Woman Accused of Stalking Richard Gadd Allowed to Pursue Defamation Lawsuit Against Netflix

 

A U.S. judge has ruled that Fiona Harvey, the woman accused of stalking Baby Reindeer creator Richard Gadd, can move forward with her defamation lawsuit against Netflix. Harvey argues that the show, which was labeled as a “true story,” falsely portrayed her as a convicted stalker and criminal, even though she was never convicted of any crime.

In the Netflix series, Harvey was the inspiration for the character "Martha," who was depicted as having sexually assaulted Gadd and violently attacked him by gouging his eyes. Harvey claims the show wrongly suggested that she had been imprisoned for stalking, which she says damaged her reputation after viewers identified her as the real-life basis for Martha.

Judge Gary Klausner, in his ruling delivered in California, pointed out that the show begins each episode with the statement "This is a true story," leading viewers to believe the events were factual. However, Klausner noted that while Harvey’s alleged actions were troubling, the show's portrayal of her was significantly worse, going beyond reality and creating a damaging narrative.

“There is a difference between stalking and being convicted of stalking in court,” the judge wrote, highlighting how the show blurred lines between real-life incidents and exaggerated depictions. He criticized Netflix for not fact-checking the story or taking measures to protect Harvey’s identity, which resulted in her receiving death threats and suffering severe emotional distress.

Gadd, who previously worked in a London pub where he says Harvey harassed him for years, has admitted the Netflix show was fictionalized. He stated that the production was never meant to be a literal retelling of his experience but instead a dramatized version. Nonetheless, Judge Klausner found that Netflix could be held accountable for defamation, as the platform still promoted the story as fact despite knowing it was fictionalized.

Harvey’s lawsuit seeks $170 million in damages, claiming the show caused her extreme emotional suffering. Although Netflix attempted to dismiss the case, the judge allowed Harvey’s claim of intentional infliction of emotional distress to proceed. Harvey also alleged that Netflix’s actions were malicious, as the company disregarded her privacy and did not hide her identity.

The case is ongoing, and Netflix has yet to provide further comments. Baby Reindeer, meanwhile, has gained critical acclaim, with actor Jessica Gunning winning an Emmy for her role as Martha.