Netflix Artistic License Defense Fails as Judge Allows 'Inventing Anna' Defamation Suit to Proceed

A federal judge in Delaware has refused a throw out a defamation suit against Netflix tied to the 2022 hit limited series Inventing Anna, rejecting the streaming company's argument that it has First Amendment protection on the grounds of artistic license.

The ruling could reveal broader legal exposure for Netflix, which has been accused in the past of taking artistic license for biographical portrayals on other shows, including The Crown.

The lawsuit was filed by former Vanity Fair staffer Rachel DeLoache Williams, a friend of Inventing Anna's principal subject, German socialite grifter Anna Sorokin, who served a four-year prison sentence for defrauding hotels and other businesses of more than $200,000 and is now in the process of being deported.

Williams argues that the miniseries, created by hit maker Shonda Rhimes, portrays her as "a greedy, snobbish, disloyal, dishonest, cowardly, manipulative and opportunistic person."

One of the plaintiff's assertions that was supported by the judge: In Inventing Anna, Williams is portrayed as having abandoned her broken friend, Sorokin, in Morocco after the socialite could no longer give her money. Williams claims that Sorokin knew all along she was leaving the trip early, and that Sorokin's sobbing protestations portrayed in the miniseries were merely performative.

Netflix's lawyers unsuccessfully argued that "to allow constitutionally-protected artistic expression to flourish, content creators like Netflix must be allowed some breathing space to interpret the actions and decisions of those involved in a public controversy like the Sorokin trial."

Debuting in February 2022, Inventing Anna was a hit for Netflix, generating nearly 200 million hours of platform viewing during its second week of release.