Advertisement

The ‘Baby Reindeer’ case against Netflix could hinge on one line: ‘This is a true story’

A bartender (Richard Gadd) stares across the bar at a woman sitting and laughing (Jessica Gunning).
Richard Gadd as Donny Dunn and Jessica Gunning as Martha Scott in Netflix’s “Baby Reindeer.”
(Ed Miller / Netflix)
Share via

The pilot episode of Netflix’s hit miniseries “Baby Reindeer” presents viewers with the following message: “This is a true story.”

But how much of “Baby Reindeer” creator Richard Gadd’s fictionalized retelling of a life-altering encounter with a serial stalker is actually true? That is the question at the heart of a high-profile legal case that could influence how scripted adaptations of real events are handled by Hollywood going forward.

In June, the woman who allegedly inspired the stalker character in “Baby Reindeer” sued Netflix for negligence and defamation.

Advertisement

Fiona Harvey’s $170-million complaint accused the Los Gatos, Calif.-based streaming giant of telling “brutal lies” and attempting to “viciously destroy” her life in pursuit of money and viewers — all while advertising the series as a true story.

“This was a really great series that shows how the lines between telling a true story and the art of docudramas can raise unique legal problems,” said Jason Shepard, interim dean of Cal State Fullerton’s College of Communications.

Fiona Harvey, the woman who allegedly inspired the character of Martha in Richard Gadd’s stalker drama ‘Baby Reindeer,’ has sued Netflix for defamation.

June 6, 2024

The true-story genre has functioned as a reliable source of revenue and awards clout for Hollywood studios for some time, with projects ranging from blockbuster biopics (“Bohemian Rhapsody,” “Bob Marley: One Love”) to gripping TV docudramas (“American Crime Story,” “Inventing Anna”) launching to great success.

Advertisement

But portraying real people and events comes with real risks, and this is not the first time Netflix has been sued for defamation.

In June, the streamer settled a lawsuit filed by former New York City prosecutor Linda Fairstein, who alleged that she was unfairly depicted in Ava DuVernay’s Emmy-winning miniseries about the 1989 Central Park jogger case, “When They See Us.”

As part of the settlement, Netflix agreed to move a disclaimer (similar to the one attached to “Baby Reindeer”) from the end credits to the opening of the show. Fairstein did not receive any money from the agreement, and DuVernay stood by the portrayal.

Advertisement

John L. Krieger, an intellectual property attorney at Las Vegas law firm Dickinson Wright, said that the “Baby Reindeer” case could influence producers and studios to be “more cognizant about making sure that there’s no allegation that something truly is 100% accurate.”

Adapted from Gadd’s one-man show of the same name, “Baby Reindeer” stars Gadd as a struggling stand-up comedian whose life begins to unravel after a woman named Martha Scott (Jessica Gunning) develops an unsettling obsession with him.

The thought-provoking drama won six Emmys last month, including the prizes for limited series, lead actor (Gadd) and supporting actress (Gunning). It also was a massive commercial triumph, racking up more than 88 million views in its first three months on Netflix, according to the streamer.

Netflix and Ava DuVernay have settled a lawsuit filed by former New York City prosecutor Linda Fairstein over the Emmy-winning series ‘When They See Us.’

June 4, 2024

The alleged “real Martha,” however, was not a fan.

Harvey’s complaint disputes Netflix’s depiction of Martha as a twice-convicted stalker who sexually assaults Gadd’s character, Donny Dunn, and is sentenced to five years in prison for her actions.

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

In a statement, Netflix vowed to “defend this matter vigorously” and “stand by Richard Gadd’s right to tell his story.”

Advertisement

The streamer filed a motion in July to dismiss Harvey’s complaint on the grounds that Gadd’s creation is a form of protected speech and that “no reasonable viewer could understand ‘Baby Reindeer’ as making statements of fact about Harvey,” among other factors.

“Each alleged defamatory statement is presented in the context of stylistic, cinematic choices that reaffirm for the viewer that the Series is not a precise portrayal of historical fact,” the motion reads.

