Los Angeles, California – A Scottish woman, Fiona Harvey, is moving forward with her defamation lawsuit against Netflix after being accused of stalking the creator and star of the series “Baby Reindeer,” Richard Gadd. Federal Judge R. Gary Klausner in California ruled against dismissing all of Harvey’s claims, stating that there are differences in how the show depicted her actions that could affect viewers’ perceptions.
The Emmy-award winning miniseries on Netflix features Gadd recounting a “true story” of being stalked by a woman who bombards him with emails and voicemails. The show gained worldwide attention after its debut in April, sparking discussions about the characters and their real-life inspirations. Harvey, identified as the “real Martha Scott” online, filed a complaint in the District Court for the Central District of California, seeking a jury trial and $170 million in damages.
Despite Gadd’s plea to respect the privacy of those involved in the story, online sleuths still identified Harvey as the inspiration behind the character Martha. In her lawsuit, Harvey points out several differences between herself and the character portrayed in the show, arguing that viewers linked her to criminal behavior and violent acts that she did not commit.
Judge Klausner addressed Netflix’s argument that the portrayal of Harvey in the show was “substantially true,” emphasizing the distinction between fictional representation and real-life actions. He also raised the possibility of Harvey showing “actual malice” if Netflix knowingly presented fictional events as facts.
While the defamation and intentional infliction of emotional distress claims will proceed, Harvey’s negligence and right of publicity claims were dismissed by the judge. Additionally, the request for punitive damages was not granted in the ruling. The case highlights the complex legal issues surrounding the portrayal of real-life events in fictional works and raises questions about the responsibility of creators and platforms in representing individuals accurately in their storytelling.