In a recent development, Fiona Harvey’s defamation lawsuit against Netflix has been permitted to proceed. This decision comes after a judge ruled that the Netflix series “Baby Reindeer” did not align with its portrayal as a “true story.” The show, which depicts the harassment and stalking of a struggling comic by a woman named Martha Scott, faced controversy when it was revealed that the character of Martha was based on Scottish lawyer Fiona Harvey.
Harvey filed a defamation lawsuit against Netflix, claiming that the series inaccurately portrayed her as a convicted criminal who had served time in prison for stalking. Netflix attempted to dismiss the lawsuit, with the show’s creator and star Richard Gadd disclosing that Harvey had stalked him and sent him numerous disturbing emails and voicemails.
The judge’s ruling highlighted that the series begins with the statement “This is a true story,” leading viewers to believe the events are factual. However, the judge found that the character’s behavior in the show was depicted as more severe than what Harvey was accused of in real life. While the character Martha in the series pleads guilty to stalking and harassment and is sent to jail, Harvey was only given a warning by the police and not criminally prosecuted as the series suggests.
The judge emphasized the distinction between the actions attributed to Harvey and the portrayal of her in the series, stating that while her actions were reprehensible, the series’ depiction was of a worse degree and could have a different impact on the viewer.
A federal judge has set a start date of 6th May for a lawsuit against Netflix filed by a woman named Harvey. The lawsuit is estimated to last about two weeks. Harvey claims that the series, billed as a “true story,” is “the biggest lie in television history.” The court disagreed with Netflix’s argument that the similarities between a character named Martha and Harvey are so broad that a reasonable person would not have been able to identify her. The judge pointed out specific similarities between Martha and Harvey, such as both being Scottish lawyers living in London, twenty years older than a certain individual, accused of stalking a lawyer in a newspaper article, and having communicated with that individual on social media. Although Harvey was never named on the show, her identity was quickly revealed by online sleuths who followed digital breadcrumbs from clues in the series, such as specific tweets depicted in the show.
In a recent court ruling, Netflix’s argument that the character Martha in a series was so broadly depicted that a reasonable person would not have been able to identify her was disagreed upon. The plaintiff, identified as Harvey, has brought forward a lawsuit against Netflix, alleging defamation, negligence, intentional infliction of emotional distress, and violations of her right to privacy, among other claims. Although Richard Gadd, the creator of the series, is not named as a defendant in the lawsuit, he filed a response in federal court defending a motion to dismiss Harvey’s claim. In his declaration, Gadd stated that he never intended for any real person to be identified as Martha Scott, including Harvey, and emphasized that Martha is a fictional character with distinct traits. A spokesperson for Netflix expressed the company’s intent to vigorously defend the matter and support Richard Gadd’s right to tell his story. Despite the controversy, the series received four Emmy awards and 11 nominations at the 2024 ceremony. During his acceptance speech, Richard Gadd used the platform to encourage abuse survivors, promising them that things will be okay.
