Cuties controversy: Netflix successfully appeals blocking of child pornography charges

On Monday, an appeals court intervened to prevent a Texas district attorney from pursuing child pornography charges against Netflix over the screening of the French film Cuties. In a unanimous 3-0 decision, the 5th Circuit Court of Appeals affirmed a lower court's injunction, effectively placing the prosecution in a state of indefinite suspension.

Contentious Release

In September 2020, Netflix launched the film, "Cuties," which quickly ignited controversy due to its portrayal of a teenage dance group. Lucas Babin, the elected District Attorney in Tyler County, Texas, responded by indicting the streaming service on charges of "promotion of lewd visual material depicting a child."

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Notably, the film lacks explicit sex scenes. Instead, it features underage actors engaging in provocative dance routines while clothed. Additionally, there is a brief moment revealing an adult woman's bare breast. These elements became focal points of the debate surrounding the film's content.

Legal Showdown

Netflix escalated the matter to federal court, contending that Lucas Babin was maliciously pursuing the case without reasonable prospects of securing a conviction. In November 2022, a federal judge sided with Netflix, granting an injunction and expressing skepticism, stating that he was "unconvinced that 'Cuties' contains child pornography."

Judge Don R. Willett stated, "Netflix has demonstrated, at this juncture, that it is facing a prosecution in bad faith, an injury we have deemed 'irreparable.' The equilibrium of interests also tilts in favor of Netflix. The company has a clear stake in the ongoing exercise of its First Amendment rights, while the State lacks a legitimate interest in pursuing a prosecution characterized by bad faith."

In response to the charge, Netflix filed a habeas corpus petition contesting the validity, leveraging a precedent where a separate case deemed the Texas statute in violation of the First Amendment. In a subsequent development, Babin responded by issuing four new indictments, leveling the more severe accusation against Netflix of distributing child pornography.

Cuties narrate the journey of an 11-year-old Senegalese immigrant girl torn between her conservative cultural upbringing and the more permissive atmosphere in France. Director Maïmouna Doucouré has clarified that her intention in creating the film was to highlight the issue of the sexualization of young girls on social media.

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