A defamation lawsuit against Netflix brought by a Scottish woman who says she inspired the hit show Baby Reindeer may proceed, per a California judge who has ruled on her $170 million complaint. Fiona Harvey claims that the series created by Richard Gadd—who also starred in the show, which he says was based on his experiences while working in a London pub—featured the stalker character Martha, whom Harvey says was based on herself. Except Harvey doesn't like how Martha was portrayed, noting in her suit that, despite what Martha did on the Netflix show, Harvey herself never gouged Gadd's eyes or sexually assaulted him. Nor was she sent to prison for stalking him, among other details, reports Variety.
At the heart of Harvey's suit is her beef with the series' opening line, which reads: "This is a true story." In June, the Sunday Times reported that Gadd had been wary of including that line, but Netflix wanted it, so it did appear—without the standard "some names and events have been changed" disclaimer attached. In his Friday ruling, Judge Gary Klausner cited that Times article, noting it could show "actual malice" on Netflix's part for knowing the show was a purely a fictionalized version of Gadd's experiences but representing it otherwise.
Klausner ruled that Harvey may sue for intentional infliction of emotional distress, though he dismissed her claims of negligence, punitive damages, and violation of her publicity rights. The show states that Harvey "is a convicted criminal who sexually and violently assaulted Gadd. These statements may rise to the level of extreme and outrageous conduct," the judge wrote in his decision. The Guardian notes that actor Jessica Gunning recently won an Emmy for her portrayal of Martha in the show, which nabbed four Emmys in total. (Gadd has a lot to say about the situation.)
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