Fresh off its epic wins at the 76th Emmys this month, Baby Reindeer still has a lawsuit to contend with. On Friday, September 27, a judge ruled that the real-life Martha, Fiona Harvey, could go ahead with her her defamation suit against Netflix after the series which fell short of its claims that it was a “true story” in its opening credits. Created by Richard Gadd, Baby Reindeer is based on the comedian’s personal experiences of being stalked by a female ‘fan’ when he worked at a London pub.
Netflix defamation suit to continue
Harvey, who was found out by internet sleuths and fans of the series, also came forward after the series premiere. She spoke out against Gadd and the streaming services for what she claimed were lies against her. The seriesBaby Reindeer alleges that the character of Martha, played Emmy winner Jessica Gunning, physically and sexually assaulted Gadd and was convicted of stalking.
In July, Netflix had filed a motion to throw out Harvey's suit in July. The events in the series and what happened in real-life are different. Furthermore, the opening line, "This is a true story," lets audiences believe that everything in the limited drama series is factual. Judge Gary Klausner 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.”
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The judge also dismissed Harvey’s claims for negligence, violation of her publicity rights, and for punitive damages. Harvey is allowed to pursue her claim of intentional infliction of emotional distress, as the series allows viewers to think that Martha and Harvey's actions were the same.
Gadd and Netflix had differences about opening credits
According to The Sunday Times, Gadd was unsure about including the line about the true story in the show. The actor-comedian has repeatedly stated that the series, which has been adapted by his stage play, is fictionalised yet based on his own experiences. The names of all the people involved, including himself, have been changed for the show. Netflix wanted the line to be present in the limited series.