On Thursday, a judge declined to dismiss a complaint filed by a Georgian chess master who claimed she was defamed in an episode of Netflix‘s “The Queen’s Gambit.”

Nona Gaprindashvili, a chess player who came to prominence in the Soviet Union in the 1960s, sued Netflix in federal court in September. She objected to a phrase in the series in which a character asserted erroneously that Gaprindashvili had “never faced males.” Gaprindashvili contended that the remark was “grossly sexist and demeaning,” noting that by 1968, the year the series was set, she had fought 59 male rivals.

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Netflix filed a motion to dismiss the action, claiming that the show is a work of fiction and that the First Amendment provides show creators with broad artistic liberty.

However, U.S. District Judge Virginia A. Phillips disagreed in a ruling issued on Thursday, saying that Gaprindashvili had established a reasonable claim that she had been defamed. Phillips also decided that works of fiction are not exempt from defamation charges if they make disparaging remarks about real people.

“Netflix does not reference, and the Court is unaware of any precedents precluding defamation claims for the depiction of actual persons in otherwise fictional works,” Phillips concluded. “The fact that the Series was a fictional work does not exclude Netflix from defamation responsibility if all of the elements of defamation are present.”

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“The Queen’s Gambit” is based on Walter Tevis’ 1983 novel of the same name, and follows Beth Harmon, a fictional American woman who becomes an international chess champion in the 1960s. Harmon defeats a male rival in the final episode, which takes place in Moscow. According to a chess announcer, her opponent underestimated her: “Elizabeth Harmon is not at all an important player by their standards.” Her sex is the only thing that distinguishes her. Even yet, this is not unusual in Russia. Nona Gaprindashvili exists, but she is the female world champion and has never faced a man.”

Netflix claimed that it relied on two chess experts to get the details right and that the show’s makers had no intention of offending Gaprindashvili.

“The Series’ mention to Plaintiff was intended to recognise her, not insult her,” the streamer’s attorneys contended.

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Phillips highlighted in her ruling that the show’s concept involves breaking down gender barriers. However, she stated that the show could be interpreted as extolling the accomplishments of the fictional Harmon while disparaging those of the real-life Gaprindashvili.

“An average viewer, as Plaintiff claims, may easily perceive the Line as ‘disparaging Plaintiff’s accomplishments’ and ‘bearing the stigma that women bear a badge of inferiority that fictional American lady Harmon, but not Plaintiff, could transcend,” the judge said. “At the very least, the statement is disrespectful of Plaintiff’s defining achievements.”

Netflix relied significantly on an appellate decision in a similar case involving actress Olivia de Havilland. In that case, de Havilland sued FX Networks over her representation in Ryan Murphy’s show “Feud.” The appeals court dismissed the case, concluding that artists have great artistic freedom in depicting real individuals. That decision was widely applauded in the entertainment industry.

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In the de Havilland case, the fake dialogue was spoken by actors playing real individuals. The appeals court concluded that certain sequences should be interpreted as dramatisations rather than precise reproductions of actual events. Phillips ruled that, unlike, in that case, viewers might be led to believe that Gaprindashvili had never faced a man.

“The Queen’s Gambit” also included a customary disclaimer, stating that “the characters and events depicted in this show are fictitious.” There is no intention of depicting actual people or events.” However, the judge found that this was insufficient to eliminate the perception that the performance was making a factual assertion.

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“In context, Netflix thus ‘created the idea that [it] was presenting objective truths,” Phillips concluded. “Plaintiff adequately pleads untruth because the Line is reasonably susceptible of an interpretation that suggests a provably false assertion of fact.”

Netflix did not respond to the ruling.