Woman Suing Netflix Over 'Baby Reindeer' Claims Character Defamed Her

Netflix’s recent hit series 'Baby Reindeer' has sparked controversy, as a woman named Fiona Harvey has filed a lawsuit against the streaming giant. Harvey asserts that the series’ portrayal of the character Martha is defamatory and has wreaked havoc on her life since its release.

Set in 2015, 'Baby Reindeer' is promoted as the "true story" of its writer and creator Richard Gadd, who also stars in the show as the protagonist, a struggling comedian and daytime bartender named Donny Dunn. The narrative kicks off in a London pub where Dunn, in an act of kindness, gives a distraught Martha, played by Jessica Gunning, a free cup of tea. Martha soon becomes Dunn's stalker, visiting the pub daily, sending tens of thousands of emails, attacking him physically, and sexually assaulting him. Ultimately, she is arrested and incarcerated in the series.

Despite Gadd, Gunning, and the series' director asserting that the character of Martha is inspired by real events but not a direct portrayal, Fiona Harvey claims this distinction is insufficient. Harvey argues that the statement in the first episode, "This is a true story," is "the biggest lie in television history," designed to "garner more attention, generate more revenue, and viciously destroy" her life on an "unprecedented scale."

In her lawsuit filed in federal court in Los Angeles, Harvey contends that the series spreads numerous defamatory lies about her through the character of Martha. These alleged falsehoods include accusations that she was convicted of crimes, sexually assaulted or attacked Gadd, and stalked him or a police officer—another plotline in the series. Harvey points out that these fabrications were reiterated on Netflix's website, tudum.com, and in the House of Commons, where Netflix executive Benjamin King discussed the duty of care for the real-life Martha. According to the lawsuit, King stated that Netflix took "every reasonable precaution" to disguise real identities while maintaining the story's authenticity.

Harvey claims it was easy for viewers to identify her as the inspiration for Martha due to several factors. In the lawsuit, she mentions a "vaguely sexual" line Martha says in the series, repeated in jest in emails to Dunn: "All I need now is for someone to hang my curtains." Harvey correlates this to a tweet she posted in 2014, mentioning Gadd's account and stating, "my curtains need hung badly."

Additionally, Harvey argues that Netflix insufficiently disguised her identity, noting the "uncanny resemblance" she shares with Martha and the fact that both are Scottish lawyers approximately 20 years older than Gadd. These similarities, she asserts, led the British media to identify her shortly after the series premiered. Harvey participated in a televised interview with journalist Piers Morgan about a month following the show's release.

Harvey claims the unwanted attention from the series has tormented her, leading to anxiety, nightmares, extreme stress, and a fear of leaving her house. She is seeking at least $170 million in damages for defamation, intentional infliction of emotional distress, negligence, gross negligence, and violations of her right of publicity.

In response, Netflix stated, "We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story." The seven-episode show, which debuted in April, quickly rose to become one of Netflix's most popular series. Since its release, Gadd has urged viewers not to speculate about the real-life inspirations behind the characters, emphasizing that such speculation misses the point of the show.

Gunning, in an interview with Variety, stated that her portrayal of Martha was not informed by any knowledge of Gadd's real-life stalker, aiming to distance the character from any specific real-life individual.