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True Crime on Netflix: A Growing Genre with Ethical Concerns
As of 2022, true crime has become one of the most popular genres on Netflix, with a plethora of original shows available for viewing. Shows like “Into the Deep,” “The Stranger,” and documentaries such as “Don’t F**k With Cats,” “Catching Killers,” and “Crime Scene: The Vanishing at the Cecil Hotel” have cemented Netflix’s reputation as a hub for true crime content.
Ethical Concerns Surrounding True Crime Content
Despite its popularity, true crime entertainment also brings with it a slew of ethical concerns, particularly for platforms like Netflix. The release of the 10-part series “Monster: The Jeffrey Dahmer Story” in September 2022 sparked criticism for its portrayal of the victims and the lack of consultation with their families.
The Glorification of Criminals and the Impact on Victims’ Families
Critics argue that shows like “Dahmer” glorify criminals like Jeffrey Dahmer and can be deeply traumatising for the families of the victims. The commercialisation of Dahmer’s notoriety, such as the sale of his prison glasses for $150,000, further exacerbates these concerns.
Navigating the Ethics of True Crime Content
The ethics of true crime content are a complex issue, with online discussions questioning the fetishisation and sexualisation of serial killers in entertainment. Netflix has faced backlash for its portrayal of infamous criminals like Ted Bundy, prompting the company’s social team to address viewer obsession with these figures.
The Impact on Victims’ Families and the Line Between Education and Entertainment
The thirst for serial killers like Dahmer on social media platforms like TikTok can cause severe distress to the victims’ families, who continue to suffer from the trauma of their loved ones’ crimes being exploited for entertainment. The line between education, truth, and entertainment becomes blurred as platforms like Netflix balance storytelling with ethical considerations.
In conclusion, the true crime genre on Netflix and other streaming platforms raises important questions about the portrayal of criminals, the impact on victims’ families, and the ethics of entertainment. As viewers continue to consume these shows, it is essential to consider the real-life consequences of turning tragedy into entertainment.
Legally, what does Netflix owe to the subjects of its true crime shows?
The thing is, in the U.S., Netflix isn’t even obligated to consult the victims’ families or ask their permission in order to make these shows.
“The interest of the victims sometimes has to be put aside for the larger good of serving the audience, whether it be for entertainment, education, or controversy.”
According to Jamie E. Wright of the Wright Law Firm, from a legal standpoint, all public court records and footage is fair game for the entertainment industry to use without getting consent. So technically, studios can actually get away with not asking. But just because something is legal doesn’t make it right.
“The ethical issues, unfortunately, do not lie with the victims. The only obligation Netflix has to victims is to be accurate and factual and not to use anything about the victims that may be protected by privacy laws,” says Tre Lovell, managing attorney at the Lovell Law Firm.
Is consent required even if the case is public record like in Dahmer’s situation?
In some situations, consent is legally necessary.
“[Netflix] have to make sure that the original makers and producers of the film have consent, otherwise the deal falls through,” explains Dhwani Gadh, a filmmaker based in India. “It depends on the details that are going to be shown in the piece. If you delve into the lives of family members, then you need consent.”
It is actually in Netflix’s best interests to get consent in order to prevent any legal hassle later.
“Even though it’s not necessary by law, it’s generally seen as good practice to obtain the consent of everyone they record because Netflix would not want to waste their valuable time battling with someone who tries to obstruct them,” says Lyle Solomon, principal attorney at Oak View Law Group.
Why does Netflix keep making true crime content if it’s such a liability?
True crime has an advantage for Netflix: the world already has its eyeballs trained towards it. So, by making content out of real cases, many of which made headlines, the company knows true crime will put butts on the couches. People are curious, and shows like Monster capitalise on that. This genre is one of the streaming platform’s biggest draws. And there is a reason for it.
“Netflix will continue to sponsor this type of content because it is helping push the bottomline of the business.”
“Some of these shows and crimes are so out of sorts or just unfathomable, people are intrigued by the mentality behind these crimes. How can someone seem so normal and be so evil? How do relationships play out to the point of deception? In Hollywood, there are usually three big draws, sex, scandal, and deception. True crime tends to hit the mark on all three,” explains Tel K. Ganesan, movie distributor and founder of Kyyba Inc.
“The ethics behind it is the old cliché, ‘it’s just entertainment.’ After all, Netflix doesn’t feel like they’re telling individuals to go out there and imitate what they see on true crime stories, they just see it as a form of entertainment,” says Crummey.
What can Netflix do in order to better approach producing true crime content?
While ethics in true crime are usually a grey area — and Netflix isn’t breaking the law by making content out if it — it’s important to note that these stories are about real people. When we sensationalise and glamourise these stories and dissect each part of it for our own entertainment, we are exploiting traumatic experiences of real individuals over and over again. And that is where the ethical and moral obligations lie.
“Companies like Netflix need to do better to care for the families of victims of violence. Stop making superstars out of the worst humans on earth and instead, look to contribute to healing and wellness for some of the most harmed and vulnerable people,” says Gatti, “Speak with the victims’ families and help memorialise the victims who lost their lives. Perhaps, even donate profits to these families and aid in their healing as opposed to retraumatizing them.”
Netflix has received praise in the past for doing exactly that with shows like Ava DuVernay’s When They See Us, which spotlighted the wrongful conviction of the Central Part 5, or docu series like Kelly Loudenberg’s Exhibit A and The Confession Tapes. And that is the kind of content that Netflix needs to bet more of their chips on.
Expanding on the true crime genre has real potential for Netflix to broaden people’s minds, but in order for it to do so, it needs to abandon sensationalising tragedy for entertainment.
It may not be an ethical obligation, but it is certainly the right thing to do.
