Netflix is all set to face a defamation lawsuit over its limited series “Baby Reindeer”, after a judge ruled in favour of Fiona Harvey, the real-life Martha on September 27. Harvey has accused Netflix of falsely portraying her as a convicted stalker and a violent criminal.
Baby Reindeer claims to tell the “true story” of the events experienced by comedian Richard Gadd after a fan-turned-stalker allegedly stalked and sexually assaulted him. Fiona Harvey was identified by online investigators as the real Martha after the series won big at the 76th Emmys.
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Played by Jessica Gunning, the character of Martha is often seen to have violent and psychotic tendencies, and can be seen stalking the comedian both online as well as in the real world. This portrayal is strongly denied by Fiona Harvey, who claims that Netflix has highly exaggerated her actions in the series.
Judge Gary Klausner emphasized the distinction between inappropriate touching versus sexual assault, as well as between alleged stalking versus conviction of stalking, as he noted the key differences between the show and the real-life events that took place.
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The Judge allowed Fiona to pursue claims of defamation and intentional infliction of emotional distress while dismissing her claims for negligence and violation of publicity rights.
This case raises questions on the responsibility of big platforms like Netflix to clearly distinguish between fictional and factual events. It also acts as a lesson for other platforms to make sure to maintain the delicate balance between creative storytelling and factual accuracy.
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