"The Crown" is allowed to be made because it doesn't require permission from the Royal Family, operating similarly to how tabloids can publish stories about them. The key is managing legal risks, specifically avoiding or successfully defending against potential lawsuits.
Here's a breakdown:
- No Prior Approval Needed: Netflix doesn't need the Royal Family's permission to create and air "The Crown." Freedom of speech and artistic license allow for fictionalized portrayals of real events.
- Avoiding Legal Action: The production team likely took several steps to mitigate the risk of legal action, primarily defamation (libel and slander). These steps might include:
- Fictionalization and Dramatization: Making it clear that the series is a dramatization and not a purely factual account.
- Disclaimers: Adding disclaimers at the beginning and end of episodes emphasizing the fictionalized nature of the events.
- Legal Review: Having lawyers review scripts and episodes to identify and mitigate potential legal liabilities.
- Public Figure Standard: Public figures, like members of the Royal Family, have a higher burden of proof in defamation cases. They must prove that the statements made were false and made with "actual malice" – meaning the producers knew the statements were false or acted with reckless disregard for the truth.
- The Risk of Lawsuits: Even with precautions, the possibility of a lawsuit always exists. If sued, Netflix would likely argue:
- The show is a work of fiction.
- The show deals with matters of public interest.
- Any inaccuracies were not made with actual malice.
In essence, "The Crown" is allowed to be made because of legal protections for freedom of expression, combined with risk management strategies employed by the production team to minimize the likelihood of successful legal challenges.
