Judge rules ‘Baby Reindeer’ not a true story – accuser can sue Netflix

A US judge has ruled that the Netflix show Baby Reindeer has misled viewers by billing itself as a “true story”, allowing the real-life “Martha” to pursue her defamation lawsuit against the streamer.

Baby Reindeer, named Netflix’s 10th most-watched series of all time, was inspired by series creator and comedian Richard Gadd’s real experiences of being stalked, with each episode beginning with a message that reads: “This is a true story”.

Fiona Harvey, the inspiration for the stalker character of Martha in the show, alleged that the series falsely implied that she sexually assaulted Gadd and had been sent to prison for stalking him. Earlier this year, she took legal action against Netflix, accusing the platform of “defamation, intentional infliction of emotional distress, negligence, gross negligence” and “violations of [her] right to privacy”, requesting $170 million (approx. €152m) in damages.

Netflix filed a motion to throw out the suit earlier this year, and Gadd revealed that Harvey had stalked him for years when he worked at a London pub. He reported her to the police and she got a “harassment warning.” Harvey was not criminally prosecuted or sent to jail. Gadd has said the Netflix series is based on his experience, but has also stated that show, and the stage play on which it was based, were both fictionalizations.

Harvey was never named on the show, but online sleuths quickly identified her based on her digital history. This led Harvey to give a TV interview on the show Piers Morgan Uncensored and to identify herself as the inspiration behind Baby Reindeer – despite denying that she stalked Gadd, sent him 41,000 emails and hundreds of voice messages.

Now, US district judge Gary Klausner has ruled that Harvey can move forward with parts of her lawsuit, claiming that the “true story” introduction misled viewers into thinking that Baby Reindeer was entirely factual.

While Klausner said her “purported actions are reprehensible”, he said the fictional character Martha’s behaviour was “worse”, and that she therefore had a case.

“There is a major difference between stalking and being convicted of stalking in a court of law,” he said. “Likewise, there are major differences between inappropriate touching and sexual assault, as well as between shoving and gouging another’s eyes.”

“While plaintiff’s purported actions are reprehensible, defendants’ statements are of a worse degree and could produce a different effect in the mind of a viewer.”

Klausner did dismiss Harvey’s claims for negligence, violation of her publicity rights, and for punitive damages. He did, however, allow her to pursue a claim of intentional infliction of emotional distress, which applies to “extreme and outrageous” false statements.

“It appears that a reasonable viewer could understand the statements about Martha to be about Plaintiff,” the judge wrote. “The Series states that Plaintiff is a convicted criminal who sexually and violently assaulted Gadd. These statements may rise to the level of extreme and outrageous conduct.”

Netflix previously stated that it would “defend this matter vigorously”, and insisted they stood by “Richard Gadd’s right to tell his story” – a sentiment echoed by actress Jessica Gunning, who recently won an Emmy for her portrayal of Martha. Gunning said in an interview on the podcast Perfect Day that Richard had “every right to tell his side of this story in an artistic, emotionally truthful way”.

Gadd’s show nabbed 11 nominations and won four Emmys earlier this month. Gadd used his acceptance speech to encourage abuse survivors to “keep going.”

“10 years ago, I was down and out right? I never, ever thought I’d get my life together. I never, ever thought I’d be able to rectify myself for what had happened to me and get myself back on my feet again. And then here I am, just over a decade later picking up one of the biggest writing awards in television.”

He continued: “I don’t mean that to sound arrogant – I mean it as encouragement for anyone who’s going through a difficult time now to persevere. I don’t know much about life, I don’t know why we’re here; none of that. But I do know that nothing lasts forever and no matter how bad it gets, it always gets better. So if you’re struggling, keep going. Keep going and I promise you, things will be okay.”

Additional sources • AP, Hollywood Reporter