The lawsuit filed by Fiona Harvey, the Scottish woman who says she is the inspiration for Martha from Netflix’s “Baby Reindeer,” will go forward, after a California judge ruled that the show falsely claimed to be a “true story.”
Judge R. Gary Klausner ruled that the award-winning limited series “appears to present itself as fact” rather than star Richard Gadd’s interpretation. Klausner said “despite using fictional names for its characters, the Series is heavily based on reality” and that the show opens with “this is based on a true story” means Netflix can’t dismiss the lawsuit.
“There is a major difference between stalking and being convicted of stalking in a court of law,” he wrote in the ruling. “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.”
He added that Netflix “should have known the statements and portrayal of plaintiff through Martha were false, and that viewers would discover her identity and harass her based on these false statements and portrayals. Yet, defendants made no effort to investigate the accuracy of these statements and portrayals, or take further measures to hide her identity.”
Harvey has pursued her defamation case against the streaming service since June – shortly after the series blew up. “Baby Reindeer” recounts Gadd’s experience being stalked. Her suit is for $170 million.
The complaint stated, “It is a lie told by Netflix and the show’s creator Richard Gadd, out of greed and lust for fame” and that he and the streaming platform sought to “viciously destroy” her life. It further states that Harvey is “an innocent woman” who has been defamed “at a magnitude and scale without precedent.”
Harvey was never name-dropped in the series but it didn’t take fans long to connect the dots and track her down. In the time since the release, she’s appeared on shows like “Piers Morgan Uncensored.”
“It’s taken over enough of my life,” she told Morgan. “I find it quite obscene. I find it horrifying, misogynistic. Some of the death threats have been really terrible online. People phoning me up. You know, it’s been absolutely horrendous.”
Klausner did dismiss Harvey’s negligence, gross negligence and right of publicity claims.
