Fiona Harvey has sharply criticized Netflix for its “cheeky” defense in the ongoing $170 million defamation lawsuit over the hit series Baby Reindeer. The streamer is attempting to downplay its “true story” label, arguing that viewers should have interpreted the show’s tone — marked by ironic scenes and playful music — as fictionalized drama rather than factual retelling.
The Lawsuit and Its Origins
Harvey claims she was wrongly portrayed as Martha, the obsessive stalker in Baby Reindeer, played by Jessica Gunning. According to her legal team, the series ruined her life, falsely depicting her as a convicted criminal who spent years in prison — accusations Harvey insists are completely untrue.
A U.S. District Court previously ruled that the case could proceed to trial, a decision Netflix has since appealed to the Ninth Circuit U.S. Court of Appeals.
Netflix’s Defense: “It’s Fictionalized”
In a 67-page filing, Netflix argues that Baby Reindeer is not a literal recounting of events. Despite the opening text card reading, “This is a true story,” the streamer claims that any “reasonable viewer” would recognize the stylized narrative — including absurd scenes, creative cinematography, and the use of upbeat tracks like Happy Together — as a form of dramatic storytelling, not factual reporting.
Netflix insists that the “true story” label was presented in the same playful tone as the main character’s text messages, and thus serves as a dramatic device rather than a literal claim.
Harvey: “This Argument Is What’s Truly Cheeky”
In response, Harvey’s legal team, led by attorney Richard Roth, issued a 75-page rebuttal calling Netflix’s explanation “insulting.” Harvey contends that Netflix failed to protect her identity and instead broadcasted a version of events that damaged her reputation.
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Her filing accuses Netflix of reckless disregard for the truth, citing a Sunday Times article that allegedly revealed concerns raised by creator Richard Gadd about the “true story” framing. Netflix dismissed the article as “anonymous hearsay,” but notably did not challenge its factual content in court.
Credits Disclaimer Called Insufficient
Netflix also pointed to a disclaimer hidden in the show’s end credits stating the series was fictionalized. Harvey argues this is virtually invisible to viewers unless they intentionally click “watch credits” and then scroll past several minutes of content.
“Even if ‘watch credits’ is selected, the viewer must wade halfway through three minutes of credits to find the actual disclaimer,” Harvey’s lawyers wrote.
