Eliza Mahmud, an international relations student, delves into the rising popularity of true crime media and its societal effects. Since the pandemic, there’s been a significant increase in interest, with a 2022 poll indicating that nearly half of Americans are fans of the genre. Companies like Netflix have capitalized on this trend with series like Monsters, documentaries, and YouTubers and podcasters focusing on true crime. This surge has led to important discussions about how true crime content can raise awareness of criminal activities and expose flaws in the legal system.
However, the growing obsession with true crime has led to ethical concerns. The stories of real victims are sometimes overshadowed by the fusion of reality and entertainment, raising questions about the ethics of presenting true crime in the media. The legal system also plays a role in navigating this cultural phenomenon. One significant issue is the concept of ‘trial by media.’ True crime narratives often blur the line between storytelling and reality, potentially desensitizing viewers and discrediting victims’ struggles. This can impact those accused, as public opinion can form judgments on their guilt or innocence, undermining the principle of ‘innocent until proven guilty.’ This is particularly problematic in ongoing cases where media portrayals can interfere with the defendant’s right to a fair trial, leading to legal implications such as wrongful convictions and defamation. A case in point is the portrayal of Fiona Harvey in Netflix’s series Baby Reindeer. After a character based on her was depicted as a stalker, she faced public harassment and death threats, leading to a £132 million defamation lawsuit against Netflix. This example illustrates the devastating consequences of ‘trial by media’ for both victims and defendants. Privacy and consent are also significant ethical and legal concerns in true crime media. Creators often rely on public records, but legal access does not absolve them of ethical responsibility. Victims and their families can be involuntarily thrust into the public eye without consent, highlighting the need for a more nuanced approach to true crime storytelling.Are you interested in contributing to the Legal Cheek Journal? Discover more about the legal implications of true crime media.
Netflix’s Dahmer — Monster: The Jeffrey Dahmer Story was the second most popular show by 2023, yet it faced backlash for its portrayal of real-life events. Rita Isbell, whose emotional victim impact statement was used without her consent, criticized the series for exploiting her pain. This raises questions about whether dramatizations based on public records infringe upon privacy rights. U.S. legal frameworks offer limited protection for victims and their families, focusing more on defamation than privacy invasion or emotional harm. In some cases, these laws can protect true crime content creators rather than the victims, through free speech and press rights. Critics argue that current laws do not adequately protect victims’ and families’ privacy, especially considering the risk of re-traumatisation. The controversy over privacy and consent in Netflix’s portrayal of the Dahmer case highlights the need for legal reform. It addresses the balance between freedom of expression and the dignity of those involved in real-life tragedies. While facts cannot be copyrighted, a balance between public curiosity and respect for personal privacy must be established due to the public interest in true crime cases. The impact of true crime content on legal proceedings is significant. The ‘CSI Effect’ refers to how consumption of true crime media can lead jurors to develop unrealistic expectations about forensic evidence, influencing verdicts. Legal practitioners must be aware of potential biases during jury selection and trial proceedings. True crime media has also contributed to the ‘juridification’ phenomenon in the UK, where social and economic activities become governed by legal rules. While this promotes accountability and rights protection, it can also lead to legal framing, overanalyzing issues through a legal lens. This can be problematic for the legal justice system, reducing complex social issues to legal disputes and prioritizing procedures over systemic contexts like inequality. The media’s portrayal of true crime sensationalizes trials and romanticizes law enforcement, focusing on punishment rather than reform. This narrows public understanding of the legal system, potentially leading to abuse of the system and waste of law enforcement resources and taxpayers’ money.True crime cases in the media can serve as powerful tools for advocacy and reform. They expose systematic flaws and encourage public engagement with critical issues stemming from crime, such as sexual and monetary matters. Documentaries, podcasts like True Crime with Kendall Rae, and film and television series have highlighted wrongful convictions, prosecutorial misconduct, and institutional biases, leading to significant societal and legal changes.
For instance, the 2015 HBO documentary series ‘The Jinx: The Life and Deaths of Robert Durst’ helped identify Robert Durst as a murderer through his unintentional confession during the filming of his crimes.While true crime content can foster awareness and change, it is crucial for creators to present cases accurately and ethically. Sensationalism and glamorization of crime and the legal justice system can overshadow efforts for reformation. However, when handled responsibly, true crime content has the potential to bridge the gap between public awareness and actionable legal reform, possibly even aiding in solving cold cases.
To enhance the ethics of true crime content, improvements in law creation and implementation are necessary. For example, privacy protection laws could be strengthened by requiring consent from victims and their families before dramatizations or reenactments of their stories. Additionally, stronger defamation laws and industry-specific ethical guidelines could ensure accurate and respectful storytelling. Regulations could also redirect profits from true crime portrayals towards victim support, charities, or justice reformation.
The creation of true crime content, following its popularity, has recently focused more on profiting from people’s tragedies rather than raising awareness of their struggles, which hardly aligns with ethical values. Balancing moral responsibility with creative freedom could allow for content in this field to advocate and evoke real change in how the legal system operates and is perceived. True crime media needs a shift towards righteous and respectful representations, and the legal system must hold content creators accountable to ensure this becomes a reality.
Eliza Mahmud is in her first year, studying international relations. The Legal Cheek Journal is sponsored by LPC Law.
