Netflix has admitted that Baby Reindeer’s real-life stalker was never convicted, as Richard Gadd’s lawyers prepare for a $170 million defamation fight.
Streaming He reportedly admitted that Martha Scott – who was quickly identified as Scottish lawyer Fiona Harvey in the “true stories” series – was only served with a court order for her interactions with the comedian.
This comes after the Crown Prosecution Service previously told MailOnline that Harvey had been found not guilty of one charge of sending via a public communication network an offensive, indecent, obscene and threatening message.
The admission from Netflix, which promoted the drama as based on Gadd’s real-life experience, came in a letter to the British Parliament’s Culture, Media and Sport Committee.
In a speech to Parliament in May, Netflix’s senior director of public policy in the UK told MPs that the show was “a true story of the horrific abuse that writer and star Richard Gadd suffered at the hands of a convicted stalker”.
Fiona Harvey, who is supposedly the woman Martha Scott is based on, appeared on Piers Morgan’s show earlier this year.
Richard Gadd attends the 2024 Gotham TV Awards at Cipriani 25 Broadway in June 2024
Netflix has admitted that Baby Reindeer’s real-life stalker was never convicted, as Richard Gadd’s lawyers prepare for a $170 million defamation lawsuit. Pictured: A clip from the show
However, in a letter sent six days later to Dame Caroline Dinenage – the then chair of culture, media and sport – Mr King clarified his position, admitting that Harvey had not been convicted.
The note, first reported by DeadlineMr King said: “I wanted to clarify our understanding that the person on whom the programme is based – who we have not at any point sought to identify – was subject to a court order and not a conviction.”
She added: “The author of Baby Reindeer suffered severe harassment over many months (as it now appears has been the case for many others), which had a significant impact on his wellbeing.”
This comes after Gadd filed a 21-page declaration in a California court on Monday, alleging he was “harassed and stalked” by Harvey for “several years.”
Harvey filed a defamation lawsuit in federal court in Los Angeles in June alleging the series portrayed her as “a twice-convicted stalker sentenced to five years in prison.”
He said Baby Reindeer’s claim that the series was a “true story” was “the biggest lie in the history of television.”
In the documents, Gadd alleges that Harvey sent her “thousands” of messages that “often included sexually explicit, violent and derogatory content, hate speech and threats.”
Gadd’s statement was filed in support of Netflix’s motion to dismiss Harvey’s defamation suit, which she says is a “baseless attack” on the company’s free speech.
Baby reindeer documented the “true story” that Gadd experienced, showing depictions of a horrific stalking
Netflix argued that Harvey’s claims should be dismissed because the series was not based on real life. Gadd (pictured in a Baby Reindeer promo) echoed Netflix’s claim, stating in her court filing that the series “is not a documentary depicting verbatim real details and images.”
The company further argues that the series fails to identify Harvey as an alleged abuser and is a “substantially true” depiction of his alleged actions.
Harvey, a Scotswoman living in England, filed a lawsuit in federal court in Los Angeles last month alleging she was defamed by her portrayal of a stalker in the hit miniseries.
She also alleged that the streaming giant was negligent, intentionally subjected her to emotional distress and violated her right to privacy.
Gadd, in his declaration filed in federal court on Monday, claimed Harvey “harassed and stalked me for several years,” according to the filing, which was obtained from the court by the Mail.
“Overall, it was an incredibly stressful and troubling period, with a sustained period of relentless behavior spanning several years,” she wrote in court documents.
‘It is impossible to exhaustively list all of Harvey’s conduct, as there were many instances of unwanted personal interaction and attempts to engage, as well as deeply troubling communication.’
Gadd alleged that Harvey “sent me thousands of emails, hundreds of voicemails and numerous handwritten letters” that he said “often included sexually explicit, violent and derogatory content, hate speech and threats,” the filing states.
