A US District Judge has ruled that Scottish lawyer Fiona Harvey can proceed with her defamation lawsuit against Netflix regarding its portrayal of her in the hit series Baby Reindeer. Harvey claims she was falsely depicted as the character Martha.
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Baby Reindeer was inspired by comedian Richard Gadd’s real-life experience of being stalked. The series debuted with a disclaimer reading, “This is a true story,” implying to viewers that the events depicted were factual.
Gadd has spoken openly about being stalked by a woman for several years while he worked at a London pub. The stalker is depicted in the series as Martha and it was based on Fiona Harvey, though she was never named directly in the show.
Harvey, the real-life inspiration for Martha, filed a $170 million defamation lawsuit against Netflix. She argues that the show falsely portrayed her as a convicted stalker and sexual assailant.
Harvey claims she has suffered severe emotional trauma as a result of the series leading to online harassment and death threats after her identity was revealed.
According to Harvey, the series inaccurately implied that she had been sent to prison for stalking and that she sexually assaulted Gadd, both of which she denies.
Richard Gadd alleged that Harvey sent him tens of thousands of emails and disturbing voicemails over the years. He also claimed she groped him while he worked at a pub and that he eventually reported her to the police.
Harvey was not convicted or sent to prison. She received a harassment warning from the authorities but no further legal action was taken against her.
Harvey’s legal team argues that the series’ portrayal of her actions is a gross exaggeration of reality, going as far as to show Martha committing sexual assault and violent behavior like gouging Gadd’s eyes, actions Harvey claims never occurred.
A critical moment in the lawsuit came when US District Judge Gary Klausner ruled that Harvey’s defamation claims could proceed. He stated that while Harvey’s alleged actions were indeed reprehensible, the character Martha’s behavior in the show was portrayed as worse.
Klausner addressed that the introduction stating the series is a true story likely misled viewers, making them believe the events were entirely factual when, in reality, the show was fictionalized.
Richard Gadd has since clarified that Baby Reindeer, as well as the stage play on which it was based, was never intended to be a complete factual retelling of his experience.
He acknowledged that the series was a interpretation and contained fictional elements. However, in his ruling, Klausner pointed out that Netflix failed to fact-check or sufficiently disguise Harvey’s identity.
Gadd had expressed reservations about the show being marketed as a true story, but Netflix insisted on including the tagline.
Klausner argued that Netflix could have avoided much of the legal trouble by either removing the phrase or further fictionalizing Harvey’s character.
Harvey became the target of online sleuths who managed to identify her based on public records and social media, despite Gadd not naming her in the series.
Following the airing of Baby Reindeer, Harvey received death threats and was harassed by individuals who recognized her as the inspiration for Martha.
Klausner noted that Netflix should have been aware that viewers would likely uncover Harvey’s identity, given the detailed nature of Gadd’s story and the public nature of social media.
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Harvey has expressed that this has caused her severe emotional distress, contributing to her claims of intentional infliction of emotional distress.
Harvey’s lawsuit is around defamation as she argues the show wrongfully identifies her as Martha and depicts her in an exaggerated and untrue manner.
Initially seeking up to $170 million in damages, Harvey claims the show has harmed her personal and professional life by depicting her as a dangerous criminal.
In her lawsuit, Harvey points out that she had never been convicted of stalking and there is a huge difference between stalking someone and being convicted of the crime.
US District Judge Gary Klausner denied Netflix’s motion to dismiss the defamation claim, allowing Harvey to proceed with her lawsuit.
The judge ruled that a reasonable viewer could associate the character Martha with Harvey based on the information presented in the show particularly given that Baby Reindeer opens by stating it is based on a true story.
Netflix argued that Baby Reindeer was a dramatized account of events and that the story was told from Richard Gadd’s perspective, rather than a factual retelling.
The streaming platform claimed that viewers could distinguish between the elements and real events especially in a series that features black comedy.
Netflix’s co-CEO, Ted Sarandos, defended the show by stating that it facilitates storytellers to tell their stories and Gadd’s interpretation was a dramatized version of events, not a documentary.
Judge Klausner dismissed their arguments, stating that the show’s depiction went beyond dramatization. He found that the show exaggerated events to a degree that could be harmful to someone wrongly identified as the character in question.
The judge highlighted that there is a huge difference between storytelling from a subjective point of view and labeling a show as a true story, which led viewers to believe the events in Baby Reindeer were factual.
While the defamation claim was allowed to proceed, the judge dismissed other claims from Harvey such as those for negligence, violation of publicity rights and punitive damages.
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