Baby Reindeer’s ‘real-life Martha’ gets the green light to ‘SUE Netflix for libel’ after judge gives key ruling – opening the door for $170m lawsuit against the American streaming giant
Baby Reindeer’s real Martha has been given the green light to ‘sue Netflix for defamation’ after the judge made a major ruling.
A court order obtained by PEOPLE ruled that Richard Gadd’s hit TV show could be portrayed as a “true story,” meaning Fiona Harvey could file a defamation lawsuit against the streaming service.
The court disagreed with Netflix that they had created a fictional story, as many details of the series were factual, along with a text that opens the show and reads: “This is a true story.”
Harvey, who says main character Martha’s life is based on her own, has denied that significant parts of the show are true, including going to jail or court.
Baby Reindeer’s real Martha has been given the green light to ‘sue Netflix for defamation’ after judge makes major ruling
A court order obtained by PEOPLE ruled that Richard Gadd’s (right-wing) hit TV show could be portrayed as a “true story,” meaning Fiona Harvey could file a defamation lawsuit against the streaming service
She claims she never stalked Gadd, never sexually assaulted him, and has never been convicted of stalking.
Judge Gary Klausner said in his order that “there is a major difference between stalking and being convicted of stalking in a court of law,” “inappropriate touching and assault” and “pushing and gouging,” when comparing the experiences Gadd had with Harvey and that of the one seen on screen with Martha, according to PEOPLE.
It was previously exclusively revealed in the Mail that the show’s writer Richard Gadd, who plays himself and based the premise on his own experiences, told makers Clerkenwell Films that his stalker has never been convicted.
Sources indicate that Gadd told Clerkenwell that the stalker was the subject of an “exclusion order” – a civil order and not the same as a criminal conviction for stalking.
This means that the show was always a fictionalized dramatization – although it was released under a banner that read ‘This is a true story’.
The comedian admitted that part of the story was “altered slightly to create dramatic climaxes.”
Jessica Gunning and Richard Gadd pictured during the photo shoot in Los Angeles in May. It was previously exclusively revealed in the Mail that Gadd told makers Clerkenwell Films that his stalker was never convicted
Richard Gadd, who wrote and starred in the miniseries, pictured in North London. Sources indicate that Gadd told Clerkenwell that the stalker was the subject of an ‘exclusion order’ – a civil order and not the same as a criminal conviction for stalking
Fiona Harvey, who says the life of main character Martha (pictured) is based on her own life, denies ever going to jail or court, as the show shows
It is not clear how Clerkenwell Films described the situation to Netflix, or what compliance procedures were followed.
He added: ‘It’s obviously very emotionally true: I was seriously stalked and seriously abused. But we wanted it to exist in the art world and for it to protect the people it’s based on.”
Netflix had asked in July to dismiss the lawsuit because “a reasonable person would not understand the statements” [regarding Harvey] they are statements of fact.”
However, the judge disagreed, saying: “The very first episode states unequivocally that ‘this is a true story’, inviting the audience to accept the statements as fact.”
Harvey had filed the lawsuit on June 6, asking for more than $170 million in damages, claiming she faced a lot of harassment after the show aired.
As a result, Harvey claimed she planned to sue the show for defamation, negligence, intentional infliction of emotional distress, and right of publicity violations, among other charges.