Banks filed the lawsuit in June, stating that Netflix and the show's directors, Mor Loushy and Daniel Sivan, wrongly portrayed her as being insensitive to a contestant who said she was a victim of sexual assault.
Banks participated in a three-hour interview for the docuseries, "Reality Check: Inside America's Next Top Model," though only about 16 minutes of that was used in the final version.
In their motion to dismiss the lawsuit, Netflix's legal team argued that Banks' dissatisfaction with the series does not count as defamation.
They also claim the lawsuit is about standard editing choices that were regularly made on "America's Next Top Model."
The filing states, "Banks understands editorial discretion.
She created, hosted, and executive produced 24 seasons of ANTM, making the same kinds of editorial decisions she now attacks — what footage to include, what to omit, and how to present competing narratives.The documentary simply turned that editorial lens back on ANTM and Banks.Her disagreement with the resulting portrayal does not make it defamatory."
Banks claims her interview was edited in a misleading way to make it seem like she forgot about the contestant, Shandi Sullivan, who says she was assaulted during the show's second season in Milan.
In the Netflix series, Banks is asked if she remembers Sullivan, and she says "um" and looks up.The show then cuts, ending the first episode in a cliffhanger.
Banks argues that her full answer was not included, and that if it had been, it would have shown that she did remember Sullivan's story.
In response, Netflix's lawyers point out that her full answer — "I do remember her story" — was included at the start of the second episode.
The filing states, "A documentary showing Banks remembering does not imply that she forgot."
The company's lawyers also note that Banks had signed a standard waiver giving up creative control over the project.
The three-episode docuseries, released in February, was part of a broader reevaluation of "America's Next Top Model," which ran for 24 seasons from 2003 to 2018.
The documentary highlighted some harsh criticisms of the show and of Banks.
In a statement, Netflix said it supports the series and the directors.
"The directors, Daniel Sivan and Mor Loushy, are respected documentarians who thoroughly interviewed the people behind 'America's Next Top Model,'” a company spokesperson said.
“Tyra Banks was given the opportunity to speak openly about her experience, and the creators fairly presented her perspective alongside those of every other participant shown in this documentary.We stand behind 'Reality Check: Inside America's Next Top Model' and will continue to vigorously defend it."
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