A US judge has ruled that that the woman accused of stalking Baby Reindeer creator Richard Gadd can pursue her defamation lawsuit against Netflix, noting that the show was wrongly billed as a “true story” when Netflix “made no effort” to fact check Gadd’s story or disguise Harvey as the inspiration for Martha.
Fiona Harvey, the woman whom the show’s character Martha is based on, has alleged the show falsely implied that she sexually assaulted Gadd and gouged his eyes, and that she had been sent to prison for stalking him. After viewers managed to identify her as the inspiration for Martha – against Gadd’s wishes – Harvey filed a US$170m lawsuit, arguing that the show had defamed her by depicting Martha as a convicted stalker as she had not been convicted of a crime.
In his ruling, handed down on Friday in California, US district judge Gary Klausner noted that because the show’s episodes begin with the line “This is a true story”, it invited viewers to take the story as fact. But while Harvey’s “purported actions are reprehensible”, Klausner found, Martha’s actions in the show are “worse” than what Harvey is accused of in reality.
“There is a major difference between stalking and being convicted of stalking in a court of law,” he wrote. “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.”
In his defence, Gadd alleged that Harvey stalked him for years while he worked at a London pub, would pinch his behind, and sent him thousands of disturbing emails and voicemail messages. He said that while he reported her to the police, she got a “harassment warning” and was not criminally prosecuted or sent to jail.
Gadd has said that the Netflix show and the stage play on which it was based, were both fictionalised and not intended as a “beat-for-beat recounting” of reality. In June, the Sunday Times reported that Gadd had reservations about the line “This is a true story,” but that it was included at Netflix’s request.
Klausner noted the Sunday Times article in his ruling, arguing that it could demonstrate “actual malice” if Netflix chose to represent the story as fact when they knew it was fictionalised.
Harvey was never named in Baby Reindeer, but members of the public quickly identified her through her social media posts. Harvey has said she has received death threats, with Klausner acknowledging that she had suffered “severe emotional distress” and felt fearful about going outside.
Klausner said 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.”
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Klausner denied Netflix’s motion to throw out the suit and dismissed Harvey’s claims for negligence, violation of her publicity rights, and for punitive damages. But, the judge allowed Harvey 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.”
Earlier this month, actor Jessica Gunning won an Emmy for her portrayal of Martha in Baby Reindeer, which won four Emmys overall.
