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13 Reasons Why suicide lawsuit gets ruling in favour of Netflix, father of teen who died to appeal decision

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Akshata Kamath
Akshata KamathJan 17, 2022 | 18:02

13 Reasons Why suicide lawsuit gets ruling in favour of Netflix, father of teen who died to appeal decision

13 Reasons Why, Netflix's show on teenage suicides, caused a sensation among teenagers when it was launched in 2017. A particular final episode in Season 1 even portrayed the actual suicide scene, which triggered a worldwide conversation on mental health. But such a gory depiction was also widely criticised by mental health experts because it was influencing vulnerable teens, and suicide rates were suddenly going up in months susequent to the launch of the show.

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Two teens actually died by suicide, and their families got to know about the impact of the show on their kids only after their death. They have continued to accuse Netflix for being the reason behind the death, but as the legal proceedings against Netflix began, the judge set aside the case.   

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Photo: Twitter

THE ACTUAL CASE

John Herndon from California, USA, had filed a class-action lawsuit against Netflix in August 2021 that claimed that his daughter, Bella, died because of the carelessness of the streaming company. Bella had “died as a result of the tortious acts and omissions of Netflix that caused, or at least substantially contributed to” her suicide in April 2017, said the lawsuit.

The family of John Herndon
The family of John Herndon

The lawsuit alleged that Netflix, the developer and distributor of 13 Reasons Why had failed to adequately warn its viewers about its gory content that could harm vulnerable children. The show's algorithm was designed to ''manipulate them into watching content that was deeply harmful to them".

The suit said that "children viewers targeted by Netflix and their adult parents/guardians were not informed that watching the show could cause or contribute to suicide or suicidal ideations".

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The bereaved father had pleaded with Netflix when the next season was announced: “Don’t go through with the renewal for the second season of 13 Reasons Why. Stop this. This is wrong. You’re making money off the misery of others.”

This was in line with the Department of Education in US, which had urged principals to draft letters to parents to warn them about the Netflix series as some episodes dealt with sexual assault, bullying, suicide and the failure of adults to address students’ concerns.

When Bella died in April 2017, it was "completely out of the blue" and a "total shock" to their family. Bella had been seeing a therapist who did not find anything wrong with Bella, and her father only got to know that she watched the series, on the day of her funeral. Her friends had approached him and told him about how she had watched the show and how it had impacted her.   

Photo: Getty Images
Photo: Getty Images

THE JUDGE DECIDES

Netflix has mentioned that such restrictions on programming would lead it to self-censor its own content to reduce its own liability, which was what the US District Judge Yvonne Gonzalez Rogers agreed to. She mentioned that this was a sad case, but ultimately did not think that it would survive. She said that her ruling was based on protectection of free-speech and was in favour of Netflix.

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John Herndon, father of Bella, has decided to appeal the case. 

WHAT IS THE SHOW 13 REASONS WHY ALL ABOUT?

13 Reasons Why is about 17-year-old Hannah Baker, who was raped and slut-shamed, and died, but left a series of 13 pre-recorded tapes as clues to reveal why she killed herself and who she blames for her death.

The first season ended with a controversial and three-minute-long suicide montage which went into graphic detail. The 4-season teen drama ended in 2020 and was at the centre of a global conversation about teenage depression and suicides.

Netflix apparently created the show to open up a dialogue around difficult topics, but it made noise for a lot of wrong reasons. 

WHY WAS 13 REASONS WHY CRITICISED? 

13 Reasons Why was criticised by many progressive audiences because the powerful storytelling narrative seemed to "romanticise suicides" and had scenes which were created against the recommendation of mental health professionals.

The extremely graphic three-minute scene was subsequently removed in 2019 after many mental health professionals took a strong stand against such depiction and its impact on society. The impact was immediate and brutal, as many studies showed that suicide deaths among 10-19-year-lds in the US rose by 13% in just 3 months after 13 Reasons Why was released, in March 2017. 

The message that came across was that in death, the wronged girls will be forever young, beautiful and beloved. They have the power to shape the story of everyone else’s lives and can be heard and avenged. All they had to do was stop breathing.

Experts had reasons to worry about young people being exposed to depictions of suicide or suicidal behaviour. For some vulnerable groups, the exposure can lead to an increased tendency to imitate the fictional characters and conduct suicidal behaviour.

Photo: Getty Images
Photo: Getty Images

Creators need to take responsibility for what they put out in the world, but in a world where viewership is uncensored and every person has the right to view as per their choice, who exactly is responsible for their own life? 

Last updated: January 17, 2022 | 19:01
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