Jessica Gunning sits in a booth at a diner while holding a menu and staring at a man sitting across from her.
Jessica Gunning as Martha Scott in “Baby Reindeer.”
(Netflix)

The court granted Netflix’s requests to scrap Harvey’s negligence claims and plea for punitive damages. But it upheld the defamation claim, which it deemed “both legally sufficient and supported by evidence.”

Netflix has appealed the court’s ruling and maintains that Harvey’s lawsuit should be discarded in its entirety.

“We are absolutely thrilled with the court’s decision,” said Richard Roth, an attorney representing Harvey.

Advertisement

“We believe that Netflix has absolutely no right to say this is a true story when it’s clearly untrue. ... They want to appeal it, but good luck appealing it.”

Krieger observed that the judge overseeing the case seemed particularly persuaded by Netflix’s choice to use the phrase, “This is a true story,” as opposed to the more common “based on a true story.” It’s a notable deviation, given that the latter allows more room for creative license.

Linda Fairstein, prosecutor in the Central Park Five case, is suing Netflix and Ava DuVernay for defamation

March 18, 2020

In the world of docudramas, the based-on-a-true-story phrasing often is played as a get-out-of-jail-free card for defamation claims, Shepard said.

“That disclaimer is important from a legal perspective,” he added, “and it sends a message to viewers not to take everything literally to be true.”

Nicole Page, an entertainment attorney at New York law firm RPJ, found the absence of legal cushion around the true-story language puzzling.

“I don’t understand it,” she said. “I don’t know who made that decision, but that seems fairly risky.”

Advertisement

The Netflix limited series based on the comic’s life burst on the scene and changed its creator’s world. He’s now shifted his focus to loftier topics.

July 30, 2024

Netflix did attach a disclaimer to the end of each “Baby Reindeer” episode explaining that even though the series is based on real events, certain “characters, names, incidents, locations and dialogue have been fictionalized for dramatic purposes.”

Viewers would have to push the “watch credits” button in order to catch it, though, before Netflix automatically starts the next episode.

“Would a reasonable viewer of ‘Reindeer’ think that the real Martha did those things? Arguably, yes,” Shepard said. “Falsely accusing someone of being a criminal is a pretty textbook example of defamation.”

The controversial British Netflix drama about an aspiring comedian who is stalked by a mysterious woman scored 11 Emmy nominations, including for limited series.

July 17, 2024

Page predicted that if the court rejects Netflix’s appeal, the streamer will try to settle the case — agreeing to pay Harvey a lower sum and possibly amend the “true-story” intro to avert a trial.

Should the case proceed, Page added, Netflix’s defense will depend on whether the content in the series is “substantially true.”

‘We are loving. We are complicated. We are flawed. And it’s rare for trans characters to reflect that reality,’ says the Emmy nominee.

Aug. 13, 2024

Gadd has said that a considerable effort was made to obscure the identity of his real stalker when making “Baby Reindeer.” But Harvey’s lawsuit states that fans pinned the story on her after discovering that one of her old tweets resembled a key line of dialogue from the show.

Advertisement

The complaint cites a 2014 tweet from user @FionaHarvey2014 that tagged the account @MrRichardGadd and read, “My curtains need hung badly.” The phrase “hang your curtains” comes up in multiple interactions between Donny and Martha in the series.

Harvey has since spoken publicly about her alleged history with Gadd and accuses Netflix in her lawsuit of doing nothing to fact-check the Scottish performer’s story.

Despite some distracting headlines, Emmy voters seem poised to reward the show. A look at the limited series categories.

Aug. 14, 2024

Krieger speculated that the true-story element might have baited social media sleuths into hunting for the real Martha.

“It’s fascinating how quickly the internet was able to locate [Harvey],” Krieger said, adding that screenwriters might be especially careful in the future to avoid using any specific quotes or references that could be traced to a social media post.

“Certainly those are things that may come into play.”

