Netflix has already faced backlash over the use of AI in What Jennifer Did, director Jenny Popplewell’s 2024 true crime documentary that seemingly used AI-generated images in place of real archival photos. That documentary stood out as a shining example of gen AI’s ability to distort reality in situations where people are specifically looking to be told the truth about something. Now the streamer is taking steps to avoid similar problems.
This week, Netflix published a post on its Partner Help Center hub detailing its guiding principles regarding gen AI and the situations in which it is ok with production teams using the technology. In Netflix’s view, gen AI tools are “valuable creative aids” that make it easier for “users to rapidly generate new and creatively unique media (video, sound, text, and image).” Because the gen AI space is moving at such a breakneck pace, however, the company felt that it was important to outline the rules it expects its partners to follow if and when they use these tools.
“To support global productions and stay aligned with best practices, we expect all production partners to share any intended use of GenAI with their Netflix contact, especially as new tools continue to emerge with different capabilities and risks,” the post explains. “Most low-risk use cases that follow the guiding principles below are unlikely to require legal review. However, if the output includes final deliverables, talent likeness, personal data, or third-party IP, written approval will be required before you proceed.”
Netflix’s gen AI best practices are predicated on five specific guidelines that it sees as being “essential to act responsibly when employing generative workflows.” Netflix says:
- The outputs do not replicate or substantially recreate identifiable characteristics of unowned or copyrighted material, or infringe any copyright-protected works
- The generative tools used does not store, reuse, or train on production data inputs or outputs.
- Where possible, generative tools are used in an enterprise-secured environment to safeguard inputs.
- Generated material is temporary and not part of the final deliverables.
- GenAI is not used to replace or generate new talent performances or union-covered work without consent.
Netflix also says if its partners are confident that they are following those guidelines, they only need to tell their designated company contact that they intend to use gen AI. But if partners are unsure or know that they’re not adhering to the rules, they should escalate to your Netflix contact for more guidance before proceeding, as written approval may be required.”
The post repeatedly stresses that while Netflix is very open to its partners using gen AI in a number of ways, it wants them to be mindful of the potential legal risks they might wander into by not running their plans by management and the company’s legal team beforehand. The post also makes a point of emphasizing that Netflix believes “audiences should be able to trust what they see and hear on screen.” And given gen AI’s potential to “blur the line between fiction and reality or unintentionally mislead viewers,” the streamer wants its partners to tread carefully.
Though the post does not mention production costs, all of this comes just a few weeks after Netflix co-CEO Ted Sarandos said that the company remains “convinced that AI represents an incredible opportunity to help creators make films and series better, not just cheaper.” Soon after, Sarandos began pointing to Netflix’s new Argentinian sci-fi series The Eternaut as an example of how gen AI could be used to bring a show in under budget. And now it seems like Netflix is very keen on other creative teams embracing that kind of workflow.
