Baby Reindeer’s ‘real-life Martha’ gets the green light to ‘SUE Netflix for libel’ after judge gives key ruling – opening the door for $170m lawsuit against the American streaming giant

Baby Reindeer’s real-life Martha has been given the green light to ‘sue Netflix for libel’ after judge gives key ruling. 

A judicial order obtained by PEOPLE determined that Richard Gadd’s hit TV show could be portrayed as a ‘true story’, meaning Fiona Harvey could launch a defamation lawsuit against the streaming service.

The court disagreed with Netflix that they had created a fictional story as many of the details of the series were factual, along with a text that starts the show which reads: ‘This is a true story.’ 

Harvey, who says lead character Martha’s life is based on her own, has denied key parts of the show are true, including going to prison or to court.

Baby Reindeer’s real-life Martha has been given the green light to ‘sue Netflix for libel’ after judge gives key ruling

A judicial order obtained by PEOPLE determined that Richard Gadd’s (right) hit TV show could be portrayed as a ‘true story’, meaning Fiona Harvey could launch a defamation lawsuit against the streaming service

She asserts that she never stalked Gadd, did not sexually assault him, nor was she ever convicted of stalking.

Judge Gary Klausner said in his order that ‘there is a major difference between stalking and being convicted of stalking in a court of law,’ ‘inappropriate touching and sexual assault’ and ‘shoving and gouging,’ when comparing the experiences Gadd had with Harvey and that of the one seen on screen with Martha, according to PEOPLE. 

It was previously revealed exclusively in the Mail that the show’s writer, Richard Gadd, who plays himself and based the premise on his own experiences, told makers Clerkenwell Films that his stalker was never convicted.

Sources indicate that Gadd told Clerkenwell that the stalker was the subject of an ‘exclusion order’ – a civil order and not the same as a criminal conviction of stalking.

This means that the show was always a fictionalized dramatization – though it went out under a banner which read ‘this is a true story’.

The comedian did admit that some part of the story where changed ‘slightly to create dramatic climaxes.’ 

Jessica Gunning and Richard Gadd pictured at the photo call in Los Angeles in May. It was previously revealed exclusively in the Mail that Gadd told makers Clerkenwell Films that his stalker was never convicted

Richard Gadd, who wrote and starred in the miniseries, pictured in north London. Sources indicate that Gadd told Clerkenwell that the stalker was the subject of an ‘exclusion order’ – a civil order and not the same as a criminal conviction of stalking 

Fiona Harvey, who says lead character Martha’s life (pictured) is based on her own, denies ever going to prison or to court, as the show portrays

It’s not clear how Clerkenwell Films described the situation to Netflix, or what compliance procedures were undertaken. 

He added: ‘It’s very emotionally true, obviously: I was severely stalked and severely abused. But we wanted it to exist in the sphere of art, as well as protect the people it’s based on.’

Netflix had asked for the lawsuit to be thrown out in July on the basis that ‘a reasonable person would not understand the statements [regarding Harvey] to be assertions of fact.’

However, the judge disagreed saying: ‘The very first episode states unequivocally that ‘this is a true story,’ thereby inviting the audience to accept the statements as fact.’ 

Harvey had filed the lawsuit on June 6 and had asked for over $170 million in damages, as she claimed that she faced a lot of harassment after the show was aired. 

As a result, Harvey claimed she planned to sue the show for defamation, negligence, intentional infliction of emotional distress and violations of right of publicity, among other charges.