By ANI
WASHINGTON: A request by Netflix to dismiss a lawsuit filed by a Georgian chess grasp who alleged that she was defamed in an episode of the Emmy profitable present ‘The Queen’s Gambit,’ has been refused.
As per Variety, Nona Gaprindashvili, who rose to prominence as a chess participant within the Soviet Union within the Nineteen Sixties, sued Netflix in federal court docket in September.
She took subject with a line within the collection during which a personality said — falsely — that Gaprindashvili had “never faced men.” Gaprindashvili argued that the road was “grossly sexist and belittling,” noting that she had in truth confronted 59 male opponents by 1968, the yr during which the collection was set.
Netflix sought to have the go well with dismissed, arguing that the present is a piece of fiction and that the First Amendment offers present creators broad creative license.
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But in a ruling on Thursday, US District Judge Virginia A. Phillips disagreed, discovering that Gaprindashvili had made a believable argument that she was defamed. Phillips additionally held that works of fiction aren’t immune from defamation fits in the event that they disparage actual folks.
“Netflix does not cite, and the Court is not aware, of any cases precluding defamation claims for the portrayal of real persons in otherwise fictional works. The fact that the Series was a fictional work does not insulate Netflix from liability for defamation if all the elements of defamation are otherwise present,” Phillips wrote, as per the authorized paperwork obtained by Variety.
Based on a 1983 novel by Walter Tevis, ‘The Queen’s Gambit’ follows a fictional American character, Beth Harmon, who turns into a global chess champion within the Nineteen Sixties. In the ultimate episode, set in Moscow, Harmon defeats a male competitor.
A chess announcer explains that her opponent underestimated her, “Elizabeth Harmon’s not at all an important player by their standards. The only unusual thing about her, really, is her sex. And even that’s not unique in Russia. There’s Nona Gaprindashvili, but she’s the female world champion and has never faced men.”
Netflix argued that the present creators meant no offence to Gaprindashvili and that it had relied on two chess specialists in an effort to get the main points proper.
“The Series’ reference to Plaintiff was intended to recognize her, not disparage her,” the streamer’s legal professionals argued as per Variety.
In her ruling, Phillips famous that the present’s theme entails breaking gender boundaries. But, as per the outlet, she mentioned, the present may very well be seen as build up the achievement of the fictional Harmon by dismissing these of the real-life Gaprindashvili.
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“An average viewer easily could interpret the Line, as Plaintiff contends, as ‘disparaging the accomplishments of Plaintiff’ and ‘carr[ying] the stigma that women bear a badge of inferiority’ that fictional American woman Harmon, but not Plaintiff, could overcome. At the very least, the line is dismissive of the accomplishments central to Plaintiff’s reputation,” the decide wrote as per the authorized paperwork obtained by Variety.
Phillips additionally dominated that viewers would possibly depart the present with the misunderstanding that Gaprindashvili had by no means confronted males.
Netflix famous that ‘The Queen’s Gambit’ featured a typical disclaimer, stating that “the characters and events depicted in this program are fictitious. No depiction of actual persons or events is intended.”
But the decide dominated that was not sufficient to dispel the notion that the present was asserting a factual declare.
“In context, therefore, Netflix ‘creat[ed] the impression that [it] was asserting objective facts,'” “Plaintiff sufficiently pleads falsity because the Line is ‘reasonably susceptible of an interpretation which implies a provably false assertion of fact,'” Phillips wrote as per Variety.
