I don’t see how that differs from any other fiction. Either the whole thing is non fiction, or it’s fictional.
I would even go so far as to label only videos of an event itself, like security recordings, to be non fiction as re-enactments and whatnot can have a lot of extra information that was not there in real life.
> Either the whole thing is non fiction, or it’s fictional.
You miss out on a lot with this way of thinking. The interesting stuff is in the middle.
It would be very difficult for any TV show or film to meet this bar for non-fiction, because even if the footage is real there's still an edit.
The Senna documentary[1] is in the grey area. It's entirely composed of archival footage - no reconstructions, no talking heads, no voiceover. But the filmmaker has still chosen which footage to include and omit and in what order to construct a narrative. I don't think that neatly falls into fiction or non-fiction in your model.
[1] https://www.imdb.com/title/tt1424432/