I wouldn’t really categorize either in that manner. More detail for anyone who cares.
Netflix presents (in my estimation) a greater regulatory risk than the other bidders (who themselves are not free from risk). Netflix could have agreed to do everything under the sun to get the deal cleared (so called "hell or high water" obligations). Instead, they agreed to a more measured standard. They are required to litigate against the government to close the deal, and they are required to accept government-imposed divestiture requirements for the WBD business unless doing so would be extremely bad for the business (in plain english). Importantly, they are not required to divest Netflix's other businesses. So, you can think of the $5.8 bln break fee as compensating WBD for taking this level of regulatory risk.
Separately, WBD has to shut down their auction, but they can still terminate the deal if they get an unsolicited superior proposal from someone. Very unlikely since they ran a very public process, but if that happened, they would have to pay Netflix a $2.8 billion break fee.