Fiona Harvey, the real Martha, has filed a $170 million lawsuit against Netflix, claiming defamation, emotional distress, negligence, and violation of her right of publicity over the portrayal of a character allegedly based on her in the series Baby Reindeer. The lawsuit was filed in California on Thursday.
Baby Reindeer, created by Richard Gadd, is based on his experiences with a stalker named “Martha” in the show. Harvey asserts that the character, played by Jessica Gunning, falsely depicts her as a convicted stalker and sexual assailant of Gadd’s character, Donny Dunn. Harvey’s filing includes evidence showing she has no criminal record, contradicting the show’s narrative.
Fiona Harvey claims that the series’ opening statement, “this is a true story,” is misleading, designed to boost viewership and profit at her expense. Harvey claims in her suit that Donny and Martha’s use of the phrase “hang my curtains” as a euphemism for sex in the show led droves of fans to suspect her of inspiring the character.
According to the complaint, amateur sleuths uncovered a 2014 tweet by @FionaHarvey2014 that tagged @MrRichardGadd and read, “my curtains need hung badly.” The suit alleges, “As a result of Defendants’ lies, malfeasance and utterly reckless misconduct, Harvey’s life had been ruined. Simply, Netflix and Gadd destroyed her reputation, her character and her life.”
Netflix plans to defend the case, standing by Gadd’s storytelling rights. Gadd, who is not a defendant in the lawsuit, has publicly discouraged identifying real-life counterparts to his characters, citing a negative impact on artistic expression.
This legal action follows Netflix’s recent settlement with former NYC prosecutor Linda Fairstein over her portrayal in the series When They See Us.