September 28th 2024.
A recent ruling by a judge has given the green light for the ‘real Martha’ of Baby Reindeer to proceed with her legal action against Netflix. The dark comedy, which was released earlier this year on the streaming service, was advertised as ‘a true story’. The seven-episode series was written by Richard Gadd, who also played the lead role of Donny – an amateur comedian who is stalked and abused by Martha, portrayed by Jessica Gunning. However, shortly after the show's release, internet users claimed to have found the real-life Martha – 58-year-old Scottish lawyer Fiona Harvey. She is now taking Netflix to court, demanding a staggering $170 million in damages for her alleged portrayal in the series.
Harvey claims that the show falsely depicted her as a sexual predator who was sent to prison for stalking Gadd. Despite Netflix's attempt to dismiss the lawsuit, the judge has ruled in Harvey's favor, stating that the show did not live up to its promise of being a ‘true story’. The opening line of the series, ‘this is a true story’, was found to be misleading and could have led viewers to believe that everything that followed was fact. The judge also noted that the behavior of Martha in the show was far worse than what Harvey is accused of in real life.
While the judge dismissed some of Harvey's claims, he did allow her to pursue a case for intentional infliction of emotional distress. This means that the show's portrayal of Harvey could be considered ‘extreme and outrageous’ and could have caused harm to her reputation. The judge also took into account an article where Gadd revealed that he had reservations about the ‘true story’ line, but Netflix insisted on including it. This could potentially show ‘actual malice’ on the part of the streaming giant.
In defense, Gadd has shared that Harvey had stalked him for years while he worked at a London pub. He also claims that she would sometimes pinch his buttocks and send him disturbing emails and voicemails. He reported her to the police, but she only received a ‘harassment warning’ and was not prosecuted or sent to jail. It is clear that the character of Martha in the show was played by Jessica Gunning.
Harvey's lawyer, Richard Roth, believes that they have a strong case and that this could be a turning point for streaming TV. In an interview, he shared that there is ‘a lot of money to be made’ in the legal action. He also stated that they plan on having Gadd and ‘a string of people at Netflix testifying as to what they did’. However, Netflix has stated that they will defend the matter vigorously and support Gadd's right to tell his story.
As the legal battle continues, Baby Reindeer is still available for streaming on Netflix. The Agency has reached out to Netflix for comment, and we will keep you updated on any developments. If you have a celebrity story or any other news, please reach out to our entertainment team through email, phone, or our Submit Stuff page. We would love to hear from you!
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