Scottish woman sues Netflix for $170 million over depiction of baby reindeer character

A Scottish woman, Fiona Harvey, is suing Netflix for defamation, negligence and breaches of privacy, claiming that the character Martha in the hit drama Baby Reindeer is based on her.

Harvey’s lawsuit, filed in a California court, seeks damages of more than $170 million (£132 million), claiming Netflix broadcast “brazen lies” about her to more than 50 million viewers worldwide.

Harvey argues that the series wrongly portrays her as a convicted criminal who spent time in prison for stalking. She also denies allegations of sexual abuse from the show’s creator, Richard Gadd. According to court documents, Harvey claims Netflix chose to perpetuate falsehoods because “better stories made money.”

In the series, Martha is shown sexually assaulting Gadd’s character along a canal, a scene that Harvey strongly refutes. Speaking to BBC News, Harvey expressed his confidence in her case, saying: “I have no doubt about that. Otherwise we wouldn’t do it. We think we are going to win.”

The first episode of Baby Reindeer claims to be a true story, while the end credits state that some characters and incidents have been fictionalized. During a parliamentary hearing last month, Netflix CEO Benjamin King described the show as depicting the “true story of the horrific abuse that writer and protagonist Richard Gadd suffered at the hands of a convicted stalker.”

Gadd, a comedian, wrote and stars in the series based on his alleged experience with a woman he met in a pub. He is not named as a defendant in Harvey’s lawsuit, nor are their real names used in the series. However, Harvey has identified himself as the inspiration for the character of Martha.

Harvey’s lawsuit alleges that Netflix failed to verify Gadd’s story before the series was created. “There was never any investigation into whether Harvey was convicted, a very serious misrepresentation,” the complaint said, adding that Netflix has not confirmed any details about the alleged stalking or assault.

Richard Roth, Harvey’s attorney, claims there is “irrefutable documentary evidence” showing Harvey has no criminal record. The lawsuit includes a background check and a certificate proving Harvey has no criminal record.

Since the series’ release in April, Harvey says she has received numerous death threats and has become increasingly withdrawn. She described feeling “afraid to leave her house or check the news,” according to the lawsuit.

In a recent interview with Piers Morgan, Harvey confirmed that he knew Gadd while working at a London pub, but denied sending him excessive emails or voicemails as depicted in the series. “None of that is true. I don’t think I sent him anything,” she stated, only acknowledging a few “funny banter emails.”

The lawsuit also claims that real comments Harvey made to Gadd, such as a 2014 tweet, are used in the show’s dialogue.

Netflix and Richard Gadd have not confirmed Harvey’s identity as the basis for Martha, and Netflix did not respond to the BBC’s request for comment.