Netflix has failed to persuade a judge to dismiss a defamation lawsuit filed by the woman who inspired the stalker character in hit series “Baby Reindeer.”
Fiona Harvey claims the streaming giant told “cruel lies” about her to more than 50 million viewers around the world.
The judge concluded that the show, created by Richard Gadd, was promoted as “a true story” but certain key events, such as the stalking conviction, did not occur in real life.
“We intend to vigorously defend this matter and support Richard Gad’s right to tell his story,” Netflix said.
“There is a significant difference between stalking and being found guilty of stalking in a court of law,” Judge Gary Klausner wrote in his ruling.
He noted that there were other significant differences between what actually happened and what was shown on the screen.
Ms Harvey also said she did not stalk police officers, sexually assault Gadde, violently attack him in a pub by smashing a bottle over his head and gouging his eyes out, or wait outside his house for up to 16 hours a day .
Netflix believes these things should be considered “substantially true” because she has done similar things in real life.
However, the judge wrote: “There are important differences between inappropriate touching and sexual assault and between pushing and gouging another person’s eyes.”
The judge wrote that Gadde’s original stage play was promoted slightly differently – “based on a true story” – which suggested “certain details may be incorrect.”
A June article in The Sunday Times quoted television industry sources as saying Gad had “expressed concern” about Netflix presenting it simply as “a true story.”
The fact that the company continued to do so “demonstrates the company’s reckless disregard for whether the statements in the series were false,” Judge Klausner wrote.
Netflix argued that most viewers would understand the claims in the show to be “untrue” because it was shot in a dramatic style.
However, the judge disagreed, writing: “Although these statements were made within the context of a series that had a largely black comedic character, the first episode made it clear that ‘this is a true story,’ thereby The audience is invited to accept these statements as fact.
Netflix also stated that the similarities between the real and fictional characters are so extensive that ordinary viewers would not recognize Ms. Harvey as Martha.
“The court disagrees,” the judge wrote. “This is not a typical case, and the plaintiff happens to be one of hundreds of people who match the broad characteristics of a fictional character.
“Instead, Martha and the plaintiff [Ms Harvey] Having a specific similarity that no one else can claim to have.
However, the judge did side with Netflix on some parts of Ms. Harvey’s case, dismissing her claims of negligence and gross negligence, as well as her request for punitive damages.
Reindeer Babies is one of the hottest TV shows of the past year, recently winning six Emmy Awards in the United States.
