[WORLD] Netflix has found itself at the forefront of a captivating yet controversial trend: the true crime genre. Despite facing a growing number of legal challenges, the streaming giant continues to invest heavily in true crime shows, demonstrating a calculated risk-taking approach that has both fueled its success and invited scrutiny.
The Allure of True Crime Content
True crime shows have become a cornerstone of Netflix's content strategy, consistently ranking among the platform's most-watched series. The genre's popularity is evident in the viewership numbers of shows like "Dahmer," which amassed over 1 billion hours viewed, securing its place as the third most popular TV show in Netflix's history. This trend is not limited to a single hit; other true crime series like "Monsters: The Lyle and Erik Menendez Story" have quickly climbed to the top of Netflix's charts upon release.
The appeal of true crime content to viewers is undeniable. According to polls, approximately half of Americans enjoy watching portrayals of true crime on screen. This widespread interest has not gone unnoticed by Netflix's content strategists, who continue to greenlight and promote true crime projects despite the associated risks.
Legal Challenges and Rising Costs
While true crime shows have proven to be a goldmine for viewer engagement, they have also exposed Netflix to significant legal risks. Since 2019, more than 20 defamation suits have been filed in the US against Netflix and its production partners over real-life stories featured in their programming. This surge in litigation has led to increased production costs, as the company must navigate the complex legal landscape surrounding dramatized true stories.
Notable examples of legal challenges include:
"Baby Reindeer": Despite its critical acclaim and eight-week run on Netflix's Global Top 10 TV list, the show faces a $170 million defamation lawsuit from the woman who inspired the series.
"Inventing Anna": Netflix is being sued by Rachel Williams, a friend of Anna Sorokin, who claims she was inaccurately portrayed in the series.
These lawsuits highlight the delicate balance Netflix must strike between creating compelling content and respecting the rights and reputations of individuals portrayed in their shows.
Netflix's Persistent Strategy
Despite the legal hurdles, Netflix shows no signs of slowing down its true crime content production. Guy Bisson, executive director of Ampere Analysis, notes that among the six biggest streamers, crime titles have seen the largest percentage increase in commissioning activity this year compared to the previous year. This trend suggests that Netflix and its competitors recognize the enduring appeal of the genre to their audiences.
A top TV agent, speaking anonymously, explained Netflix's approach: "Clearly, it's working for them. They're reacting to what people want". This sentiment underscores the platform's commitment to delivering content that resonates with viewers, even in the face of potential legal challenges.
The Economics of True Crime
From a business perspective, true crime shows offer an attractive proposition for streaming platforms. Unlike expensive genres such as sci-fi and fantasy, which have seen a decline in production, crime-related content often provides a higher return on investment. Guy Bisson describes this shift as a "broadcastification of streaming," where platforms are "looking to get more bang for their buck".
This strategy aligns with Netflix's need to attract a broader, more generalist audience while managing production costs. True crime shows, when successful, can become low-budget hits that drive significant viewer engagement without the massive budgets associated with other popular genres.
Competition and Market Saturation
While Netflix leads the pack in true crime content, other streaming platforms like Hulu and Peacock have also invested in the genre. However, Netflix's massive global subscriber base of over 282 million gives it unparalleled reach and the ability to turn true crime series into international phenomena.
As the market becomes increasingly saturated with true crime content, there are concerns about potential viewer fatigue. Data from Parrot Analytics suggests that the supply of true crime documentaries on Netflix may be outpacing viewer demand. This potential oversaturation has led Netflix to be more selective in its true crime projects, with one agent noting, "There's too many serial killers now, so I think that's harder".
Legal Safeguards and Creative Partnerships
To mitigate legal risks, Netflix has implemented various strategies. In the case of "Baby Reindeer," the company argued that most viewers would understand the show's claims weren't entirely factual due to its dramatized nature. However, a judge ruled that billing the show as "a true story" invites the audience to accept it as such, complicating Netflix's defense.
Despite these challenges, Netflix continues to forge partnerships with creators of successful yet controversial shows. For example, the streaming giant inked a new deal with Richard Gadd, the creator of "Baby Reindeer," in September 2024, demonstrating its commitment to working with talent that can deliver engaging content, even in the face of legal disputes.
The Future of True Crime on Netflix
As Netflix navigates the complex landscape of true crime content, several factors will likely influence its strategy moving forward:
Legal Precedents: The outcomes of current lawsuits may shape how Netflix approaches future true crime projects, potentially leading to more rigorous fact-checking and clearance processes.
Audience Preferences: While true crime remains popular, Netflix will need to stay attuned to shifting viewer interests to avoid oversaturation.
Production Costs: Balancing the legal risks and associated costs with the potential for high viewer engagement will be crucial in determining the viability of future true crime projects.
Creative Approaches: Netflix may explore new angles within the true crime genre or innovative storytelling methods to keep the content fresh and engaging.
Netflix's continued investment in true crime content, despite the legal challenges, reflects the company's data-driven approach to content creation and its willingness to take calculated risks. As one agent put it, "I don't think it's going to stop them. They're going to continue to look for things that are popular and cool".
While the true crime genre presents unique challenges, it also offers significant rewards in terms of viewer engagement and subscriber retention. As long as audience demand remains strong, Netflix is likely to continue navigating the complex terrain of true crime storytelling, adapting its strategies to mitigate risks while capitalizing on the genre's enduring popularity.
