IT was the real-life TV drama that took the world by storm — but now Netflix has been hit by a £130million lawsuit filed by the woman who is said to be the inspiration for the crazed stalker in Baby Reindeer.
Fiona Harvey says that 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 Netflix “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 50 million people and tipped for awards success — about his experiences of a woman who stalked him.
In the seven-episode drama, he plays a barman called Donny Dunn, and the name of the character who becomes obsessed by him is Martha Scott, played by Outlaws actress Jessica Gunning.
Gadd, 35, claimed he had gone to great lengths to hide his tormentor’s true identity.
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But soon after the series began streaming in April, internet sleuths pointed out the similarities between Martha and Fiona.
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.
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 an ongoing debate on the truthfulness of Baby Reindeer — and the drama surrounding Fiona Harvey.
Netflix executive Benjamin King was questioned in Parliament on whether the show was ethical.
'Made life a nightmare'
Scottish National Party MP John Nicolson then wrote a letter casting doubt on whether King had been honest when he’d told the Culture Media and Sport Committee that Baby Reindeer was “obviously a true story of horrific abuse.”
But others have come forward to suggest Harvey has stalked them.
Lawyer Laura Wray claimed that 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 Fiona bombarded Labour leader Sir Keir Starmer with messages for eight months.
She was eventually reported to the police for the campaign of vitriol when 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 has not appeared in court charged with any offence.
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 50 million 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 that Netflix led viewers to believe that this was correct.
At the start of the series, viewers are told that Baby Reindeer “is a true story.”
Social media detectives
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 often sensitive drama, Richard admitted to making mistakes in the way he dealt with his unwanted admirer.
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 to him, before tiring of the 41,000 often offensive messages she sent.
The show’s title comes from the affectionate nickname of Baby Reindeer that his stalker gave to him.
Fiona has taken a different approach to dealing with the fall out 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 Piers Morgan on Uncensored show she denied taking an interest in Richard.
She told The Sun columnist: “I gave him the brush off big time, I don’t fancy little boys without jobs.”
Fiona went further in the legal papers by denying waiting outside Richard’s home for hours on end or smashing a bottle over his head.
This legal case will only amplify the row.
Her lawyers went on the offensive in its lengthy legal deposition.
Shockwaves through media industry
In it they called Richard “a self-admitted crack, meth, and heroin user” and accused him of “spying on” Fiona.
Richard, 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 Fiona 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 doing something wrong, the writers can embellish events with extra drama and make the characters appear even worse than they were in real life.
Simply, Netflix and Gadd destroyed her reputation, her character and her life
Fiona Harvey's lawyers
The BBC is reportedly now facing a raft of questions about how it treats the people depicted in historical dramas.
An insider told Deadline that there was “increased awareness” regarding a “duty of care” following Baby Reindeer.
The risks of putting anyone still alive in a bad light was demonstrated by the British film The Lost King, about the search for King Richard III’s body in a Leicester car park.
In February university official Richard Taylor’s lawyers told the High Court that the movie’s producers, which include film star Steve Coogan, had depicted him as “dismissive, patronising and misogynistic.”
Coogan and the other producers denied Richard’s claim for libel.
The question is how far TV and film producers should fictionalise events in order to boost their audience numbers.
Fiona’s lawyers point out that Netflix had said it needed more “compelling content” in order to increase its paid subscribers.
And they claim that the streaming company did not do enough to fact check Richard’s script prior to making the series.
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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.”
