Baby Reindeer wrongly labelled a 'true story' by Netflix, judge rules

Harvey was never named in the drama series – with Jessica Gunning playing a character called 'Martha' – but opened with a title card that reads: "This is a true story."

Soon after the show's release and the intense public reaction to it, Harvey came forward and alleged that Baby Reindeer implied she sexually assaulted Gadd and gouged his eyes, and had also been sent to prison for stalking him.

In her suit, Harvey said she has never been convicted of a crime and accused the streaming giant of defamation, intentional infliction of emotional distress, negligence, gross negligence and violations of her right of publicity.

In US district judge Gary Klausner's new ruling, he wrote: "There is a major difference between stalking and being convicted of stalking in a court of law.

"Likewise, there are major differences between inappropriate touching and sexual assault, as well as between shoving and gouging another’s eyes. While plaintiff’s purported actions are reprehensible, Defendants’ statements are of a worse degree and could produce a different effect in the mind of a viewer."

While he allowed for the rest of her lawsuit against Netflix to continue, the judge dismissed Harvey’s claims of negligence and her request for punitive damages.

Earlier this year, Gadd submitted a 21-page declaration to federal court, saying that he "never intended the series to identify any real person as Martha Scott, including Harvey", adding that "Martha Scott is not Fiona Harvey" and that "like all characters in the series, Martha is a fictional character with fictional personality traits that are very different than Harvey's".

Read more:

• Baby Reindeer is 'Richard Gadd's true story', says Netflix boss amid lawsuit
• Baby Reindeer's Richard Gadd says he 'knows the facts' as he backs Netflix in lawsuit

He went on: "Overall, it was an incredibly stressful and worrying time, with a sustained period of relentless behaviour taking place over several years.

"It is impossible to be exhaustive in setting out all of Harvey’s conduct, as there were so many instances of unwelcome personal interaction and attempts to engage, as well as deeply troubling communication."

A Netflix spokesperson said: "We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story."

The legal complaint from Harvey said: "The lies that Defendants told about Harvey to over 50 million people worldwide include that Harvey is a twice convicted stalker who was sentenced to five years in prison, and that Harvey sexually assaulted Gadd.

"Defendants told these lies, and never stopped, because it was a better story than the truth, and better stories made money."

The series became a runaway hit when it was released earlier this year and has gone on to be a major awards contender, winning a total of four Emmy Awards - for Outstanding Limited or Anthology Series, Outstanding Writing for Richard Gadd, Outstanding Lead Actor for Gadd and Outstanding Supporting Actress for Jessica Gunning.

Baby Reindeer is available to stream on Netflix now. Sign up for Netflix from £4.99 a month. Netflix is also available on Sky Glass and Virgin Media Stream.

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