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Where a plaintiff has brought suit claiming that he and his son were defamed by a Netflix program about the “Varsity Blues” scandal, dismissal of the complaint is not warranted under the fair report privilege.
“Plaintiff John Wilson (‘Wilson’) was indicted by a Federal Grand Jury for charges related to what has become known as the ‘Varsity Blues’ scandal. Although Wilson was found guilty by a jury, all but one charge was overturned on appeal. The defendants (collectively referred to as ‘Netflix’) created a ‘program’ highlighting the conduct of several families in their efforts to unfairly advantage their children in the college admission process. One such family was the Wilsons. …
“The defendants argue that the program constitutes a ‘privileged and fair report;’ thus, they cannot be liable for defamation in connection with its publication. …
“This court cannot conclude, at the motion to dismiss stage, that the defendants’ various instances of selective editing, including of Wilson’s conversations with [Rick] Singer and overlaying those conversations with images not properly attributable to John Jr. or Wilson’s conduct, was not materially misleading. …
“… Even assuming that Wilson is a public official, the complaint has sufficiently pled malice to survive the defendants’ motion to dismiss.”
Wilson, et al. v. Netflix, et al. (Lawyers Weekly No. 12-031-24) (7 pages) (Callan, J.) (Barnstable Superior Court) (Docket No. 2472CV00092) (Aug. 13, 2024).
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