The last word in the proceedings surrounding the Netflix series ‘Baby Reindeer’ has not yet been said. The woman on whom the series is allegedly based has received the green light from the federal judge in California to continue her lawsuit against the streaming service. The case will resume on May 6, 2025.
Baby Reindeer tells the true story of comedian Richard Gadd being stalked by Martha. A notable detail: Gadd is not only the writer of the series but also plays the lead role himself. In June 2024, Scottish Fiona Harvey, on whom the stalker character of Martha is allegedly based, went to court. She is suing the streaming service for defamation, negligence in accurately portraying her character, and intentional infliction of emotional distress. She is seeking a total of $170 million in damages, including punitive damages.
The two parties disagree on the boundaries between fact and fiction. Gadd – not a party in the proceedings himself – stated in a declaration supporting Netflix that the series is not a ‘documentary’ and ‘is not intended to depict actual facts’. For example, the identity of the real Martha was never mentioned in the series. He stated the following:
“The Series is a dramatic work. It is not a documentary or an attempt at realism. While the Series is based on my life and real-life events and is, at its core, emotionally true, it is not a beat-by-beat recounting of the events and emotions I experienced as they transpired. It is fictionalized, and is not intended to portray actual facts.”
Netflix filed a motion to dismiss, in which the streaming service sought to have Harvey's case dismissed. In a ruling on September 27, 2024, the federal judge dismissed Harvey's claims regarding negligence, her right to publicity, and punitive damages. The claims for defamation and intentional infliction of emotional distress remain for now and may be brought before the court again on May 6, 2025.
