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Netflix has failed in its attempt to persuade a judge to throw out a defamation lawsuit brought by the woman who inspired the stalker character in hit series Baby Reindeer.<\/p>\n
Fiona Harvey claims the streaming giant told “brutal lies” about her to more than 50 million viewers around the world.<\/p>\n
The show, created by Richard Gadd, is billed as “a true story”, but certain key events, like the conviction for stalking, did not happen in real life, the judge concluded.<\/p>\n
Netflix said: “We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story.”<\/p>\n<\/div>\n
In his ruling, Judge Gary Klausner wrote: “There is a major difference between stalking and being convicted of stalking in a court of law.”<\/p>\n
There were other substantial disparities between what really happened and what was shown on screen, he noted.<\/p>\n
Ms Harvey says also she did not stalk a police officer, sexually assault Gadd, violently attack him in a pub by smashing a bottle over his head and gouging his eyes, or wait outside his home for up to 16 hours a day.<\/p>\n
Netflix argued those things should be viewed as “substantially true” because she did arguably similar things in real life.<\/p>\n
However, the judge wrote: “There are major differences between inappropriate touching and sexual assault, as well as between shoving and gouging another’s eyes.”<\/p>\n<\/div>\n
Gadd’s original stage play was billed slightly differently – as being “based on a true story” – which suggests “certain details were likely false”, the judge wrote.<\/p>\n
A Sunday Times article from June quoted TV industry sources as saying Gadd “expressed concerns” with Netflix about presenting it as simply “a true story”.<\/p>\n
The fact the company went ahead “suggests a reckless disregard of whether statements in the series were false”, Judge Klausner wrote.<\/p>\n
Netflix argued that most viewers would understand the claims made in the show to be “not factual” because it was shot in the style of a drama.<\/p>\n
However, the judge disagreed, writing: “While the statements were made in a series that largely has the trappings of a black comedy-drama, the very first episode states unequivocally that ‘this is a true story’, thereby inviting the audience to accept the statements as fact.”<\/p>\n
Netflix also said the similarities between the real and fictionalised people were so broad that average viewers would not have been able to identify Ms Harvey as Martha.<\/p>\n
“The court disagrees,” the judge wrote. “This is not the typical case where a plaintiff happens to be one of hundreds of people that match a fictional character\u2019s broad characteristics.<\/p>\n
“Rather, Martha and Plaintiff [Ms Harvey] have specific similarities that few others could claim to share.”<\/p>\n
However, the judge did side with Netflix in some parts of Ms Harvey’s case, dismissing her negligence and gross negligence claims, and her request for punitive damages.<\/p>\n
Baby Reindeer has been one of the biggest TV hits of the past year, and recently won six Emmy Awards in the US.<\/p>\n<\/div>\n