‘Baby Reindeer’: judge rules series is “not a true story” meaning “real” Martha can sue Netflix
A judge has ruled that Baby Reindeer is “not a true story” meaning the “real-life” Martha can sue Netflix.
The drama series, which was created and written by comedian Richard Gadd, proved a ratings hit on the streaming platform. Gadd portrays a fictional version of himself, Donny, in the show. The seven-part programme depicts Gadd’s real experience of being relentlessly stalked by an older woman who is called ‘Martha’ in the show and a title card in the first episode claims it is a “true story”.
On Friday (September 27), Judge Gary Klausner ruled that this billing of the story as “true” wasn’t accurate.
Fiona Harvey, the woman believed to be the inspiration behind Martha in Baby Reindeer, filed a defamation lawsuit against Netflix after the show aired earlier this year.
In his ruling, Judge Klausner said that Martha’s behaviour on the show is significantly worse than what Harvey is accused of in real life.
The judge wrote: “There is a major difference between stalking and being convicted of stalking in a court of law. 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.”
NME has reached out to Netflix for comment.
Harvey was never named on the show, but viewers subsequently attempted to find the real people behind the characters – something that led to Harvey giving her first TV interview on Piers Morgan Uncensored – where she threatened legal action against both Gadd and Netflix. She later said she was planning a case “against all those who have lied about me” in a lengthy statement.
She went on to identify herself as the inspiration behind Baby Reindeer, but denied many aspects of the story – including being a stalker, sending Gadd 41,000 emails, hundreds of voice messages and over 100 letters.
Harvey is seeking at least $50million (£39m) for actual damages, at least $50million in compensatory damages for “mental anguish, loss of enjoyment and loss of business”, as well as at least $50million for “all profits from Baby Reindeer“, and $20million (£15.6m) for punitive damages.
Klausner did dismiss Harvey’s claims for negligence, violation of her publicity rights, and for punitive damages. However, he has allowed her to pursue part of her claim relating to the emotional distress caused by “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.”
Gadd recently responded to the lawsuit, which was filed in California, after Harvey accused the streaming giant of defamation, intentional infliction of emotional distress, negligence, gross negligence and violations of her right to publicity (via The Guardian).
A spokesperson for Netflix said earlier this year: “We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story.”
Gadd has since responded to the lawsuit too, detailing what he describes as the “exhausting and extremely upsetting” stalking he allegedly experienced at the hands of Harvey in a 21-page document filed to a California court on July 29 (as per The Guardian).
In his acceptance speech, he said: “Look, 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.”
Baby Reindeer was a viewing smash following its arrival on Netflix earlier this year and topped global Netflix charts back in April. It spent a month atop the platform’s viewership rankings and was named Netflix’s 10th most-watched series of all time.
For more help, advice or more information regarding sexual harassment, assault and rape in the UK, visit the Rape Crisis charity website. In the US, visit RAINN.
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Elizabeth Aubrey
NME