Advertisement
seductrice.net
universo-virtual.com
buytrendz.net
thisforall.net
benchpressgains.com
qthzb.com
mindhunter9.com
dwjqp1.com
secure-signup.net
ahaayy.com
tressesindia.com
puresybian.com
krpano-chs.com
cre8workshop.com
hdkino.org
peixun021.com
qz786.com
utahperformingartscenter.org
worldqrmconference.com
shangyuwh.com
eejssdfsdfdfjsd.com
playminecraftfreeonline.com
trekvietnamtour.com
your-business-articles.com
essaywritingservice10.com
hindusamaaj.com
joggingvideo.com
wandercoups.com
wormblaster.net
tongchengchuyange0004.com
internetknowing.com
breachurch.com
peachesnginburlesque.com
dataarchitectoo.com
clientfunnelformula.com
30pps.com
cherylroll.com
ks2252.com
prowp.net
webmanicura.com
sofietsshotel.com
facetorch.com
nylawyerreview.com
apapromotions.com
shareparelli.com
goeaglepointe.com
thegreenmanpubphuket.com
karotorossian.com
publicsensor.com
taiwandefence.com
epcsur.com
mfhoudan.com
southstills.com
tvtv98.com
thewellington-hotel.com
bccaipiao.com
colectoresindustrialesgs.com
shenanddcg.com
capriartfilmfestival.com
replicabreitlingsale.com
thaiamarinnewtoncorner.com
gkmcww.com
mbnkbj.com
andrewbrennandesign.com
cod54.com
luobinzhang.com
faithfirst.net
zjyc28.com
tongchengjinyeyouyue0004.com
nhuan6.com
kftz5k.com
oldgardensflowers.com
lightupthefloor.com
bahamamamas-stjohns.com
ly2818.com
905onthebay.com
fonemenu.com
notanothermovie.com
ukrainehighclassescort.com
meincmagazine.com
av-5858.com
yallerdawg.com
donkeythemovie.com
corporatehospitalitygroup.com
boboyy88.com
miteinander-lernen.com
dannayconsulting.com
officialtomsshoesoutletstore.com
forsale-amoxil-amoxicillin.net
generictadalafil-canada.net
guitarlessonseastlondon.com
lesliesrestaurants.com
mattyno9.com
nri-homeloans.com
rtgvisas-qatar.com
salbutamolventolinonline.net
sportsinjuries.info
wedsna.com
rgkntk.com
bkkmarketplace.com
zxqcwx.com
breakupprogram.com
boxcardc.com
unblockyoutubeindonesia.com
fabulousbookmark.com
beat-the.com
guatemala-sailfishing-vacations-charters.com
magie-marketing.com
kingstonliteracy.com
guitaraffinity.com
eurelookinggoodapparel.com
howtolosecheekfat.net
marioncma.org
oliviadavismusic.com
shantelcampbellrealestate.com
shopleborn13.com
topindiafree.com
v-visitors.net
djjky.com
053hh.com
originbluei.com
baucishotel.com
33kkn.com
intrinsiqresearch.com
mariaescort-kiev.com
mymaguk.com
sponsored4u.com
crimsonclass.com
bataillenavale.com
searchtile.com
ze-stribrnych-struh.com
zenithalhype.com
modalpkv.com
bouisset-lafforgue.com
useupload.com
37r.net
autoankauf-muenster.com
bantinbongda.net
bilgius.com
brabustermagazine.com
indigrow.org
miicrosofts.net
mysmiletravel.com
selinasims.com
spellcubesapp.com
usa-faction.com
hypoallergenicdogsnames.com
dailyupdatez.com
foodphotographyreviews.com
cricutcom-setup.com
chprowebdesign.com
katyrealty-kanepa.com
tasramar.com
bilgipinari.org
four-am.com
indiarepublicday.com
inquick-enbooks.com
iracmpi.com
kakaschoenen.com
lsm99flash.com
nana1255.com
ngen-niagara.com
technwzs.com
virtualonlinecasino1345.com
wallpapertop.net
casino-natali.com
iprofit-internet.com
denochemexicana.com
eventhalfkg.com
medcon-taiwan.com
life-himawari.com
myriamshomes.com
nightmarevue.com
