But Jean-Paul Jassy, an attorney in Los Angeles working with the media on First Amendment lawsuits, said that if you can convincingly claim that you were harmed by something a screenwriter made up, it’s an honor. He said it would be the basis for a strong lawsuit for damages.
“Disclaimers are not a silver bullet,” he said.
“And this is where the docudrama is very difficult,” Jassy added. “The court said, ‘We understand that your program contains fictitious elements. However, you have used the name of a real person and presented false facts that damage that reputation.'”
Lawsuits often fail because most fans of these shows probably believe they’re watching history literally unfold. I’ve been building drama.
But when shows like “The Crown” become so popular, the fact is that writers’ freedom goes beyond theatrical licences, because viewers believe they’re educated, at least in part. People who have an interest in getting it right say
British journalist Hugo Vickers, fact-checking an episode of “The Crown” for The Sunday Times and author of several books on the monarchy, has provided some insight into what happened over the show’s five seasons. He called it “a complete perversion of history”. “
“They do it all the time,” said Vickers. “And they couldn’t care less.”
Netflix has added a disclaimer after being criticized from above for inaccuracies in ‘The Crown’, including famous British actress Judi Dench and former Prime Minister John Major.Mr Major and Emperor Charles Possible abdication of the Queen among the princes. However, a disclaimer that the series was “inspired by real events” appeared in press materials and a trailer aired on YouTube, rather than on the show itself.
HBO’s show about the Lakers also appeared with a disclaimer, partly stating, “This series is a dramatization of certain facts and events.” But former coach West and some of his players realized that wasn’t quite enough. Through his lawyers, West requested an apology from HBO, saying the show “falsely and cruelly” denigrated him as a “runaway, drunken, raging addict.”