“We don’t need to feed the flame anymore”: Netflix winning appeal blocking child p*rnography charges sparks outrage

Netflix, the American subscription video-on-demand streaming service, has emerged victorious in a legal battle over the French film, Cuties. The 5th Circuit Court of Appeals court blocked a Texas district attorney from pursuing child p*rnography charges on them.

Disclaimer: This article contains mentions of explicit/offensive content. Readers' discretion is advised.

On Monday, December 18, 2023, the 5th Circuit Court of Appeals upheld a lower court injunction in a 3-0 ruling that put the prosecution on an indefinite hold.

Tyler County District Attorney Lucas Babin indicted the streaming platform for "promotion of lewd visual material depicting a child," three years ago, as per Variety. The movie reportedly has underage actors shown doing provocative dance steps. According to Newsweek, Netflix CEO and COO Ted Sarandos defended his platform saying Cuties was better understood overseas as compared to North America.

Netizens have expressed their disappointment with the streaming service's recent win. They believe that the film could have adverse effects on the youth as well as encourage possible p*dophiles.

Netizen talks about the appeal. (Images via Instagram/@hollywoodunlocked)

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Texas D.A. loses Cuties battle with Netflix over child p*rn claims

Cuties, released on August 19, 2020, follows an 11-year-old Senegalese immigrant named Amy who lives in Paris. She joins an adolescent dance group, The Cuties, in her attempts to find her true self. Amy performs dance routines with her peers that imitate the older, s*xually active generation. However, as per Deadline, there are no s*x scenes in the movie, and the young actors are fully clothed throughout.

As far as nudity, the film includes a brief shot of an adult woman's bare breast.

In 2020, Netflix had filed a habeas corpus petition challenging the initial “lewd material” charge. A ruling in a separate case found the Texas statute violated the First Amendment, hence the streaming service decided to appeal for a dismissal and won.

Babin then dropped the original indictment and brought four new indictments for a more serious charge of child p*rnography in February 2022. The federal judge said he was "unconvinced that 'Cuties' contains child p*rnography" and granted Netflix's request for an injunction.

Lucas Babin is a former actor who played Spider in the 2003 movie, School of Rock. He took his appeal to the 5th Circuit Court of Appeals, where the injunction was upheld this week.

After three years, the 5th Circuit Court of Appeals placed the prosecution on hold indefinitely, as per Newsweek. Judge Don R. Willett wrote in a statement:

"Netflix has shown at this stage that it has been subjected to a bad-faith prosecution, an injury we have already deemed ‘irreparable. 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."

Netizens have given their opinions on the indefinite hold on the child p*rnography charges on Netflix. Some of the reactions are given below.

Comments poured in on Instagram too, all condemning the move:

Netizens are outraged by the streaming channel's win. (Images via Instagram/@hollywoodunlocked)

According to Deadline, dozens of Congressmen, particularly Republican members of the House and Senate, have criticized the platform along with the general public. However, the film remains available on the streaming service for all to watch.