healthandfitnesslives.com
androidnews-jp.com
allstarsru.com
bestofthebuckeyestate.com
bestofthefirststate.com
bestwireless7.com
britsmile.com
declarationintermittent.com
findhereall.com
jingyou888.com
lsm99deal.com
lsm99galaxy.com
moozatech.com
nuagh.com
patliyo.com
philomenamagikz.net
rckouba.net
saturnunipessoallda.com
tallahasseefrolics.com
thematurehardcore.net
totalenvironment-inthatquietearth.com
velislavakaymakanova.com
vermontenergetic.com
kakakpintar.com
jerusalemdispatch.com
begorgeouslady.com
1800birks4u.com
2wheelstogo.com
6strip4you.com
bigdata-world.net
emailandco.net
gacapal.com
jharpost.com
krishnaastro.com
lsm99credit.com
mascalzonicampani.com
sitemapxml.org
thecityslums.net
topagh.com
flairnetwebdesign.com
rajasthancarservices.com
bangkaeair.com
beneventocoupon.com
noternet.org
oqtive.com
smilebrightrx.com
decollage-etiquette.com
1millionbestdownloads.com
7658.info
bidbass.com
devlopworldtech.com
digitalmarketingrajkot.com
fluginfo.net
naqlafshk.com
passion-decouverte.com
playsirius.com
spacceleratorintl.com
stikyballs.com
top10way.com
yokidsyogurt.com
zszyhl.com
16firthcrescent.com
abogadolaboralistamd.com
apk2wap.com
aromacremeria.com
banparacard.com
bosmanraws.com
businessproviderblog.com
caltonosa.com
calvaryrevivalchurch.org
chastenedsoulwithabrokenheart.com
cheminotsgardcevennes.com
cooksspot.com
cqxzpt.com
deesywig.com
deltacartoonmaps.com
despixelsetdeshommes.com
duocoracaobrasileiro.com
fareshopbd.com
goodpainspills.com
hemendekor.com
kobisitecdn.com
makaigoods.com
mgs1454.com
piccadillyresidences.com
radiolaondafresca.com
rubendorf.com
searchengineimprov.com
sellmyhrvahome.com
shugahouseessentials.com
sonihullquad.com
subtractkilos.com
valeriekelmansky.com
vipasdigitalmarketing.com
voolivrerj.com
worldhealthstory.com
zeelonggroup.com
1015southrockhill.com
10x10b.com
111-online-casinos.com
191cb.com
3665arpentunitd.com
aitesonics.com
bag-shokunin.com
brightotech.com
communication-digitale-services.com
covoakland.org
dariaprimapack.com
freefortniteaccountss.com
gatebizglobal.com
global1entertainmentnews.com
greatytene.com
hiroshiwakita.com
iktodaypk.com
jahatsakong.com
meadowbrookgolfgroup.com
newsbharati.net
platinumstudiosdesign.com
slotxogamesplay.com
strikestaruk.com
techguroh.com
trucosdefortnite.com
ufabetrune.com
weddedtowhitmore.com
12940brycecanyonunitb.com
1311dietrichoaks.com
2monarchtraceunit303.com
601legendhill.com
850elaine.com
adieusolasomade.com
andora-ke.com
bestslotxogames.com
cannagomcallen.com
endlesslyhot.com
iestpjva.com
ouqprint.com
pwmaplefest.com
qtylmr.com
rb88betting.com
buscadogues.com
1007macfm.com
born-wild.com
growthinvests.com
promocode-casino.com
proyectogalgoargentina.com
wbthompson-art.com
whitemountainwheels.com
7thavehvl.com
developmethis.com
funkydogbowties.com
travelodgegrandjunction.com
gao-town.com
globalmarketsuite.com
blogshippo.com
hdbka.com
proboards67.com
outletonline-michaelkors.com
kalkis-research.com
thuthuatit.net
buckcash.com
hollistercanada.com
docterror.com
asadart.com
vmayke.org
erwincomputers.com
dirimart.org
okkii.com
loteriasdecehegin.com
mountanalog.com
healingtaobritain.com
ttxmonitor.com
nwordpress.com
11bolabonanza.com