Netflix should not have claimed Baby Reindeer was “a true story” at the beginning of each episode because the actions portrayed by the character Martha were worse than those of the real-life woman whose actions inspired the show, a US judge has said.
In a massive blow to the streaming giant, US federal court judge Gary Klausner has ruled the defamation action brought by Scottish lawyer Fiona Harvey, the real-life inspiration for Martha, could proceed.
Fiona Harvey (left) and Jessica Gunning as Martha in the Netflix series Baby Reindeer.
Harvey is seeking $US170 million in damages against the streaming giant. Her claim states that since the release of the series – in which “Martha” harasses and sexually assaults “Donny” (the show’s creator and star, Richard Gadd) – she had been “inundated … with threatening and harassing messages” from viewers, and had suffered “severe emotional distress in the form of anxiety, nightmares, panic attacks, shame, depression, nervousness, stomach pains, loss of appetite, and fear. Specifically, a fear of going outside”.
Netflix had sought to have the claim struck out under anti-SLAPP (strategic lawsuits against public participation) laws, which are designed to prevent legal challenges that seek primarily to silence, intimidate or otherwise hamper free speech, particularly in reference to journalistic reporting.
However, Klausner ruled against that motion. The decision by Netflix to include an opening line claiming “this is a true story” invited the audience to believe that what happened in the series is what happened in real life.
“Martha and Plaintiff [Harvey] have specific similarities that few others could claim to share,” he wrote in his 18-page ruling, released last Friday, US time.
Emmy winners: Richard Gadd won outstanding lead actor, Jessica Gunning won outstanding supporting actress and Baby Reindeer won outstanding limited or anthology series last month.Credit: Mark Von Holden/Invision/AP
“Specifically, Martha and Plaintiff are both Scottish lawyers living in London, 20 years older than Donny/Gadd, accused of stalking a lawyer in a newspaper article, who communicated with Donny/Gadd on social media.
“While there may be numerous Scottish lawyers living in London of the same approximate age as Plaintiff, it is very likely that only Plaintiff has been accused of stalking a lawyer in a newspaper article while also communicating with Gadd on social media.”