According to The Hollywood Reporter, Netflix is facing a lawsuit over its portrayal of Martha in the show Baby Reindeer, played by Jessica Gunning (Back, The Outlaws). The plaintiff, Fiona Harvey, alleges that Martha’s character is based on her and claims that the portrayal defames her character.
Baby Reindeer is a series created by Richard Gadd (Wedding Season, Sex Education). It depicts a character named Martha as a convicted criminal who spent time in prison for stalking Gadd and another woman. There are also scenes of Martha stalking a policeman and sexually assaulting Gadd.
The Hollywood Reporter explains that the lawsuit was filed on June 8 in California federal court yesterday. The lawsuit asserts that Baby Reindeer falsely depicts Harvey as a twice-convicted stalker who served a five-year prison sentence for sexual assault. Harvey claims that these statements are untrue and damaging to her reputation. Additionally, the complaint alleges that Netflix and the show’s creators continued to propagate these falsehoods because they believed it made for a more compelling narrative and would generate more profit.
Harvey is seeking injunctive relief, which would compel the court to order Netflix to take specific actions. These actions may involve removing or modifying the content related to Harvey’s portrayal in Baby Reindeer. Such measures could include editing the show, issuing a public apology or implementing other corrective actions. Additionally, Harvey is asking for $120 million in monetary compensation from Netflix, accusing the platform of defamation, negligence and violation of rights of publicity law. The right of publicity is the right of individuals to control the commercial use of their name, image, likeness or other identifiable aspects of their persona. The lawsuit alleges that Netflix violated Harvey’s right of publicity by using her likeness or identity without her permission and in a defamatory manner.
According to The Hollywood Reporter, the lawsuit claims that Netflix neglected to verify the accuracy of statements made in the series despite presenting it as a true story. Specifically, Netflix allegedly made no effort to confirm whether Harvey had been convicted of any crimes, including stalking or sexual assault. The complaint asserts that Netflix’s portrayal of Harvey as a convicted criminal without conducting proper investigations amounts to a serious misrepresentation of facts. Allegedly, Netflix did not adequately explore the relationship between Gadd and Harvey or verify other critical details, such as allegations of assault or stalking. Harvey denies the accusations made against her in the series. She claims that she has never been convicted of any crime and denies engaging in stalking or sexual assault against Gadd or anyone else.
What is important is that the series does not use Harvey’s real name for the character based on her. This may complicate the process of validating defamation claims, as it could be argued that the character is fictional and not directly identifiable as Harvey.