Netflix Moves to Dismiss Tyra Banks’ Defamation Lawsuit Over 'America’s Next Top Model' Docuseries
Photo Credit: Netflix
by Chris Tremblay Aug 18
3 MIN READ
Netflix has filed an anti-SLAPP motion and a motion to dismiss Tyra Banks’ defamation lawsuit concerning the docuseries Reality Check: Inside America’s Next Top Model.
In a statement provided to ABC News, a Netflix spokesperson said the company stands behind the series and intends to “vigorously defend” it in court.
“Tyra Banks was given the opportunity to speak openly about her experience and the creators fairly presented her perspective alongside those of every other participant shown in this documentary,” the spokesperson said.
Netflix added that directors Daniel Sivan and Mor Loushy are “respected documentarians” who thoroughly interviewed people connected to America’s Next Top Model.
The filings were submitted after Banks sued Netflix, the documentary’s directors and production companies in June, alleging that the finished series falsely represented her conduct and responsibilities as the creator and host of America’s Next Top Model.
Banks’ lawsuit centers on the way the docuseries edited her interview. She said she participated in an interview lasting approximately three and a half hours, but that only about 16 minutes of the interview appeared in the series.
According to the complaint, producers removed context in which Banks accepted responsibility for some decisions associated with the show’s controversial history.
Banks alleges that the editing used “selective editing, deliberate omission, and surgical manipulation” to create what she describes as a false and defamatory narrative.
Her complaint specifically disputes the impression that she knowingly permitted a contestant to be sexually assaulted, used the contestant’s trauma to increase the program’s ratings and later could not remember the incident.
The allegation relates to Cycle 2 contestant Shandi Sullivan, whose experience during the show’s production is discussed in the docuseries. Banks objects to a sequence in which she is asked whether she remembers Sullivan’s story and responds, “um,” before the picture cuts to black.
Banks argues that the sequence creates a “devastating and deliberate” implication that she could not remember the incident.
Netflix’s motion describes Banks’ claims as objections to “ordinary editorial decisions.” The company argues that documentary filmmakers decide whom to interview, which questions to ask, which answers to include, how to arrange differing accounts and what material to leave out.
The filing says Banks agreed that the filmmakers would control those decisions when she participated in the interview.
Netflix says Banks signed an agreement granting the filmmakers permission to edit her interview and acknowledging that she had no right to review or approve the completed documentary.
The company also argues that the agreement released claims arising from the documentary, including claims for defamation and false light.
Netflix’s position is that Banks is dissatisfied with how much of her interview was used, the way the material was edited and the manner in which her perspective was presented, but that such dissatisfaction does not establish defamation.
Banks is seeking unspecified damages and a jury trial, according to reporting based on the federal complaint.
The lawsuit names Netflix, Sivan, Loushy and EverWonder Studio among the defendants.
The complaint also includes claims involving false light, defamation by implication, breach of contract and alleged false endorsement connected to the docuseries’ soundtrack.
Banks alleges that the series damaged her professional opportunities, income and emotional well-being.
The lawsuit followed the release of *Reality Check*, which examines the legacy of *America’s Next Top Model* through interviews with former contestants, producers and Banks.
Netflix and the other defendants are asking the court to reject Banks’ claims before the case proceeds to a full trial.
Deadline reported that Netflix’s motion seeks an October 30 hearing in Los Angeles Superior Court.
The court has not yet ruled on Netflix’s motions, and the lawsuit remains pending.
The dispute therefore remains focused on two competing accounts of the documentary process: Banks says the editing transformed her interview into a misleading portrayal, while Netflix says the series accurately presented her perspective and that editorial choices are protected rather than defamatory.
“Tyra Banks was given the opportunity to speak openly about her experience and the creators fairly presented her perspective alongside those of every other participant shown in this documentary,” the spokesperson said.
Netflix added that directors Daniel Sivan and Mor Loushy are “respected documentarians” who thoroughly interviewed people connected to America’s Next Top Model.
The filings were submitted after Banks sued Netflix, the documentary’s directors and production companies in June, alleging that the finished series falsely represented her conduct and responsibilities as the creator and host of America’s Next Top Model.
The Dispute Over Editing
Banks’ lawsuit centers on the way the docuseries edited her interview. She said she participated in an interview lasting approximately three and a half hours, but that only about 16 minutes of the interview appeared in the series.
According to the complaint, producers removed context in which Banks accepted responsibility for some decisions associated with the show’s controversial history.
Banks alleges that the editing used “selective editing, deliberate omission, and surgical manipulation” to create what she describes as a false and defamatory narrative.
Her complaint specifically disputes the impression that she knowingly permitted a contestant to be sexually assaulted, used the contestant’s trauma to increase the program’s ratings and later could not remember the incident.
The allegation relates to Cycle 2 contestant Shandi Sullivan, whose experience during the show’s production is discussed in the docuseries. Banks objects to a sequence in which she is asked whether she remembers Sullivan’s story and responds, “um,” before the picture cuts to black.
Banks argues that the sequence creates a “devastating and deliberate” implication that she could not remember the incident.
Netflix’s Legal Argument
Netflix’s motion describes Banks’ claims as objections to “ordinary editorial decisions.” The company argues that documentary filmmakers decide whom to interview, which questions to ask, which answers to include, how to arrange differing accounts and what material to leave out.
The filing says Banks agreed that the filmmakers would control those decisions when she participated in the interview.
Netflix says Banks signed an agreement granting the filmmakers permission to edit her interview and acknowledging that she had no right to review or approve the completed documentary.
The company also argues that the agreement released claims arising from the documentary, including claims for defamation and false light.
Netflix’s position is that Banks is dissatisfied with how much of her interview was used, the way the material was edited and the manner in which her perspective was presented, but that such dissatisfaction does not establish defamation.
What Banks Is Seeking
Banks is seeking unspecified damages and a jury trial, according to reporting based on the federal complaint.
The lawsuit names Netflix, Sivan, Loushy and EverWonder Studio among the defendants.
The complaint also includes claims involving false light, defamation by implication, breach of contract and alleged false endorsement connected to the docuseries’ soundtrack.
Banks alleges that the series damaged her professional opportunities, income and emotional well-being.
The lawsuit followed the release of *Reality Check*, which examines the legacy of *America’s Next Top Model* through interviews with former contestants, producers and Banks.
Next Steps in Court
Netflix and the other defendants are asking the court to reject Banks’ claims before the case proceeds to a full trial.
Deadline reported that Netflix’s motion seeks an October 30 hearing in Los Angeles Superior Court.
The court has not yet ruled on Netflix’s motions, and the lawsuit remains pending.
The dispute therefore remains focused on two competing accounts of the documentary process: Banks says the editing transformed her interview into a misleading portrayal, while Netflix says the series accurately presented her perspective and that editorial choices are protected rather than defamatory.
Copyright EDGE Media Network. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
