A court ruling has cleared the way for Fiona Harvey’s defamation lawsuit against Netflix and the creators of Baby Reindeer to advance, as a judge determined that viewers could interpret the series as a “true story.”
In a judicial order obtained by PEOPLE, Judge Gary Klausner dismissed Netflix’s argument that the show, created by Richard Gadd, is fictional, despite its opening text stating, “This is a true story.” The ruling comes in response to Harvey’s claims regarding the portrayal of a character named Martha, who is depicted as an obsessive stalker, drawing implications about her real-life actions towards Gadd.
Judge Klausner highlighted significant discrepancies between Martha’s on-screen actions and legal definitions of stalking and sexual assault, noting the potential impact on Harvey’s reputation. The ruling allows most of Harvey’s claims to proceed to trial.
Harvey has accused the show of defamation based on Gadd’s portrayal of her, which she argues misrepresents her character and actions. Gadd, who plays a version of himself named Donny Dunn, has stated that while he slightly altered events for dramatic effect, the core of the story reflects his actual experiences. He described the narrative as “emotionally true,” emphasizing that he was severely stalked and abused.
In a motion filed in July, Netflix sought to have the lawsuit dismissed with Gadd’s support, asserting that Harvey had indeed stalked and abused him, although parts of the series were fictionalized. The streaming giant argued that a “reasonable person” would not interpret the show as factual, given its cinematic elements.
However, Judge Klausner disagreed, emphasizing that the presentation of events would likely be viewed as factual assertions due to the explicit claim that the story is based on true events. He stated, “The very first episode states unequivocally that ‘this is a true story,’ thereby inviting the audience to accept the statements as fact.”
Harvey filed her lawsuit on June 6, seeking over $170 million in damages after claiming she faced harassment following the show’s release. She has categorically denied the allegations of sexual assault and stalking that were depicted in the series.
In support of Netflix’s dismissal efforts, Gadd detailed his encounters with Harvey, claiming that she stalked and harassed him from 2014 to 2017. He alleged that she engaged in unwanted sexual contact and persistently contacted him through various means, including thousands of emails and threats. Gadd reported feeling fearful of Harvey’s actions, ultimately leading him to contact the police.
Notably, Gadd also stated that Harvey publicly identified herself as the inspiration for the character Martha following the airing of the show.
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