Netflix's Cuties Controversy: Streamer Wins Lawsuit Over Child Pornography Charges

Netflix added director Maïmouna Doucouré's drama "Cuties" to its catalog on September 9, 2020, following a theatrical release in Doucouré's home country of France the month prior. Once it reached the streaming service's international audience, "Cuties" became one of the most controversial movies on Netflix over accusations that it sexualizes young girls unnecessarily in an attempt at social commentary. This controversy culminated in Texas, with Tyler County Criminal District Attorney Lucas Babin indicting the streaming service for "promotion of lewd visual material depicting a child."

According to reports by outlets like Variety, the 5th Circuit Court of Appeals — which has appellate jurisdiction over federal cases originating out of courts in Louisiana, Mississippi, and Texas — determined that Babin's indictment will be put on hold indefinitely.

Babin's first case against "Cuties" dates all the way back to October 2020. While he eventually dropped those initial charges about a year and a half later, he indicted Netflix again for the comparatively more serious crime of distribution of child pornography. In response, the streaming service sued Babin, alleging that his indictment would negatively impact its business. A federal judge ruled in favor of Netflix, granting the streamer's request for an injunction — the ruling that put Babin's case on hold. Babin appealed this decision to the 5th Circuit, which ultimately decided to uphold the previous judge's decision.

The initial injunction dates back to November 2022. At that time, a federal judge granted Netflix's request for an injunction, which Lucas Babin's office appealed to the 5th Circuit Court of Appeals. Writing for the court, Judge Don R. Willett upheld the injunction on the grounds that Babin's indictment was in bad faith. Netflix's lawsuit also claimed that the streaming service would "suffer irreparable harm," and Willett referenced this precise language in his opinion.

"Netflix has shown at this stage that it has been subjected to a bad-faith prosecution, an injury we have already deemed 'irreparable,'" he wrote. "The balance of equities also favors Netflix. It has an obvious interest in the continued exercise of its First Amendment rights, and the State has no legitimate interest in a bad-faith prosecution."

The ruling of the three-judge panel was unanimous in Netflix's favor, effectively blocking the indictment by Babin's office from moving forward. While Babin isn't the only politician to criticize Netflix over "Cuties," and may not be the last, it appears the streaming service is now safe from legal prosecution over the film in Texas.