“Baby Reindeer’s real-life Martha given green light to ‘sue Netflix for defamation’ after judge gives key ruling”.
A court order obtained by PEOPLE ruled that Richard Gadd’s hit TV show could be presented 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 of the details in the series were real, along with a text that begins the show that reads: “This is a true story.”
Harvey, who says main character Martha’s life is based on his own, has denied that key parts of the show are true, including going to prison or court.
Baby Reindeer’s real-life Martha given green light to ‘sue Netflix for defamation’ after judge gives key ruling
A court order obtained by PEOPLE determined that Richard Gadd’s hit TV show (right) could be presented as a “true story,” meaning Fiona Harvey could file a defamation lawsuit against the streaming service.
She claims she never harassed Gadd, sexually assaulted him, nor was she convicted of stalking.
Judge Gary Klausner said in his order that “there is a big difference between stalking and being convicted of stalking in a court of law,” “inappropriate touching and sexual assault” and “pushing and hitting,” comparing the experiences Gadd had with Harvey. and the one seen on screen with Martha, according to PEOPLE.
It was previously revealed exclusively in the Mail that the show’s writer, Richard Gadd, who plays himself and based the premise on his own experiences, told filmmakers Clerkenwell Films that his stalker was never convicted.
Sources indicate that Gadd told Clerkenwell that the harasser was the subject of an “exclusion order”, a civil order and not the same as a criminal conviction for harassment.
This means that the show was always a fictional dramatization, although it came out under a banner that said “this is a true story.”
The comedian admitted that some part of the story was changed “slightly to create dramatic climaxes.”
Jessica Gunning and Richard Gadd photographed at the photo shoot in Los Angeles in May. It was previously revealed exclusively in the Mail that Gadd told producers at Clerkenwell Films that her stalker was never convicted.
Richard Gadd, who wrote and starred in the miniseries, photographed in north London. Sources indicate that Gadd told Clerkenwell that the harasser was the subject of an “exclusion order”, a civil order and not the same as a criminal conviction for harassment.
Fiona Harvey, who says main character Martha’s (pictured) life is based on her own, denies ever going to prison or court, as the show portrays.
It is unclear how Clerkenwell Films described the situation to Netflix or what compliance procedures were carried out.
He added: “It’s very true emotionally, obviously: I was severely harassed and severely abused.” “But we wanted it to exist in the realm of art, as well as protecting the people it’s based on.”
Netflix had asked for the lawsuit to be dismissed in July on the grounds that “a reasonable person would not understand the statements (about Harvey) to be statements of fact.”
However, the judge disagreed, saying: “The first episode unequivocally states that ‘this is a true story’, thus inviting the audience to accept the statements as fact.”
Harvey had filed the lawsuit on June 6 and had sought more than $170 million in damages as he claimed he faced a lot of harassment after the show aired.
As a result, Harvey claimed he planned to sue the show for defamation, negligence, intentional infliction of emotional distress and violations of the right of publicity, among other charges.
