A judge in the US has ruled that a woman accused of stalking "Baby Reindeer" creator Richard Gad has grounds for defamation against streaming service Netflix, saying the series was misrepresented as a true story even though Netflix made no effort to verify Gadov's story does not even cover Fiona Harvey as the inspiration for the character of Martha.
Harvey, on whom the character Marta is based in the show, claims that the show falsely implied that she sexually assaulted Gad, and that she was sent to prison for stalking. After viewers were able to recognize her as the inspiration for Martha - against Gad's wishes - Harvey filed a $170 million lawsuit, claiming the show defamed her by portraying Martha as a convicted stalker, even though she was never convicted of the crime.
In his ruling, handed down Friday in California, U.S. District Judge Gary Klausner pointed out that because episodes of the series begin with the sentence "This is a true story," it leads viewers to accept the story as fact. Although Harvey's "alleged actions are heinous," Klausner noted that Martha's actions on the show were worse than what Harvey was actually accused of.
"There is a big difference between stalking and a conviction for stalking in court. Likewise, there are big differences between inappropriate touching and sexual assault. Although the alleged actions are reprehensible, the allegations of the accused are of a more serious degree and could make a different impression on viewers," he wrote. is Klausner in the verdict.
In his defence, Gad claimed Harvey stalked him for years while he worked in a pub in London, pinching his bottom and sending him thousands of harassing emails and voicemails. He stated that he reported her to the police, but she only received a warning for harassment and was not prosecuted or sent to prison.
Gad said the Netflix series and the stage play on which the series is based are fictional and not intended to be an accurate representation of actual events. In June, the Sunday Times reported that Gad had reservations about the line "This is a true story," but that it was included at Netflix's request.
Klausner cited the Sunday Times article in his ruling, arguing that it could indicate "actual malice" if Netflix decided to present the story as fact even though they knew it wasn't.
Harvey was not named in the "Baby Reindeer" series, but viewers quickly identified her through her social media posts. Harvey said she received death threats, and Klausner admitted she suffered "serious emotional pain" and was afraid to go outside the house.
Klausner said that Netflix "should have known that the statements and portrayal of the plaintiff through the character of Martha were false and that viewers would discover her identity and harass her based on those false portrayals. However, the defendants made no effort to investigate the accuracy of those statements and portrayals." , nor did they take further measures to hide her identity".
Klausner denied Netflix's motion to dismiss the suit and dismissed Harvey's claim for negligence, breach of publicity and damages for legal costs. However, the judge allowed Harvey to proceed with a claim for intentional infliction of emotional distress, which alleges "extreme and outrageous" misrepresentation.
"It appears that a reasonable viewer could conclude that the allegations about Marta refer to the victim. The series alleges that the victim is a convicted felon who sexually and violently assaulted Gad. These allegations may reach the level of extreme and outrageous conduct," the judge wrote.
Earlier this month, actress Jessica Gunning won an Emmy for her role as Martha on "Baby Reindeer," which won a total of four Emmys.
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