Netflix has filed a motion to dismiss Tyra Banks’ defamation lawsuit concerning a documentary series on “America’s Next Top Model.” The company contends that Banks’ grievances pertain to standard editorial choices.
In June, Banks initiated the lawsuit, accusing Netflix and the directors, Mor Loushy and Daniel Sivan, of misrepresenting her as unsympathetic to a contestant claiming to have been sexually assaulted. Banks participated in a three-hour interview for the docuseries “Reality Check: Inside America’s Next Top Model,” yet only 16 minutes were used.
Netflix’s legal team, in their motion to strike the complaint, argued that Banks’ dissatisfaction with the series doesn’t constitute defamation. They further assert that her lawsuit concerns editing decisions similar to those regularly made on “America’s Next Top Model.”
According to the filing, “Banks understands editorial discretion,” as she hosted and produced 24 seasons of ANTM, making similar editorial decisions. The documentary merely applied that editorial lens back on ANTM and Banks, and her disagreement with the portrayal doesn’t render it defamatory.
Banks contends that her interview was edited to imply she forgot about Shandi Sullivan, a contestant who claimed she was assaulted during the show’s second season in Milan. In the series, Banks is shown hesitating when asked about Sullivan, which ends the first episode on a cliffhanger.
Banks insists her complete response, which would have shown she remembered Sullivan’s story, was not included. Netflix’s lawyers, however, note that her acknowledgment, “I do remember her story,” appears at the start of the second episode.
The filing states, “A documentary expressly showing Banks remembering does not imply that she forgot.”
Netflix’s attorneys highlighted that Banks signed a waiver relinquishing creative control over the project.
The three-part docuseries, released in February, is a reevaluation of “America’s Next Top Model,” which aired for 24 seasons from 2003 to 2018. The documentary features significant criticisms of both the show and Banks.
Netflix confirmed its support for the series and its directors in a statement.
Company spokesperson noted, “Directors Daniel Sivan and Mor Loushy are respected documentarians who thoroughly interviewed the people behind ‘America’s Next Top Model.’ Tyra Banks had the opportunity to speak openly about her experience, and the creators presented her perspective fairly alongside those of other participants. We stand behind ‘Reality Check: Inside America’s Next Top Model’ and will continue to vigorously defend it.”
