Why The Alleged Real Life Baby Reindeer Stalker Is Suing Netflix For $170 Million

Richard Gadd's smash-hit series "Baby Reindeer" is exactly the kind of story that thrives on Netflix. Based on true events that happened to Gadd, the seven-episode drama has been one of the streamer's most discussed original offerings since its debut in April of 2024. Gadd plays a fictionalized version of himself, an aspiring comedian named Donny Dunn who is already failing to address his previous traumas when he meets a woman named Martha (Jessica Gunning), who proceeds to stalk him and the people close to him. "Baby Reindeer" is an adaptation of Gadd's award-winning one-man play that he performed at the Edinburgh Festival Fringe in 2019, so it's not like this information or the way he, as a survivor, has elected to discuss it is new.

However, bringing the show to Netflix understandably put his story in front of the largest audience possible, and online sleuths who couldn't just respect the boundaries Gadd established with "Baby Reindeer," which involved using fake names and changing character behavior to distance the show from the real people who inspired it, seemingly tracked down Gadd's alleged stalker. Netflix did not use her name and Gadd did not ever once claim that the character of Martha was an exact portrayal of his stalker — merely inspired by her. Alas, a woman claiming "Baby Reindeer" is about her is now suing Netflix for at least $170 million (per Variety).

In all of my coverage of the show and its aftermath, I've avoided using the woman's name so as to not exploit her in the same way I personally feel those who keep putting her on talk shows have done. Unfortunately, with a legal document filed, her actual name will need to be used now.

Fiona Harvey claims to be the woman who inspired the character of Martha and filed a suit with the U.S. District Court for the Central District of California alleging defamation, intentional infliction of emotional distress, negligence, and violations of her right of publicity. The full document can be read here. She's seeking monetary damages of over $170 million. Harvey's complaint states, "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." Well, no. It doesn't. It claims that this is what happened to a fictional character named Martha Scott, as Harvey's name was never used in the show nor mentioned in any of the press or promotional materials for the series.

"Defendants told these lies, and never stopped, because it was a better story than the truth, and better stories made money," the lawsuit continued. Well, scripts based on a true story do not have any requirement to be completely accurate, and embellishment for a better story, is part of storytelling. But again, Gadd's story never once names Harvey nor did Netflix ever claim that Martha is based on Harvey. The only reason anyone even knows that Harvey is the alleged stalker is because she herself claimed as such on social media.

"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," the suit continued. I'm not a lawyer, so it would be irresponsible for me to speculate further. Still, I will note that even one of the earliest newspapers to write about Harvey as the possible Martha, The Daily Record in Scotland, reported that it was online fans who first speculated that she was the stalker, and it wasn't confirmed until Harvey herself did so on Facebook.

At the end of "Baby Reindeer," a disclaimer appears that reads "Some characters may have been altered for dramatic purposes." It has since been moved to the start of each episode rather than the closing credits. Netflix released an official statement regarding the lawsuit that said, "We intend to defend this matter vigorously and to stand by Richard Gadd's right to tell his story." Gadd's reps have directed the press to the statement by Netflix, but he is not named as a defendant in Harvey's lawsuit.

This is a much different situation than what recently occurred with former Manhattan prosecutor Linda Fairstein, who recently settled a defamation lawsuit against Netflix and director Ava DuVernay over her portrayal in the docuseries "When They See Us" based on the case of the Central Park Five/Exonerated Five — because Fairstein was actually named.

Harvey's suit was filed in California where Netflix is located, rather than in the U.K. where she is from. Defamation and libel/slander laws are extremely different in the United States compared to the U.K. For example, after it was made known that British author J.K. Rowling was allegedly using the U.K.'s libel laws to threaten people who called her things like bigoted, transphobic, fatphobic, racist, or antisemitic on social media, those who do not reside in the U.K. spoke freely on others' behalf.

The standard of proof is significantly higher in the States for these sorts of lawsuits, so (again, I am not a lawyer and this is not legal advice) I can't imagine Netflix is worried. If anything, this is press that keeps their show on folks' radar ahead of Emmy-voting season and Harvey will either get a payout so Netflix no longer has to deal with her, or the case will be dismissed and she'll wind up liable for Netflix's legal fees.