue with routine editorial decisions. Banks sued in June, accusing Netflix and the show’s directors, Mor Loushy and Daniel Sivan, of falsely portraying her as having been insensitive to a contestant who said she was a victim of sexual assault. Banks sat for a three-hour interview for the docuseries, “Reality Check: Inside America’s Next Top Model,” though the producers used only about 16 minutes.
In their motion to strike the complaint, Netflix’s lawyers argued that Banks’ dissatisfaction with the series does not amount to defamation. They also argue that the suit complains about editing decisions of the sort that were routinely made on “America’s Next Top Model.” “Banks understands editorial discretion,” the filing states. The Documentary simply turned that editorial lens back on ANTM and Banks.
Her disagreement with the resulting portrayal does not make it defamatory.” Banks argues that her interview was deceptively edited to make it appear that she forgot about the contestant, Shandi Sullivan, who alleges she was assaulted during the show’s second season in Milan. On the Netflix series, Banks is asked if if she remembers Sullivan, and says “um” and looks toward the ceiling. The show then cuts, ending the first episode in a cliffhanger.
Banks argues that her full answer was left out, and that if included, it would have made clear that she did remember Sullivan’s story. In response, Netflix’s lawyers note that her answer — “I do remember her story” — was included at the beginning of the second episode. The company’s lawyers noted that Banks had signed a standard waiver giving up creative control over the project.
The three-episode docuseries, released in February, was part of a broader reappraisal of “America’s Next Top Model,” which ran for 24 seasons between 2003 and 2018. The documentary spotlighted some harsh criticisms of the show and of Banks. In a statement, Netflix said it stands by the series and the directors.
We stand behind ‘Reality Check: Inside America’s Next Top Model’ and will continue to vigorously defend it.”
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