Netflix Faces Setback in Fiona Harvey’s $170 Million ‘Baby Reindeer’ Lawsuit

Few streaming hits have made as significant an impact as ‘Baby Reindeer’. The seven-episode Netflix series premiered on April 11, 2024, and went on to secure six Emmys, including Outstanding Limited or Anthology Series, along with lead actor and writing awards for creator Richard Gadd and a supporting actress prize for Jessica Gunning.

The series is adapted from Gadd’s one-man Edinburgh Fringe play, where he portrays Donny Dunn, a struggling comedian whose life is turned upside down by a woman named Martha, played by Gunning. Each episode begins with the assertion that it is a true story, a detail that has proven crucial in court.

Fiona Harvey, a former lawyer from Scotland, claims that Martha is based on her and filed a defamation lawsuit against Netflix in June 2024, seeking at least $170 million. Her complaint alleges that the series inaccurately depicted her as a twice-convicted stalker who served time and sexually assaulted Gadd. Harvey denies any allegations of stalking or convictions, while Netflix disputes her claims.

The latest development occurred on October 6, when the U.S. Court of Appeals for the Ninth Circuit issued an order indicating it may lack jurisdiction over Netflix’s appeal. The court has given the streamer 14 days to either voluntarily dismiss the appeal or justify why it should proceed, putting the briefing on hold.

This issue seems to be technical rather than a judgment on the case’s merits. A separate 2025 ruling by the full Ninth Circuit overturned previous precedent that allowed defendants to appeal certain anti-SLAPP rulings while the case was still ongoing. Netflix had appealed Judge R. Gary Klausner’s anti-SLAPP ruling in October 2024, which paused the case and postponed a trial originally scheduled for May 2025.

If the appeal is dismissed, the case could return to the federal district court in Los Angeles and continue its path toward trial. Harvey’s attorney, Richard Roth, informed Deadline that “Netflix is doing everything to avoid a trial of this action.” He noted that Netflix lost its motion in the district court, appealed, and that the appeal was dismissed. Roth also mentioned that Harvey is pleased with the recent developments.

Netflix has chosen not to comment on the appeals court’s order, and the final outcome regarding the jurisdiction question remains pending.

In September 2024, Klausner rejected Netflix’s motion to dismiss Harvey’s defamation claim, stating that the series was presented as a true story, and Netflix made no effort to fact-check Gadd’s experiences or conceal Harvey’s identity. He concluded that a reasonable viewer could interpret statements about Martha as referring to her.

The judge did dismiss some of Harvey’s claims, including negligence, violation of her publicity rights, and punitive damages. Gadd was not named as a defendant in the lawsuit.

Netflix contends that the events depicted were substantially true and that Harvey does not allege a provably false statement of fact. The company has also argued that her reputation was already tarnished by previous news stories regarding alleged harassment and stalking of public figures. In earlier filings, Netflix asserted that the lawsuit threatens free expression and its ability to create dramas of public significance.

When the lawsuit was initiated, Netflix stated its intention to defend the matter vigorously and support Gadd’s right to share his story. Gadd has since entered into a multi-year first-look deal with the streamer.

For now, the case remains in limbo while Netflix determines its response to the appeals court. If the appeal is withdrawn or dismissed, the district court could establish a new trial date. The original trial was anticipated to last around two weeks.

This dispute has also influenced how streaming platforms label dramas based on real events. The ‘true story’ claim at the center of this case has become a contentious issue, and the eventual resolution could impact how similar series present themselves.

Please welcome to the stage, Donny Dunn.

Baby Reindeer is streaming now: https://t.co/yYOGShZNdQ https://t.co/6Oo1WSKHF5

— Netflix Tudum (@NetflixTudum) April 11, 2024

Until then, the legal battle over ‘Baby Reindeer’ is far from resolved, even as the show continues to be celebrated for its award-winning run.

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