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Judge rules Netflix’s Baby Reindeer misrepresented as ‘true story’

3 min read

Jessica Gunning as Martha in Baby Reindeer. (Ed Miller/Netflix).


A recent ruling by a U.S. judge has allowed Fiona Harvey to move forward with her defamation lawsuit against Netflix regarding the show “Baby Reindeer.” The judge determined that the series does not accurately represent its claim of being a “true story,” which Harvey argues has caused significant harm to her reputation.

Fiona Harvey, a British woman, asserts that she is the real-life inspiration for the character of “Martha,” depicted as a stalker in the Netflix series. In June, she filed a lawsuit against the streaming giant, alleging defamation, intentional infliction of emotional distress, and negligence, and is seeking an astonishing $170 million in damages.

In the opening episode of “Baby Reindeer,” viewers are informed that the story is based on true events. However, Judge Gary Klausner pointed out that the portrayal of Martha in the show is substantially more negative than the real-life allegations against Harvey. This distinction is crucial in understanding the impact of the series on Harvey’s life and reputation.

The lawsuit claims that the phrase “true story” is misleading and constitutes “the biggest lie in television history.” Harvey’s legal team argues that this characterization was fabricated by Netflix and the show’s creator, Richard Gadd, driven by a desire for fame and increased viewership. The suit contends that this false portrayal was not only a marketing strategy but also a deliberate act that has “viciously destroyed” Harvey’s life.

Judge Klausner acknowledged the show’s introductory statement, emphasizing that it leads viewers to perceive the ensuing narrative as factual. He noted the substantial differences between the character’s actions and those attributed to Harvey in reality. For example, the judge highlighted distinctions between stalking and being convicted of stalking, as well as between inappropriate touching and sexual assault.

While Gadd has maintained that he faced harassment from Harvey during his time working at a London pub, reporting her behavior to the police, he also admitted that she received only a harassment warning without any criminal charges. In a past interview, Gadd expressed reservations about labeling the show as a “true story” but eventually included the statement at Netflix’s insistence.

The ruling also addressed Netflix’s motion to dismiss the lawsuit, which was denied by the judge. Harvey’s claims regarding negligence, violation of her publicity rights, and punitive damages were upheld, while the judge allowed her to pursue claims for intentional infliction of emotional distress related to “extreme and outrageous” false statements made in the show.

This case comes amid “Baby Reindeer’s” recent success at the Primetime Emmy Awards, where it secured six awards, including Best Actor for Gadd and Best Supporting Actress for Jessica Gunning, who portrayed the stalker.

As the legal battle unfolds, it raises important questions about the responsibility of streaming platforms and creators when it comes to the representation of real individuals in dramatized narratives. The implications of the ruling could potentially set a precedent for similar cases in the entertainment industry, particularly in an era where content often blurs the lines between fact and fiction.

Harvey’s lawsuit is not only a personal battle against what she perceives as a damaging misrepresentation but also an exploration of the broader ethical considerations that come into play when entertainment intersects with real-life experiences. As the court proceedings continue, both Harvey and Gadd, along with Netflix, will likely face increasing scrutiny over their actions and the narrative they present to the public.

The outcome of this case could resonate well beyond the immediate parties involved, serving as a critical reminder of the weight that storytelling holds in shaping public perception and individual lives.

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