A judge has ruled that the breakout hit Baby Reindeer could be potentially libelous, paving the way for the ongoing defamation lawsuit against the series and streaming service Netflix to continue.
According to a recent judicial order obtained by People, Judge Gary Klausner ruled that viewers could easily perceive the show to be a "true story," allowing for real-life Martha Fiona Harvey to continue seeking $170 million in damages.
In the order, the judge "disagreed with Netflix's claim that the show" is ultimately fictional, "despite written text on-screen at the beginning of the series that reads, 'This is a true story,'" People reports.
On June 6, Harvey filed a lawsuit in the U.S. District Court for the Central District of California against Netflix, alleging that the streaming service defamed her and intentionally inflicted emotional distress, negligence, and violations of her right of publicity due to how similar she is to Martha (played by Jessica Gunning).
Harvey says that as a result of the show, viewers have tracked her down and successfully discovered her true identity.
Her $170 million lawsuit includes $50 million for actual damages, upwards of $50 million in compensatory damages for "mental anguish, loss of enjoyment of life and loss of business," at least $50 million "for all profits from Baby Reindeer," and at least $20 million in punitive damages.
"The lies that [Netflix] told about Harvey to over 50 million people worldwide include that Harvey is a twice-convicted stalker who was sentenced to five years in prison, and that Harvey sexually assaulted Gadd," the lawsuit filing states, as previously reported by Variety.
"Defendants told these lies, and never stopped, because it was a better story than the truth, and better stories made money."
In his order—which essentially allows the majority of Harvey's claims alleged in the lawsuit to proceed forward and toward a trial—Judge Klausner compared Harvey with the fictional Martha, writing that "there is a major difference between stalking and being convicted of stalking in a court of law," "inappropriate touching and sexual assault," and "shoving and gouging."
Netflix has argued that “a reasonable person would not understand the statements [regarding Harvey] to be assertions of fact," but the judge disagreed, saying that the events portrayed in the hit series "would be interpreted as assertions of fact."
“The very first episode states unequivocally that ‘this is a true story,’ thereby inviting the audience to accept the statements as fact," Klausner wrote.
