Netflix and Chess Master Settle Queen’s Gambit Defamation Lawsuit
On September 16th, 2021, chess master Nona Gaprindashvili filed a defamation lawsuit against Netflix for her representation in The Queen’s Gambit.[1] Based on the 1983 novel by Walter Tevis, The Queen’s Gambit is an Emmy Award-winning miniseries that depicts the life of a fictional female chess prodigy, Beth Harmon, throughout the 1960s.[2] Although the main characters are fictional, The Queen’s Gambit references a few real chess players throughout its seven episodes.[3]
In the finale of the miniseries, Harmon competes in a fictional chess tournament in 1968.[4] After Harmon won against male chess player Victor Laev, the announcer of the tournament comments on how Harmon was overlooked as a competitor because of her gender:[5]
“… Elizabeth Harmon’s not at all an important player by their [the male players’] standards. The only unusual thing about her, really, is her sex. And even that’s not unique in Russia. There’s Nona Gaprindashvili, but she’s the female world champion and has never faced men. My guess is Laev was expecting an easy win, and not at all the 27-move thrashing Beth Harmon just gave him.”[6]
As the announcer mentions Gaprindashvili’s name, the camera focuses on an actor who is intended to represent Gaprindashvili herself.[7]
Gaprindashvili claims that her accomplishments as a “trailblazing woman chess player” were trivialized when the announcer falsely stated that she had “never faced men.”[8] Gaprindashvili, the first woman in history to become an international chess grandmaster, frequently played and defeated male chess players throughout her career.[9] In fact, she had competed against at least 59 male chess players by 1968 and even wrote a book about the challenges of being a female chess player.[10] Gaprindashvili thus argues that her false portrayal in the miniseries is a “sexist and belittling” representation that “tarnished [her] personal and professional reputation.”[11] In response, Netflix filed a motion to dismiss the lawsuit.[12]
Denial of Netflix’s Motion to Dismiss
On January 27th, 2022, the U.S. District Court for the Central District of California denied Netflix’s motion to dismiss Gaprindashvili’s defamation lawsuit and held that fictional works are not shielded from liability if they defame real people.[13]
Defamation is defined as the “malicious or groundless harm” to the reputation of a third party through a false written statement (libel) or a false oral statement (slander).[14] To establish her defamation claim in California and withstand a motion to dismiss, Gaprindashvili must plead “(a) a publication that is (b) false, (c) defamatory, and (d) unprivileged and that (e) has a natural tendency to injure or that causes special damage.”[15] Because she is a public figure, Gaprindashvili must also prove that the defendant acted with malice.[16] Netflix argued that the lawsuit should be dismissed because Gaprindashvili fails to prove the falsity, defamatory and malice elements of her defamation claim.[17]
When determining whether a defamatory statement created an impression that it conveyed an objective fact (element (b)), courts look at the context and content of the statement.[18] Although a fictional work, The Queen’s Gambit references real people and events.[19] The defamatory statement also identifies a real person (Gaprindashvili herself) and her career before showing an actor who resembles Gaprindashvili.[20] Therefore, a reasonable viewer could conclude that the statement about Gaprindashvili is indeed true.[21]
When determining whether a statement is defamatory (element (c)), courts consider whether the statement depicts the plaintiff in a negative or unfavorable light.[22] By commenting, “…There’s Nona Gaprindashvili, but she’s the female world champion and has never faced men…,” the announcer in The Queen’s Gambit compares Gaprindashvili and Harmon and implies that Harmon achieved a greater feat than Gaprindashvili because she competed against men and still became a champion.[23] The comment thus defames Gaprindashvili by dismissing her accomplishments that are integral to her reputation and career success.[24]
When the defamatory statement appears in a fictional work, a plaintiff can show the defendant’s malice by demonstrating that the defendant knew or recklessly disregarded the possibility that a reasonable viewer would interpret the defamatory statement as a fact.[25] Gaprindashvili showed the contrast between the lines from the miniseries and the lines from Tevis’ novel that The Queen’s Gambit was adapted from.[26] The show’s creator altered the lines for the miniseries to reflect a nearly opposite meaning.[27] The lines from Tevis’ novel are as follows:
“… She was not an important player by their standards; the only unusual thing about her was her sex; and even that wasn’t unique in Russia. There was Nona Gaprindashvili, not up to the level of this tournament, but a player who had met all these Russian Grandmasters many times before. Laev would be expecting an easy win.”[28]
In doing so, Gaprindashvili proved Netflix’s motive enough to withstand the motion to dismiss.[29] Shortly after the district court’s ruling, Netflix appealed the decision to the Ninth Circuit Court of Appeals.[30]
Settlement Between Gaprindashvili and Netflix
In early September of 2022, Gaprindashvili and Netflix reached a settlement agreement, and Netflix filed a motion to voluntarily dismiss its appeal.[31] Although Gaprindashvili originally sought $5 million in damages in her lawsuit, the parties have declined to disclose the terms of the settlement, including any monetary compensation.[32] Nonetheless, Netflix and Gaprindashvili’s lawyer both stated that they are “‘pleased the matter has been resolved.’”[33]
Footnotes
