Photo: Collected
A federal judge has ruled that Netflix’s series “Baby Reindeer” cannot claim to be a “true story,” allowing the real-life “Martha” at the center of the narrative to proceed with her defamation lawsuit against the streaming platform.
Fiona Harvey, who inspired the character “Martha,” is suing Netflix and the show’s creator, Richard Gadd, arguing that the series falsely depicts her as a violent stalker who sexually assaulted Gadd and was imprisoned—allegations she denies.
Netflix tried to dismiss the lawsuit, claiming Gadd’s portrayal was protected as free speech based on his personal experiences.
However, Judge Gary Klausner noted significant differences between Harvey’s actual behavior and how she is depicted in the series.
“The series begins with ‘This is a true story,’ suggesting to viewers that the content is factual,” Klausner stated, adding that there are major discrepancies between the real-life events and what is shown on the show.
Harvey, who has never been criminally convicted, received a “harassment warning” after Gadd reported her behavior to the police. Gadd claimed she stalked him, touched him inappropriately, and sent numerous unsettling messages. Despite these allegations, Harvey was not prosecuted or jailed.
Klausner highlighted that while Harvey’s actions were inappropriate, they did not reach the level of criminality portrayed in “Baby Reindeer.”
He emphasized the difference between accusations of stalking and a legal conviction, as well as between inappropriate touching and sexual assault.
Gadd, now a comedian, based “Baby Reindeer” on his experiences working at a London pub where he claimed Harvey harassed him. He initially presented the story as a stage play, later adapted into the Netflix series.
Although Gadd asserts the series is a fictionalized version of events, he expressed concerns over Netflix’s decision to include the line “This is a true story.”
Judge Klausner dismissed some of Harvey’s claims, such as negligence and punitive damages, but allowed her to proceed with defamation and emotional distress suits.
He noted that if the portrayal of Harvey as a violent criminal is proven false, it could constitute “extreme and outrageous conduct,” justifying the emotional distress claim.
Although Harvey is not named in the series, online viewers were able to identify her through hints in the show and Gadd’s public comments, adding weight to her defamation claim.
Netflix has not commented on the ruling, and the case will move forward in the coming months. Gadd has defended the show’s depiction as a dramatization of his experiences.
