Netflix Has Legal Setback in ‘Queen’s Gambit’ Lawsuit

Netflix is being sued by chess legend Nona Gaprindashvili, who claims that she was defamed in an episode of The Queen’s Gambit. The Netflix original series helped draw fresh attention to chess and the fiercely competitive scene around the world. However, some of the people already entrenched in that subculture have taken issue with its depiction.

Gaprindashvili rose to prominence as a competitive chess player in the 1960s from her home in the Soviet Union. She was mentioned by name in an episode of The Queen’s Gambit, where a commentator claims that she “never faced men.” Gaprindashvili says that that’s not true, and she sued Netflix in federal court back in September. It was unclear how far the case would go, but last week a U.S. district judge refused Netflix’s attempt to have the lawsuit dismissed, according to a report by Variety.

In her court filings, Gaprindashvili said that she had faced 59 male competitors by the year 1968, which is when this historical fiction is set. She called this false line of dialogue about her “grossly sexist and belittling.” Netflix responded by saying that The Queen’s Gambit is a work of fiction, and that the First Amendment gives the show’s creators broad artistic license to tell their story with a mix of fact and fantasy.

U.S. District Judge Virginia A. Phillips ruled on Thursday that Gaprindashvili has a plausible argument that she was defamed. Phillips noted that works of fiction are not immune to defamation lawsuits if they depict real people in a defamatory way.

“Netflix does not cite, and the Court is not aware, of any cases precluding defamation claims for the portrayal of real persons in otherwise fictional works,” she wrote. “The fact that the Series was a fictional work does not insulate Netflix from liability for defamation if all the elements of defamation are otherwise present.”

Netflix also argued that it had hired two chess experts to ensure that all the details of the series were right. The streamer said that no offense to Gaprindashvili was meant, writing: “The Series’ reference to Plaintiff was intended to recognize her, not disparage her.”

It is unclear if the lawsuit will involve the novel that The Queen’s Gambit is based on. It is a relatively faithful adaptation of a 1983 book by Walter Tevis. However, it is not clear if the line about Gaprindashvili comes straight from the book.

The Queen’s Gambit is streaming now on Netflix, and Tevis’ book is available in print, digital and audiobook formats. There is no word on when Gaprindashvili’s lawsuit against Netflix will move forward.