Netflix suit frozen

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By Chris Edwards
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LUFKIN – A unanimous ruling by the 5th Circuit Court of Appeals has put a lawsuit filed by Tyler County District Attorney Lucas Babin against Netflix on indefinite hold.

The ruling was handed down on Monday, and first reported by film industry trade bible Variety. Babin’s suit accused Netflix of distributing child pornography, a charge stemming from its distribution of Cuties, a French film that proved controversial upon its American release in 2020.

Judge Don R. Willett, who serves the Circuit Court, referred to the prosecution of the streaming giant as “bad-faith prosecution” and “an injury” to the company.

A Tyler County grand jury originally opted to indict Netflix in 2020, which Babin later dropped, for promoting depictions of “the lewd exhibition” of a child, and instead opted to issue four charges of child pornography.

Cuties, which was described as a coming-of-age comedy/drama drew widespread attention and controversy due to a marketing campaign from Netflix, which allegedly sexualized child actresses.

Prior to its release on Netflix, it had not met with such controversy, and in its French iteration (as Mignonnes) won awards at the annual Sundance Film Festival.

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It focuses on an 11-year-old Senegalese girl who becomes enamored with the behavior of a neighbor girl who dances with an adult-style dance group. Critics noted the contrasting values of religious fundamentalism versus provocative modern cultural trappings.

Following its American release, many political figures, including Sen. Ted Cruz and then-state Rep. James White campaigned against the film on social media, and many Americans boycotted the film, and utilized the hashtag on social media #CancelNetflix to show support of the boycott, not only of the film, but also of Netflix for distributing the work.

In 2022, Netflix sought injunctive relief to stop what it called Babin’s “baseless charges” against the company. That suit was filed in federal court within Texas’s Eastern District. Babin later filed with the appeals court.

At the time of the initial indictment, Babin said that in his role as DA, he sees many cases with underage victims. He said that he’d heard about the film and watched it. After viewing it, he said he knew there was probable cause to believe it was liable to criminal prosecution.

Babin, who had previously worked in the entertainment industry as an actor and model, prior to his career in law, said that the film contains “no serious literary, artistic, political, or scientific value.”