The woman who claims to be the real-life Martha has reportedly been given the green light to sue Netflix
A judge has decided Baby Reindeer’s real-life Martha could sue Netflix for defamation. A judge has determined that viewers of the hit Netflix series might believe that the action in it would be seen as a “true story”, which means that real-life Martha could launch a defamation lawsuit against the streaming service and producers of the series.
In a judicial order obtained by PEOPLE, the judge disagreed that Richard Gadd, who portrays himself in the series, which documents his alleged stalking at the hands of a woman, known as Martha, had created a fictional story, which Netflix has claimed.
The judge reportedly said many of the details of the series were factual, along with a text that starts the show which reads: “This is a true story.” 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 the American publication.
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Harvey has alleged in her lawsuit that the portrayal of Martha in Baby Reindeer is defamatory, in relation to her relationship with Gadd. The comedian has said that the story is true, though has admitted that some events were changed “slightly to create dramatic climaxes.” Gadd said about the show: “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.”
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Netflix had previously asked for the lawsuit to be dismissed as Gadd had said that he was stalked by Harvey and though parts of the series were “fictionalised”, it did depict the real-life experience he had with Harvey. The streaming service had argued: “A reasonable person would not understand the statements [regarding Harvey] to be assertions of fact.” Netflix added: “a reasonable person would understand from context that the elements are not factual”.
The judge disagreed and he stated: “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. She also denied being a convicted stalker and sexually assaulting Gadd, which he had portrayed in the mini-series.
