Netflix Backs Israeli Filmmakers vs. Banks

In their motion to dismiss, Netflix's attorneys argued that Banks' dissatisfaction with the documentary does not constitute defamation. They contended that the lawsuit challenges the same type of editorial decisions Banks herself routinely made on her own show, which at its peak attracted over one hundred million viewers worldwide.

"Banks understands editorial discretion perfectly well," the filing states. "She created, hosted, and produced 24 seasons of 'America's Next Top Model,' making the same kinds of editorial decisions she now attacks—which clips to include, which to omit, and how to present competing narratives. The documentary simply turned that same editorial lens back on 'America's Next Top Model' and on Banks. The fact that she disagrees with how she was portrayed does not make it defamatory."

The contested scene involves Banks being asked whether she remembers contestant Jennipher Sullivan, who alleged she was sexually assaulted during filming of the show's second season in Milan. In the Netflix series, Banks appears to hesitate when asked about Sullivan, looking up toward the ceiling. At that point, the episode cuts away, ending on a cliffhanger.

Banks claims her complete response was omitted from the series, and that had it been included, it would have made clear she did remember Sullivan. Netflix attorneys countered that her full answer—"I do remember her story"—was included at the beginning of the documentary's second episode.

Netflix issued an official statement defending both the series and its Israeli creators. "Directors Daniel Sivan and Mor Loushy are respected documentary filmmakers who conducted comprehensive interviews with the people behind 'America's Next Top Model,'" the statement read. "Tyra Banks was given the opportunity to speak openly about her experience, and the creators fairly presented her perspective alongside the perspectives of all other participants featured in the documentary. We stand behind the documentary and will continue to defend it vigorously."

Sivan and Loushy are acclaimed documentary filmmakers known for their work, including the series "Pink Suitcases." Their documentary about "America's Next Top Model" generated significant international attention and sparked public debate about reality television culture and how contestants experience trauma during show production.

Tom Clare, Banks' attorney, responded sharply to Netflix's dismissal motion. "The lawsuit raises a simple question: Can viewers trust that a documentary presented as factual fairly represents what happened and what people actually said?" he stated. He argued the issue is not about how programs are edited: "No one disputes that documentary works undergo editing. The question is whether that editing materially distorted the truth."

Clare called on Netflix to release the full, unedited three-hour interview with Banks. "If Netflix stands behind the accuracy of its documentary, it should release the full interview and allow viewers to judge for themselves. Let the public compare what Tyra actually said to what Netflix chose to show. The facts are the facts, and in this case the facts are documented—and Netflix is hiding them," he added.

The legal battle is expected to continue in the coming months, with the court set to decide the central question: whether documentary editing that omits portions of an interview constitutes defamation, or represents legitimate editorial discretion.