‘Baby Reindeer’: The Real ‘Martha’ Makes Good on Her Promise to Sue Netflix
Fiona Harvey, known colloquially as the real “Martha” from Netflix‘s hit limited series “Baby Reindeer,” has made good on a vow to sue Netflix. Harvey and her attorneys believe Netflix did not live up to a standard of care in protecting her identity. Further, Harvey says many plot points in “Baby Reindeer” are defamatory and simply untrue. She is suing for $170 million.
“Baby Reindeer” was created by Richard Gadd, who stars in the series as a version of himself. The Netflix program is an adaptation of Gadd’s one-man stage show of the same name. The title is derived from a nickname Martha (Fiona in real life) is said to have given Gadd, whose on-screen character is named Donny. In the stage show and the series, Martha stalks Donny, sexually and physically assaults him, and physically assaults his girlfriend. Martha also has a criminal record for stalking others.
Harvey, the suit says, has no criminal record and has never been to prison. It also says she never assaulted Gadd. The suit calls Gadd a “failing comedian” and “a self-admitted crack, meth, and heroin user.”
Gadd and Netflix bill “Baby Reindeer” as a “true” story less than two minutes into the series, though the show’s end credits include this disclaimer: “This program is based on real events: however certain characters, names, incidents, locations, and dialogue have been fictionalized for dramatic purposes.”
“We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story,” a Netflix spokesperson said in response to the suit.
The lawsuit opens by saying Gadd’s (and Netflix’s, by extension) on-screen statement that “Baby Reindeer” is “a true story” is “the biggest lie in television history,” one Gadd (not a defendant in this suit) made “out of greed and lust for fame.” Netflix, Harvey says, wanted the viewers, the attention, and the money.
The suit accuses the streamer of “defamation, intentional infliction of emotional distress, negligence, gross negligence, and violations of Harvey’s right of publicity.” It cites the Netflix statistic that “Baby Reindeer” has been consumed by more than 50 million people worldwide.
Key among what Harvey’s attorneys call “lies”: Portraying Martha (Harvey) as “a twice-convicted stalker who was sentenced to five years in prison,” and “that Harvey sexually assaulted Gadd.” It was way too easy for fans to identify Harvey as the real “Martha” (played by Jessica Gunning), the suit argues, and Harvey has been harassed since.
One of the way viewers quickly identified Harvey as “Martha” was Harvey’s public social-media posts to Gadd. Several of the posts shared verbiage (“hang my curtains”) with dialogue in the limited series. Harvey and “Martha” also share a look, an accent, and a certain amount of backstory.
“As a result of Defendants’ lies, malfeasance and utterly reckless misconduct, Harvey’s life had been ruined,” it states. “Simply, Netflix and Gadd destroyed her reputation, her character and her life.”
Harvey wants $50 million in actual damages, another $50 million in compensatory damages, $50 million more from the “profits” of “Baby Reindeer” the series, $20 million in punitive damages, legal fees, and “such other general relief to Harvey is just entitled.”
