Judge rules that Netflix’s ‘Baby Reindeer’ was not a ‘true story’

A judge ruled Friday that the Netflix show “Baby Reindeer” failed to live up to expectations as a “true story,” allowing the real “Martha” to continue her defamation lawsuit.

The woman, Fiona Harvey, claimed the series, created by Richard Gadd, falsely suggested she sexually assaulted Gadd and gouged out his eyes, and was sent to prison for stalking him.

Netflix filed a motion to dismiss the lawsuit in July. In his defense, Gadd revealed that Harvey had stalked him for years while he worked in a London pub, sometimes pinching his bottom and sending him thousands of disturbing emails and voicemail messages. He eventually reported her to the police and was given a “harassment warning” – although she was not criminally charged or sent to prison.

In his ruling on FridayJudge Gary Klausner noted that the series begins with the phrase “This is a true story,” inviting the viewer to take what follows as fact. But he discovered that Martha’s behavior on the show is significantly worse than what Harvey is accused of in real life.

“There is a big difference between stalking and being convicted of stalking in court,” the judge wrote. “There are also big differences between inappropriate touching and sexual assault, and between pushing and gouging someone else’s eyes. While the alleged actions of the plaintiff are reprehensible, the statements of defendants are of a worse degree and may create a different effect in the mind of a viewer.

Harvey was never mentioned on the show, although online sleuths were able to quickly identify her from digital breadcrumbs.

Gadd was an aspiring comedian when he worked at the Hawley Arms pub, and said the Netflix series is based on his experiences there. But he has also said that that show, and the play on which it was based, were both fictionalizations, and not intended as a “beat-by-beat telling” of events.

The Sunday times reported in June that Gadd had reservations about including the line “This is a true story,” but that it was included at Netflix’s request. The judge included that article in his ruling, arguing that it could demonstrate “actual malice” — that is, Netflix knew the show was fictionalized but consciously chose to portray it in a different way.

Klausner has dismissed Harvey’s claims for negligence, violation of her publicity rights and damages. But the judge allowed her to pursue a claim of intentional infliction of emotional distress, which applies to “extreme and outrageous” false statements.

“It appears that a reasonable viewer can understand that the statements about Martha are about plaintiff,” the judge wrote. “The series alleges that plaintiff is a convicted felon who sexually and violently abused Gadd. These statements can rise to the level of extreme and scandalous behavior.”