A US judge has ruled that a woman accused of stalking 'Baby Reindeer' author Richard Gadd can sue Netflix for defamation. It said the program was falsely promoted as a “true story” despite “making no effort” to fact-check Mr Gadd's story. Or you could pass off Harvey as Martha's inspiration.
Fiona Harvey, the woman on whom the show's character Martha was based, claimed the show falsely suggested she had sexually assaulted Ms Gadd, gouged out her eyes and sent her to prison for stalking her. . Against Gad's wishes, Harvey defamed the show for portraying the unconvicted Martha as a convicted stalker after viewers identified her as the source of Martha's inspiration. The company filed a $170 million lawsuit alleging that it was
in him Judgment handed down Friday in CaliforniaU.S. District Judge Gary Klausner noted that episodes of the show begin with the line, “This is a true story,” encouraging viewers to accept the story as fact. But Klausner found that while Harvey's “alleged actions were reprehensible,” Martha's actions on the show were actually “worse” than what Harvey was accused of.
“There is a big difference between stalking and being convicted of stalking in court,” he wrote. “Similarly, there is a big difference between inappropriate touching and sexual assault, and between poking someone in the eye and gouging them. Although the plaintiff's alleged actions are reprehensible, The defendant's statements are even more egregious and may have a different impact on the minds of viewers.”
In her defence, Ms Gadd claimed Mr Harvey had stalked her, pinched her back and sent her thousands of disturbing emails and voicemails for years while she worked at a London pub. . He said he reported her to the police but received a “harassment warning” and was not charged criminally or sent to prison.
Gadd said that both the Netflix show and the stage play it is based on are works of fiction and are not intended to be “point-by-point retellings” of reality. The Sunday Times in June reported Gad was reluctant to include the line “This is a true story,'' but it was added at Netflix's request.
Klausner cited the Sunday Times article in his ruling, saying that if Netflix chose to represent the story as fact while knowing it was fiction, it could show “actual malice.” He claimed that there was.
Although Harvey's name was not listed in “Baby Reindeer,” the public quickly identified her through her social media posts. Mr Harvey said he had received death threats, and Mr Klausner admitted he was suffering from “severe emotional distress” and was afraid to go outside.
Klausner said Netflix “should have known that Martha's statements and depictions of Plaintiff were false and that viewers would learn her identity and harass her based on these false statements and depictions.” It was,” he said. However, defendants made no effort to investigate the accuracy of these statements or depictions or to take further steps to conceal her identity. ”
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Klausner denies Netflix content Motion to take off the suit It dismissed Harvey's claims for negligence, violation of publicity rights, and punitive damages. But the judge allowed Harvey to pursue a claim of intentional infliction of emotional distress, which applies to “extreme and outrageous” false statements.
“It appears that a reasonable viewer would understand the statements about Martha to be about Plaintiff,” the judge wrote. “The series states that the plaintiff is a convicted criminal who sexually and violently assaulted Gad. These statements rise to the level of extreme and outrageous conduct. It is possible.”
Earlier this month, actor Jessica Gunning won an Emmy for her role as Martha in “Baby Reindeer,” taking her to four Emmys overall.
