Netflix Baby Reindeer Case Heads To Court Over True Story
The Netflix series Baby Reindeer is a twisty, riveting tale that draws the audience into its fold, enveloping them in the strange and disturbing world it creates. The problem, though, is that a lawsuit alleges it’s also a true story, taken from the lives of real people. At the center of the controversy is the claim that the character Martha (Jessica Gunning) is based on a real person named Fiona Harvey, who came forward accusing Netflix of defamation and negligence.
Fiona Harvey’s Lawsuit Against Netflix
Harvey alleges in her suit that she is the inspiration for the character, Martha, who is depicted in Baby Reindeer as a convicted stalker and sex offender who had been to prison for her offenses. The suit goes on to accuse Netflix of making up these lies in order to make more money on the show since Harvey has never been convicted of a crime. The suit is seeking damages not only for defamation and negligence but also for violations of right of publicity law.
A Drama, Not A Documentary
Netflix vice president of original series, Anne Mensah, responded to the allegations by insisting that the studio doesn’t make shows just for publicity, but to tell stories and that the series is not a documentary, but a drama. She doubled down in supporting the show, backing the series creator Richard Gadd. Netflix has stated that they intend to defend Gadd and Baby Reindeer “vigorously”.
The Semantics Of The “True Story” Tag
The crux of the lawsuit is Netflix’s claim that Baby Reindeer is a true story, combined with their lack of effort to verify the facts included in the script. Harvey’s attorney, Richard Roth says you can’t have it both ways, arguing that either it is a true story, and therefore defames his client, or it’s not and should have the “true story” title at the start of the show removed. Harvey’s suit is seeking $170 million in compensation from profits the show made, in compensation for the defamation and negligence it alleges.
Defamation, Or Streisand Effect?
One major roadblock for Fiona Harvey’s lawsuit against Netflix for their alleged depiction of her in Baby Reindeer is that the series doesn’t use her real name. In order to prevail, she will have to show that the character is based on her, otherwise, there’s no basis for the publicity, defamation, and negligence complaints that she’s raised. It’s not certain yet when the complicated legal suit will go to court, but it’s sure to draw out more details concerning the stalking and assault allegations being leveled against Harvey.
Gadd’s Involvement In The Case
While series creator Richard Gadd isn’t named personally in the lawsuit, he has backed Netflix, vowing to testify in support of Netflix if the case goes to court in a statement calling on the case to be stricken. Gadd’s knowledge of how Baby Reindeer was written, edited, and changed throughout production puts him in a unique spot to testify to the extent to which his character Martha resembles the real-life person Fiona Harvey. However, his personal involvement in the story and allegations against Harvey of stalking makes it less clear if he can be objective.
