A judge ruled on Friday that the Netflix series “Baby Reindeer” did not accurately represent itself as a “true story,” which permits the real-life “Martha,” Fiona Harvey, to continue her defamation lawsuit.
Harvey claims that the series, created by Richard Gadd, wrongly suggested that she had sexually assaulted Gadd, gouged his eyes, and had been imprisoned for stalking him.
In July, Netflix sought to have the lawsuit dismissed. In his defense, Gadd disclosed that Harvey had stalked him for several years during his employment at a London pub, where she occasionally pinched his buttocks and inundated him with thousands of unsettling emails and voicemail messages.
He eventually reported her to the police, which resulted in a “harassment warning,” but she was neither criminally charged nor imprisoned.
In his ruling on Friday, Judge Gary Klausner remarked that the series begins with the statement “This is a true story,” leading viewers to interpret the ensuing content as factual.
However, he concluded that the portrayal of Martha in the series is far more egregious than the actions Harvey is accused of in reality.
“There is a significant distinction between stalking and being legally convicted of stalking,” the judge stated.
“Similarly, there are critical differences between inappropriate touching and sexual assault, as well as between shoving and gouging another’s eyes.
While the actions attributed to the plaintiff are indeed reprehensible, the defendants’ assertions are of a more severe nature and could create a different perception in the mind of a viewer.”
Although Harvey was not named in the show, online detectives were able to quickly identify her through various digital clues.
At the time of his employment at the Hawley Arms pub, Gadd was an aspiring comedian and has claimed that the Netflix series is inspired by his experiences there.
However, he has also clarified that both the series and the stage play it is based on are fictionalized accounts, not intended as a precise “beat-for-beat recounting” of actual events.
The Sunday Times reported in June that Gadd had concerns about the inclusion of the line “This is a true story,” which was ultimately added at Netflix’s request.
The judge referenced this article in his ruling, suggesting it could indicate “actual malice,” meaning that Netflix was aware of the fictional nature of the show yet chose to present it otherwise.
Klausner did dismiss Harvey’s claims related to negligence, violations of her publicity rights, and requests for punitive damages.
However, he permitted her to pursue a claim for intentional infliction of emotional distress, which pertains to “extreme and outrageous” false statements.
“It seems that a reasonable viewer could interpret the statements about Martha as referring to the plaintiff,” the judge noted.
“The series asserts that the plaintiff is a convicted criminal who sexually and violently assaulted Gadd. These assertions may reach the threshold of extreme and outrageous conduct.”
