American supermodel Tyra Banks is suing Netflix for defamation, but legal experts say she faces an uphill battle. The lawsuit, filed in California, concerns the docuseries Reality Check: Inside America's Next Top Model, released in February. Banks claims the program defamed her by portraying her as knowingly permitting sexual assault and exploiting contestant trauma.
The Background of the Case
On June 13, Banks filed a defamation lawsuit in the District Court of the Central District of California against Netflix, directors Daniel Sivan and Mor Loushy, and EverWonder Studio. The docuseries revisits the controversial practices of America's Next Top Model (2003-2018), which Banks created and hosted. After its release, Banks faced public criticism for not taking accountability for the show's alleged exploitation of contestants.
Banks' lawsuit cites damage to her Australian ice cream business, SMiZE & DREAM, whose online ratings dropped over 20% after viewers posted retaliatory reviews. She argues that the docuseries used only 16 minutes of her three-and-a-half-hour interview, stripping context and creating a false narrative. She specifically objects to the implication that she knowingly allowed a contestant to be sexually assaulted, exploited trauma for ratings, and appeared not to recall the incident.
Legal Hurdles for Banks
The first obstacle is any waiver Banks signed during production. Reality TV participants often sign agreements relinquishing the right to sue, except in cases of wilful misconduct or gross negligence. Banks alleges the producers acted wilfully and maliciously, rendering the waiver inapplicable.
Her agreement with Netflix included promises not to edit her in a defamatory manner or replace her words to change meaning materially. Banks claims these obligations were breached. However, her biggest challenge is proving actual malice, as required for public figures under US defamation law. The standard from New York Times v. Sullivan (1964) requires showing Netflix knew statements were false or acted with reckless disregard for the truth.
Why Sue in the US?
Banks could have filed in Australia, where she resides and runs her business, but chose the US. Suing where defendants are based increases the chance of enforcing damages. While US courts impose a high burden, they also offer uncapped punitive damages, which Banks is seeking.
Lawsuits as a PR Tool
Celebrity defamation suits often serve to counter negative narratives, even if winning is unlikely. Banks may be using the lawsuit to share her side. However, it also risks drawing more attention to allegations. The case could take years unless settled. If it goes to trial with a jury, the verdict might be announced with a nod to Banks' famous catchphrase: 'Two of you stand before me, but I only have one picture in my hands...'
