New York City, USA – Netflix and Ava DuVernay have reached a settlement in a lawsuit with former New York City prosecutor Linda Fairstein over her portrayal in the dramatized mini-series “When They See Us.” The series focuses on the Central Park Five case, where five Harlem teenagers were falsely accused of raping a white jogger in Central Park.
As part of the agreement, Netflix will move a disclaimer from the credits to the beginning of each episode, stating that the film is fictionalized for the purpose of dramatization. The settlement comes as the trial was set to begin next week.
In a joint statement, Netflix, DuVernay, and Fairstein announced the resolution of the lawsuit. Netflix will donate $1 million to the Innocence Project, with Fairstein not receiving any money as part of the settlement.
Throughout the series, Fairstein is depicted as a key figure in a corrupt criminal justice system that unfairly convicted the teenagers. The lawsuit claimed that the portrayal of Fairstein in the series attributed actions and viewpoints to her that were not true.
The case has raised questions about the balance between artistic liberties and accurately portraying real-life events. A ruling in favor of Fairstein allowed the lawsuit to proceed to trial, with the court finding that certain scenes could be defamatory.
Fairstein’s lawyer emphasized the importance of media companies showing fidelity to the truth when portraying real individuals. The settlement serves as a reminder of the responsibility that companies have to accurately depict people in their productions.
Fairstein sought damages of up to $8 million and requested that Netflix remove defamatory scenes and include a disclaimer at the beginning of each episode. The lawsuit aimed to correct the false portrayal of Fairstein as a villain in the series.
In a statement, Fairstein expressed her desire to set the historical record straight and emphasized the impact that the inaccurate portrayal had on her professional relationships. She faced consequences, such as being dropped by her literary agency and publisher, following the release of the series.