Netflix has been unsuccessful in its attempt to have a defamation lawsuit dismissed, filed by Fiona Harvey, the woman who claims she inspired the stalker character in the hit series Baby Reindeer.
Harvey alleges that Netflix broadcasted “brutal lies” about her to over 50 million viewers worldwide.
The show, created by Richard Gadd, is presented as a “true story,” but a judge found that several key events in the series, such as a conviction for stalking, did not happen in real life.
Gadd’s original stage play was labeled “based on a true story,” but the judge, Gary Klausner, noted significant differences between the portrayal in the series and the actual events.
Harvey’s lawsuit states that she did not engage in many of the extreme actions depicted, including stalking a police officer, committing sexual assault, or violently attacking Gadd in a pub.
Netflix argued that these depictions were “substantially true” because Harvey had engaged in similar behavior, but the judge disagreed, pointing out the discrepancies between inappropriate touching and sexual assault, and shoving versus gouging someone’s eyes.
In his ruling, Judge Klausner stated that presenting Baby Reindeer as “a true story” could lead viewers to believe the events were factual, despite the show’s black comedy-drama style.
The judge also rejected Netflix’s argument that Harvey could not be identified as the character “Martha,” citing specific similarities between Harvey and the character that would make her identifiable to viewers.
While parts of Harvey’s case were dismissed, such as her claims of negligence and her request for punitive damages, the defamation claim remains.
Netflix has expressed its intent to “vigorously” defend the case, standing by Gadd’s right to tell his story.
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