A Scottish woman, Fiona Harvey, has sued Netflix for defamation, negligence and invasion of privacy, claiming she was inspired by the character of Martha in the hit drama Baby Reindeer.
Harvey's lawsuit, filed in a California court, seeks more than $170 million (£132 million) in damages, alleging that Netflix broadcast “monstrous lies” about her to more than 50 million viewers around the world.
Harvey says the series falsely portrays her as a convicted felon who served time in prison for stalking. She also denies allegations of sexual assault against the show's creator, Richard Gadd. According to court documents, Harvey asserts that Netflix chose to perpetuate the lies because “better stories make money.”
In the series, Martha is shown sexually assaulting Gad's character along the canal, a scene that Harvey strongly refutes. Speaking to BBC News, Harvey expressed confidence in her case, saying: “I have no doubt about that. Otherwise we wouldn't do it. We believe we will win.”
The first episode of Baby Reindeer claims to be a true story, while the end credits suggest that some of the characters and incidents were fictional. During a parliamentary hearing last month, Netflix CEO Benjamin King described the show as depicting “the true story of the horrific abuse suffered by writer and protagonist Richard Judd at the hands of a convicted stalker.”
Comedian Gad wrote and stars in the series based on his alleged experience with a woman he met in a bar. They are not named as a defendant in Harvey's lawsuit, and their real names are not used in the series. However, Harvey has identified herself as the inspiration for the character of Martha.
Harvey's lawsuit alleges that Netflix failed to verify Gad's story before creating the series. “Whether Harvey was convicted was never investigated, and is an extremely serious misrepresentation of the facts,” the complaint reads, adding that Netflix has not confirmed any details about the alleged stalking or assault.
Harvey's lawyer, Richard Roth, asserts that there is “irrefutable documentary evidence” proving that Harvey has no criminal record. The lawsuit includes a background check and testimony proving Harvey's clean criminal record.
Since the series launched in April, Harvey says she has received numerous death threats and has become increasingly isolated. She described feeling “afraid to leave her home or check the news,” according to the lawsuit.
In a recent interview with Piers Morgan, Harvey confirmed that he knew Gad during his time working in a London pub, but denied sending him excessive emails or voicemails, as depicted in the series. “None of that is true. I don't think I sent him anything,” she said, only admitting to a few “joking emails.”
The lawsuit also claims that real comments made by Harvey to Gadd, such as a tweet from 2014, are used in the show's dialogue.
Netflix and Richard Gadd have not confirmed Harvey's identity as the basis for Martha, and Netflix did not respond to the BBC's request for comment.
