IT was the real-life TV drama that took the world by storm — but now Netflix has been hit by a $170million lawsuit filed by the woman who is said to be the inspiration for the crazed stalker in Baby Reindeer.
Fiona Harvey says the show — billed as a “true story” — is the “biggest lie in television history” because the character in the global hit show spent five years in prison and carried out a sexual assault.
The lawsuit, filed in California, alleges the streamer “told these lies, and never stopped, because it was a better story than the truth, and better stories made money.”
Comedian Richard Gadd wrote Baby Reindeer— watched by over 50million people and tipped for awards success — about his experiences of a woman who stalked him.
In the seven-episode drama he plays barman Donny Dunn, and the name of the character who becomes obsessed by him is Martha Scott, played by Outlaws actress Jessica Gunning.
Richard, 35, claimed he had gone to great lengths to hide his tormentor’s true identity.
But soon after the series began streaming in April, internet sleuths pointed out the similarities between Martha and 58-year-old Harvey.
They are both law graduates from Scotland and had sent the same sexually suggestive message to Richard.
Now Harvey is accusing Netflix of defamation, invasion of privacy, intentionally inflicting distress and negligence.
‘We’ve gone to great lengths to disguise her’
Trolls on social media have directed hate towards her, including a post on TikTok warning her to “count her days” which was liked 7,000 times.
Her lawyers claim: “She has and continues to experience anxiety, nightmares, panic attacks, shame, depression, nervousness, stomach pains, loss of appetite and fear, extreme stress and sickness.”
They add that Harvey is “fearful of leaving her home.”
The lawsuit is the latest twist in the debate on the truthfulness of Baby Reindeer — and the drama surrounding Harvey.
Netflix executive Benjamin King was questioned in Parliament on the ethics of the show.
Scottish National Party MP John Nicolson then wrote a letter casting doubt on whether King had been honest when he told the Culture Media and Sport Committee that Baby Reindeer was “obviously a true story of horrific abuse”.
But others have claimed Harvey has stalked them.
Lawyer Laura Wray told how Harvey had made her family’s life hell for five years, targeting them and her late husband, MP Jimmy Wray, who died of cancer in 2013.
Laura said: “She made my life a nightmare.”
And The Sun revealed that Harvey bombarded Labour leader Sir Keir Starmer with messages for eight months.
She was eventually reported to the police after she reportedly harassed the former lawyer.
We’ve gone to such great lengths to disguise her to the point that I don’t think she would recognise herself
Richard Gadd, Little Reindeer writer and star
But even though the police were called in to deal with the Starmer case, Harvey claims she has never appeared in court charged with any offences. And that will form the crux of her case against Netflix.
In the show, Martha has stalking convictions prior to meeting Donny.
She is also shown appearing in court and tearfully admitting to the crime. Her legal team claim this has defamed her character.
They said: “The lies that Defendants told about Harvey to over 50million people worldwide include that Harvey is a twice convicted stalker who was sentenced to five years in prison, and that Harvey sexually assaulted Gadd.”
Her team argues Netflix led viewers to believe this was correct.
At the start of the series viewers are told that Baby Reindeer “is a true story.”
But later on it states that facts and names have been changed for creative purposes.
Writer Richard Gadd said of his stalker: “We’ve gone to such great lengths to disguise her to the point that I don’t think she would recognise herself. What’s been borrowed is an emotional truth, not a fact-by-fact profile of someone.”
The comedian, who first met the stalker while he was working in the Hawley Arms pub in Camden, North London, almost a decade ago, asked the public not to speculate on her true identity.
In the drama Richard admitted to making mistakes in the way he dealt with his unwanted admirer, who gave him the affectionate nickname of “Baby Reindeer”.
I gave him the brush off big time, I don’t fancy little boys without jobs
Fiona Harvey on Richard Gadd
He wonders whether he enjoyed the attention she gave him, before tiring of the 41,000 often offensive messages she sent.
Harvey has taken a different approach to dealing with the fallout from the TV series.
Once social media detectives had named her as Martha, she went on the attack in the media. In an interview with Sun contributor Piers Morgan on his TV show Uncensored, she denied taking an interest in then-unknown Gadd — and claimed: “He seemed to be obsessed with me.”
She also denied being a stalker, insisting she sent “less than ten” emails and 18 Twitter messages to him, adding that she only had “jokey banter” with him.
‘Utterly reckless misconduct’
Fiona went further in the legal papers by denying waiting outside Gadd’s home for hours on end or smashing a bottle over his head.
And her lawyers went on the offensive in their legal deposition. In it they called Richard “a self- admitted crack, meth, and heroin user” and accused him of “spying on” Harvey.
Gadd, who is not a defendant in the case, has so far not commented on the defamation suit.
But Netflix said: “We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story.”
If Harvey wins it will send shockwaves through the media industry.
It is not unusual for films, TV shows and books based on true events to change the names of those involved in order to avoid being sued. By not identifying someone accused of wrongdoing, writers can embellish events and make the characters appear even worse than they were in real life. The BBC is reportedly now facing a raft of questions about how it treats the real-life people depicted in dramas.
Simply, Netflix and Gadd destroyed her reputation, her character and her life
Fiona Harvey's lawyers
An insider told entertainment news website Deadline that there was “increased awareness” regarding a “duty of care” following Baby Reindeer.
The risks of portraying anyone still alive in a bad light was demonstrated by the British film The Lost King, about the search for Richard III’s body in a Leicester car park.
In February, lawyers for university official Richard Taylor told the High Court that the movie’s producers, which include comedian Steve Coogan, had depicted him as “dismissive, patronising and misogynistic”. Coogan and the other producers denied Taylor’s claim for libel.
The question is how far TV and film producers should fictionalise events in order to boost their audience numbers.
Harvey’s lawyers point out that Netflix had said it needed more “compelling content” in order to increase its paid subscribers.
And they claim the streaming company did not do enough to fact-check Richard’s script prior to making the series.
Fiona’s team concludes: “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.”
