Richard Gadd, the man behind Netflix’s Baby Reindeer, says he “could and would” testify in the $170m lawsuit trial in needed.
Baby Reindeer may end up having more of an impact than creator Richard Gadd ever anticipated, possibly forcing filmmakers and producers to reconsider using any variation of the “based on a true story” tag, lest they get slapped with a lawsuit. This is precisely what happened with that Netflix miniseries, with real-life inspiration Fiona Harvey filing a $170 million suit against Netflix for defamation, publicity violations, emotional distress, and more. Now, creator Gadd – who is actually not named in the suit – is stepping in, saying he will come to the show’s and his own defense if needed.
As Gadd said in a statement regarding the Baby Reindeer lawsuit, “I have personal knowledge of the facts set forth below and, if called as a witness, could and would testify competently thereto. I submit this declaration in support of defendants Netflix, Inc., and Netflix Worldwide Entertainment, LLC’s special motion to strike.” He added, “The series is a dramatic work. It is not a documentary or an attempt at realism. While the series is based on my life and real-life events and is, at its core, emotionally true, it is not a beat-by-beat recounting of the events and emotions I experienced as they transpired. It is fictionalized and is not intended to portray actual facts.”
However, as Fiona Harvey insists, the Baby Reindeer lawsuit stems from Netflix never reaching out to consult her on the content of the show, thus leading to misinformation spread about her. While the character is named Martha Scott, it didn’t take long for people to figure out just who inspired the character…or to learn that Harvey did not serve prison time like Martha. “The problem for Richard Gadd and now for Netflix is that Baby Reindeer is not a true story at all. I am not a ‘convicted stalker.’ I have never been charged with any crime. … Nobody ever approached me for any comment on the accuracy of Baby Reindeer or the very serious and damaging allegation that I am a convicted criminal, with a serious criminal record, who has spent time in prison. Nobody ever asked for my permission to present me in this way or to use my image at all.”
As the Baby Reindeer lawsuit filing reads (via The Guardian), “Netflix, a multi-national billion dollar entertainment streaming company did literally nothing to confirm the ‘true story’ that Gadd told. That is, it never investigated whether Harvey was convicted, a very serious misrepresentation of the facts. It did nothing to understand the relationship between Gadd and Harvey, if any … 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.”
As for how the bulk of the astronomical $170 million figure was determined for this lawsuit, $50 million comes from mental strife, another $50 million is tied to profits from Baby Reindeer and another $20 is from punitive damages.
Baby Reindeer is up for seven Primetime Emmy Awards, including Outstanding Limited or Anthology Series, Outstanding Lead Actor in the category for Gadd and Outstanding Supporting Actress for Jessica Gunning, who plays Martha.
How do you see the Baby Reindeer lawsuit shaking out? Do you think Fiona Harvey has a case against Netflix? Chime in with your thoughts in the comments section below.