He accused her of monitoring his social media accounts, specifically his Twitter profile, now called X, and sending him emails asking him to comment on photos he posted, the statement said.
Richard Gadd pictured with actress Jessica Gunning, who played Martha Scott in Baby Reindeer
Harvey filed a defamation lawsuit in federal court in Los Angeles in June alleging the series portrayed her as “a twice-convicted stalker sentenced to five years in prison.”
Citing a January 2015 message, Gadd wrote in the document: “Harvey sent me an email with the subject line ‘yummy mom,’ which said ‘I see your mom is on Twitter… I looked you up to see what was going on in your head and you retweeted her.'”
The actor, citing another alleged case of social media monitoring, added that “on September 17, 2016, Harvey sent me an email saying ‘I love the picture of you sleeping on Twitter.'”
He further claimed she admitted to being “racist” in an email and “frequently” used “hate speech and derogatory racist and homophobic language” in her correspondence, court documents revealed.
Gadd, in an attempt to offer “a microcosm of the magnitude of her targeted harassment,” also accused Harvey of putting herself in the spotlight by identifying herself as the woman who inspired Martha in the series.
“I never intended for the series to identify any real person as Martha Scott, including Harvey,” she wrote in the documents.
‘Martha Scott is not Fiona Harvey. Like all characters in the series, Martha is a fictional character with fictional personality traits that are very different from Harvey’s.’
Baby Reindeer premiered on Netflix in April, and Harvey came out publicly and gave an interview to Morgan about a month later.
Gadd argued in the filing that if “he were called as a witness, he could and would testify” to the allegations detailed in his statement.
Gadd also claimed that in 2016 she “obtained a first-instance harassment warning against Harvey” from police in the UK, court documents revealed.
Mr Gadd continued: ‘I was surprised that Harvey appeared on Piers Morgan Uncensored.
‘Although I have only seen certain segments, I understand that she claimed she was the inspiration for the character of Martha and that she never sent me thousands of emails or left me any voicemails.
‘She harassed and stalked me for several years, and since her interview, other people have contacted me through my agents and publicists and said they were also harassed by Harvey, but they were all too afraid of her to speak out about it.’
Gadd argued in the filing that if “he were called as a witness, he could and would testify” to the allegations detailed in his statement.
She also claimed that in 2016 she “obtained a first-instance harassment warning against Harvey” from police in the UK, court documents revealed.
Harassment warnings are notices given to an alleged abuser that a complaint has been filed against them and inform them that police action may be taken if there are similar reports in the future.
Netflix also filed its motion to dismiss the case on Monday, criticizing Harvey.
Netflix said the lawsuit was a “baseless attack on Netflix’s exercise of free speech” and was barred by California’s anti-Strategic Lawsuits Against Public Participation (“anti-SLAPP”) statute, which is designed to stop frivolous lawsuits.
Netflix said that “any reasonable viewer” would conclude that the series “is not a factual documentary depicting verbatim details and images.”
She later used Harvey’s own words against him in an interview with Morgan when she noted: “Martha can’t be me… (she) is a fictional character.”
Netflix says: ‘Harvey is right: no reasonable viewer could understand the series enough to make any statements of fact, let alone a statement specifically about Harvey.’
Gadd, in his statement, echoed Netflix’s claim, saying Baby Reindeer “is not a documentary that depicts literal real details and images.”
Baby Reindeer premiered on Netflix in April, and Harvey came out publicly and gave an interview to Morgan about a month later.
But her lawsuit says British viewers and media had identified her long before that and have tormented her constantly since.
The suit also alleges that Harvey bears an “uncanny resemblance” to Martha, played by actress Jessica Gunning, and says their “accent, manner of speaking and cadence” are “indistinguishable.”
Harvey is seeking all profits from Baby Reindeer and is seeking punitive and other damages totaling at least $170 million.
Earlier this month, Baby Reindeer earned 11 of the 2024 Emmy nominations, dominating the awards ceremony.
