Fiona Harvey has won her first legal victory against Netflix after a judge ruled that her lawsuit against the show Baby Reindeer can proceed. The 58 year old, who says she is the real-life inspiration for Martha - the stalker in the Emmy-winning miniseries - is suing Netflix for $170,000,000 (£132,000,000) alleging defamation, intentional infliction of emotional distress, negligence and violations of her right of publicity.
Netflix filed a motion to get the lawsuit dismissed in July, but a judge has now given Fiona the go-ahead to proceed, with a trial set for 6 May, 2025.
US District Judge R Gary Klausner said in his statement that viewers would take the show as fact, with the opening line, 'This is a true story', and said that the similarities between Fiona and Martha - played by Jessica Gunning - are very specific, despite the accusations against Martha significantly worse than those against Fiona in real life.
'It appears that a reasonable viewer could understand the statements about Martha to be about Plaintiff,' the judge wrote. 'The Series states that Plaintiff is a convicted criminal who sexually and violently assaulted Gadd. These statements may rise to the level of extreme and outrageous conduct.'
Richard Gadd, the creator and star of Baby Reindeer, accused Fiona of stalking him for years when he worked at a London pub, saying that she would sometimes pinch his buttocks, and had sent him thousands of disturbing emails and voicemail messages. He says that he reported her to the police, and got a 'harassment warning' against her, though she was not criminally prosecuted or sent to jail.
Richard has said he is willing to share his 'personal knowledge' of the facts involved in the show and is standing by Netflix's motion to dismiss Fiona Harvey's lawsuit.
Baby Reindeer, which landed on Netflix in April and became an overnight global sensation, depicts comedian Donny Dunn's experiences of being stalked by a woman named Martha, after offering her a free soft drink in the pub he worked at in London.
The seven-part series, said to be based on Richard's real experiences, deals with nuanced and heavy themes of assault, harassment, rape and stalking over a prolonged period of time. Given that it opens each time with 'This is a true story', fans were quick to try to identify Gadd's stalker in real life.
Fiona, who internet sleuths allegedly deduced was 'the real Martha', was then thrust into the spotlight and even sat down for a tell-all interview with Piers Morgan to clear her name. She insisted the show is a 'work of fiction, a work of hyperbole'.
Fiona continued, ‘I wanted to rebut that completely on this show – I am not a stalker, I have not been to jail, I’ve not got injunctions – it is complete nonsense,’ she told Piers Morgan.
She has since taken the decision to sue Netflix and while Richard is not named as a defendant in the lawsuit, he has promised to stand by the streaming platform. Netflix are reportedly arguing for a dismissal of the lawsuit.
According to Deadline, he states in a declaration submitted in federal court in response to Fiona's lawsuit: ‘I am a comedian, writer, and actor. I created, wrote, and starred in the Netflix series Baby Reindeer (the ‘Series’).
‘I have personal knowledge of the facts set forth below and, if called as a witness, could and would testify competently thereto. I submit this declaration in support of defendants Netflix, Inc., and Netflix Worldwide Entertainment, LLC’s special motion to strike.’
He added, ‘Overall, it was an incredibly stressful and worrying time, with a sustained period of relentless behaviour taking place over several years.
‘It is impossible to be exhaustive in setting out all of Harvey’s conduct, as there were so many instances of unwelcome personal interaction and attempts to engage, as well as deeply troubling communication.’
The actor has also maintained that he never intended for any of the people his characters are based on to be identified or targeted in real life, adding: ‘I never intended the Series to identify any real person as Martha Scott, including Harvey.
‘Martha Scott is not Fiona Harvey. Like all characters in the Series, Martha is a fictional character with fictional personality traits that are very different than Harvey’s.’
As per Deadline, there are excerpts from his declaration that have been blacked out. It does, however, mention Harvey's decision to interview with Piers Morgan.
‘I was surprised that Harvey appeared on Piers Morgan Uncensored,’ it reads. ‘Though I have only watched certain segments, I understand she claimed that she was the inspiration for the Martha character, and that she never sent me thousands of emails nor left me any voicemails.
‘She harassed and stalked me over several years, and since her interview, other individuals have contacted me through my agents and publicists and said they were also harassed by Harvey, but all were too scared of her to come forward.’
Following the success of Baby Reindeer – which had 88.4 million viewers across the UK and India within two months of airing, has been at the top of Netflix's most-watched shows list and is the 10th most-watched English TV series of all time – several other high profile figures have come forward to say they have been targeted by Fiona in the past.
Following Fiona's lawsuit, Netflix vowed to stand by Richard's right to tell his story, declaring in a statement: ‘We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story.’
The lawsuit claims Netflix told ‘brutal lies’ in the Netflix series. The complaint says: ‘The lies that Defendants told about Harvey to over 50 million people worldwide include that Harvey is a twice-convicted stalker who was sentenced to five years in prison, and that Harvey sexually assaulted Gadd.
‘Defendants told these lies, and never stopped, because it was a better story than the truth, and better stories made money.’
It continues: ‘As a result of Defendants’ lies, malfeasance and utterly reckless misconduct, Harvey’s life had been ruined. Simply, Netflix and Gadd destroyed her reputation, her character and her life.’
Nikki Peach is a writer at Grazia UK, covering TV, celebrity interviews, news and features.