Out of curiosity, I just asked Copilot and got this:
*When it comes to docudramas or series based on true stories, the line between creative freedom and defamation can be quite delicate. If a series claims to be based on a true story but includes exaggerated details, it could potentially open up the creators to liability for defamation, especially if the portrayal is deemed to harm the reputation of real individuals or entities involved.
In the case of Netflix, there have been instances where individuals depicted in their series have filed lawsuits alleging defamation. For example, in the docudrama "The Queen's Gambit," a defamation claim was brought against Netflix by Nona Gapringashvili due to her portrayal in the series¹. Similarly, Rachel DeLoache Williams sued Netflix over her portrayal in "Inventing Anna," claiming that the show depicted her negatively and caused damage to her reputation².
To prevail in a defamation claim, the plaintiff typically needs to prove that the depiction was false or created a false impression about them, was highly offensive or defamatory, and that the creators knew the representation was not true or made it with reckless disregard for the truth. Disclaimers stating that some events have been fictionalized for dramatic purposes can be used as a defense, arguing that no reasonable viewer would believe the depictions were assertions of fact. However, recent case law suggests that disclaimers cannot completely absolve producers from liability¹.
So, exaggerating details such as the number of emails sent could matter if it significantly alters the portrayal of a character in a way that could be defamatory. It's a complex area of law that often requires careful navigation to balance storytelling with the rights of those being portrayed.*
I'd guess that it might be quite difficult for Fiona to "prove that the depiction was false or created a false impression about [her], was highly offensive or defamatory, and that the creators knew the representation was not true or made it with reckless disregard for the truth."
But perhaps this will change things.