A judge has ruled that the hit Netflix series, Baby Reindeer, in which struggling comedian Donny (played by Richard Gadd) is shown dealing with a deeply troubled stalker named Martha, should not have been billed as a true story.
At the start of the show, viewers are shown text explaining that the series based on a true story, and off-screen, Gadd has also performed a play at the likes of the Edinburgh Fringe festival depicting his real-life experiences of being stalker.
Following the show, the 'real' Martha – who the character was said to be based on – outed herself as a woman named Fiona Harvey, who consented to a public interview with Piers Morgan in which she strongly denied any wrongdoing (and more specifically sexually assaulting Gadd or being imprisoned for stalking him). However, she did admit that she'd met the comedian on more than one occasion when he worked in a bar.
Now, because a judge in the US, Gary Klausner, has ruled that Baby Reindeer was incorrectly labelled as a 'true story', Harvey is able to proceed with a defamation lawsuit.
The ruling said Netflix "made no effort" to disguise who the character of Martha, portrayed by Jessica Gunning, was based on, nor fact check Gadd's script.
Klausner wrote in a statement on the ruling: "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.
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"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 has said his play based on his interactions with Harvey and the Netflix scripts are fictionalised versions of real-life events, as opposed to a "beat-for-beat recounting".
The judge 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."
While Harvey has denied being able to try and claim for negligence, a violation of her publicity rights, and for punitive damages, Klausner ruled that she is able to claim on the grounds of intentional infliction of emotional distress, in the context of "extreme and outrageous" false statements.
The judge concluded, "It appears that a reasonable viewer could understand the statements about Martha to be about plaintiff. 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."
Jennifer Savin is Cosmopolitan UK's multiple award-winning Features Editor, who was crowned Digital Journalist of the Year for her work tackling the issues most important to young women. She regularly covers breaking news, cultural trends, health, the royals and more, using her esteemed connections to access the best experts along the way. She's grilled everyone from high-profile politicians to A-list celebrities, and has sensitively interviewed hundreds of people about their real life stories. In addition to this, Jennifer is widely known for her own undercover investigations and campaign work, which includes successfully petitioning the government for change around topics like abortion rights and image-based sexual abuse. Jennifer is also a published author, documentary consultant (helping to create BBC’s Deepfake Porn: Could You Be Next?) and a patron for Y.E.S. (a youth services charity). Alongside Cosmopolitan, Jennifer has written for The Times, Women’s Health, ELLE and numerous other publications, appeared on podcasts, and spoken on (and hosted) panels for the Women of the World Festival, the University of Manchester and more. In her spare time, Jennifer is a big fan of lipstick, leopard print and over-ordering at dinner. Follow Jennifer on Instagram, X or LinkedIn.
