Netflix Can’t Escape Defamation Lawsuit Over True Crime Documentary Photo

A federal judge has found that Netflix could have defamed a Kentucky man whose picture was lifted from his social media for use in a documentary that allegedly implied he was involved in a murder.

In the 2023 true crime documentary The Hatchet Wielding Hitchhiker, a photo of Taylor Hazlewood is shown, with audio saying “stone-cold killer” and captions stating, “You can never trust anyone.” He sued Netflix in April, claiming that pictures of him were taken without his knowledge from his Instagram and that use of the photos were defamatory because of the “sinister” context in which they were shown.

The documentary centers on Caleb Lawrence McGillvary, who rose to viral stardom in 2013 when he saved a woman by bludgeoning her assailant with a hatchet before he was later convicted for the murder of an attorney in an unrelated incident. Netflix used a photo of Hazlewood, who wasn’t involved in the crime, posing with a hatchet.

U.S. District Judge David Godbey on Wednesday declined to dismiss the claim for defamation, finding that the tone and mood of the scene in which Hazlewood’s picture was shown may have falsely accused him of a crime. He pointed to allegations that Netflix’s use of the photo “caused individuals to believe that he is himself, or is associated with, a criminal.”

In his complaint, Hazlewood cited reactions from people who watched The Hatchet Wielding Hitchhiker. “So something not so chill happens later in the documentary,” a friend texted him. “Your picture shows up again after he’s charged with murder and its just bad vibes.”

Another friend messaged: “Dude this is so weird but I’m watching this murder documentary and they start flashing a bunch of peoples pictures and I said that is Hazlewood. Did they steal your photo? How did you get on there?”

Moving for dismissal of the lawsuit, Netflix argued that the documentary never explicitly accused Hazlewood of a crime. “Nothing in The Hatchet Wielding Hitchhiker can be reasonably labeled as accusing Hazlewood of anything, much less a specific crime,” a lawyer for the company wrote in a court filing. “To the contrary, even Hazelwood’s allegations confirm that innuendo is the only way a viewer could reach the warped and implausible conclusion Hazlewood alleges in his complaint: that despite the clear subject and focus of the film (Kai, the hatchet wielding hitchhiker), Hazelwood’s presence in two montages suggests he too is a criminal or worthy suspicion.”

Godbey concluded that the company failed to “determine the context and ownership of the photograph” before utilizing it and didn’t obtain Hazlewood’s consent. This also served as the basis for the judge advancing a claim for invasion of privacy against Netflix.

“This is sufficient to make a plausible claim of intrusion,” he wrote. “While Netflix alleges that the photo was publicly available, Hazlewood’s contention is that this photograph was private.”

Hazlewood’s claim for misappropriation of likeness was dismissed because he failed to show that there’s commercial value in his brand, like there is with a public figure or social media influencer. Godbey said, “Hazlewood did not plead additional facts showing any specific value such as reputation, prestige, notoriety, or skill associated with his likeness and therefore has not made out a plausible claim of misappropriation.”

Hazlewood was given the chance to fix the claim.