Yahoo News What we know and don't know about 'Martha' from Baby Reindeer suing Netflix
Fiona Harvey has claimed to be the inspiration behind the character of Martha Scott, who stalks Gadd’s character Donny Dunn
A woman claiming to have been the subject of Richard Gadd’s hit TV series Baby Reindeer is seeking at least £133m in a lawsuit filed against Netflix.
Fiona Harvey has claimed to be the inspiration behind the character of Martha Scott, who stalks Gadd’s character Donny Dunn after he serves her a free cup of tea in the pub where he works.
The show is said to be based on the real-life experiences of comedian and writer Gadd. After the show aired, he asked viewers not to speculate over the real people who inspired the series.
What we know
We know Harvey has accused the streaming platform of defamation, intentional infliction of emotional distress, negligence, gross negligence and violations of her right of publicity in the lawsuit filed at the Californian federal court.
She has accused Netflix of spreading “brutal lies”, including that she is a “twice convicted stalker who was sentenced to five years in prison”, and said her “life had been ruined” as a result of the company’s “misconduct”.
The court documents allege Netflix “did literally nothing” to confirm the story represented was true, stating “Harvey has never been convicted of any crime and has never been to prison”.
Among the damages Harvey is seeking is compensation of £39m, punitive damages of £16m and “all profits” from Baby Reindeer of £39m.
Netflix has spoken out, saying: “We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story.”
What we don't know
While Harvey said last month “I have no doubt that the character of Martha in Baby Reindeer was intended to be a portrayal of me," neither Netflix or Gadd have confirmed the real identity of Scott.
So, despite the controversy sparked by the show, it has yet to be confirmed if Harvey is actually the Martha Scott who is portrayed in the series.
In terms of Harvey's lawsuit, it is not clear how much - if anything - she would stand to receive from the lawsuit, nor when it will be heard in court.
Earlier this week, the streaming giant settled a defamation lawsuit by former prosecutor Linda Fairstein over her portrayal in When They See Us, a 2019 series about the Central Park Five rape case three decades earlier.
Netflix agreed to move a disclaimer that some characters may have been altered for dramatic purposes to the start of episodes from the closing credits.
It also agreed to donate $1m to the Innocence Project, a non-profit that helps free wrongfully convicted people. Fairstein will receive no money in the settlement.
The reason behind Harvey's decision to launch the suit in US is also unclear. It is harder to prove defamation in the US legal system than the UK's. In the US, defendants are afforded protection by the US Constitution’s First Amendment protections for free speech and freedom of press. Plus, in the US, the burden of proof is on the plaintiff, whereas in the UK it is on the defendant.
