Why real-life Baby Reindeer stalker is convinced she’ll win £95m in bombshell lawsuit… as lawyer reveals Richard Gadd’s ‘nauseating’ actions and Netflix’s ‘risky game’
As a seasoned attorney with decades of experience in media law, I find myself both intrigued and concerned by this ongoing legal battle between Harvey, the victim of stalking, and Netflix over the portrayal of her story in Baby Reindeer. The court’s ruling that Netflix did not make any effort to investigate the accuracy of the facts presented or take measures to hide Harvey’s identity is a significant blow to the streaming giant.
Next Tuesday, I’ll have the privilege to stroll down the red carpet at London’s Tate Modern, joining an illustrious group of celebrities. Later in the evening, I will be humbled to receive the recognition as one of GQ Magazine’s Men of the Year, an honor that I am truly grateful for.
In a delightful twist, acting greats Jude Law and Nicole Kidman are set to join the ranks of presenters for these prestigious awards. Meanwhile, the renowned figure Gadd has earned high praise from the publication as an inventive and influential force in culture who consistently pushes boundaries and reshapes the landscape.
Without a shadow of a doubt, it seems like another surreal experience for Gadd, a once little-known, struggling stand-up comedian, who was suddenly thrust into near-immediate global fame when the Netflix show he wrote and performed in became a massive hit back in April.
The scale of his success is staggering.
Approximately 65 million viewers globally have tuned into Baby Reindeer, a gripping seven-part series that dramatizes the true-life experiences of abuse and stalking faced by Gadd. This show ranks among the most successful programs to be broadcast on the streaming platform.
In September he won three Emmys: writing, acting and outstanding limited series. He said on stage then: ‘You have made a little boy from a tiny Scottish town’s dreams come true.’
He’s likely to win at the Golden Globes in January once more, backed by a costly promotional effort from Netflix.
Previously, Netflix disclosed that they have signed an exclusive first-look deal with him, allowing them priority access to his original ideas and script development, ultimately leading to their production.
In the show, Baby Reindeer goes by the name Donny Dunn, while his persistent admirer is often referred to as Martha Scott.
It’s been established, indeed, that the character Martha is modeled after law graduate Fiona Harvey. Currently, she’s taking legal action against Netflix, claiming approximately $120 million (around £1 million) in compensation for how she was portrayed in the series.
She asserts that she has been slandered in an unprecedented extent, which has significantly disrupted her life.
In a recent interview with GQ, Gadd said he couldn’t talk about the legal action but that he felt ‘windswept’ by his experience of sudden fame.
‘I almost don’t know. I just feel knocked off my feet,’ he said.
He went on to complain that the publicity frenzy surrounding Baby Reindeer had been disturbing for him.
He stated, “No matter where I went or what I did, it was always present. Whether I tuned into the television or the radio, it was being discussed. Even when I went shopping at Sainsbury’s, there were articles about it.
He mentioned that it was necessary for him to arrange a lengthy vacation for his parents, so they could escape the persistent attention of reporters.
It’s not surprising that these criticisms greatly anger Fiona Harvey, who claims she can’t bear to leave her apartment in London due to the defamation she’s experienced on a global scale. These accusations are like a provocation to her legal team.
In many cases in the United States, a neutral third party (mediator) is often brought in to help resolve disagreements like this one. The goal is usually for both sides to find common ground, thereby avoiding the cost and time commitment associated with a trial in court.
Last month, a mediator was designated, causing quite a stir among onlookers who speculated whether the behind-the-scenes turmoil concerning Baby Reindeer might be reaching its conclusion at last.
On the contrary, our findings indicate that Harvey’s legal team has chosen not to engage in mediation with Netflix. Instead, they express confidence in their ability to prevail in court and secure a significant victory.
And they have plenty to say about former barman Gadd and what they feel is his pity party.
Richard Roth, Harvey’s New York attorney, remarks: ‘Is he really lamenting the notoriety from his Emmy wins and being a renowned producer? Is he bemoaning his wealth and fame? Oh, how unfortunate for him. I find that hard to believe! It’s almost like Beyoncé complaining about her celebrity status.’
‘Look at the difference with Fiona. She got death threats.’
Roth states: ‘Only one individual, besides Netflix, has made money, and that’s Richard Gadd. Just one party. He’s receiving Emmy awards in the presence of hundreds of Hollywood figures, securing a lucrative deal, yet claiming to be a victim? I must say, that sounds absurd to me.’
‘He brought this on himself. It was not something that was thrust upon him like what happened with Fiona.
In 2017, when Richard Gadd was penning his play, one might wonder if this had long been his aspiration. But isn’t this the ambition of every producer? Aren’t they yearning to author a play to gain fame? Well, that seems far-fetched to me. Instead, I believe those who write and act in plays, their primary desire is simply that – writing and acting in plays.
Regarding the upcoming GQ award, it appears to finalize the outrage. Roth expresses his feelings: ‘It’s disgusting. For him to be named as one of the Men of the Year is appalling. He is Man of the Year, yet she remains confined at home in fear, having experienced such victimization.’
As a lifestyle expert, I’d put it this way: “I find myself confined to my apartment due to an overpowering fear of potential harm outside. This dread has turned my weekly routine into a series of homebound days. My mental health is deteriorating, with frequent panic attacks, chest pains, and an unyielding anxiety looming over me. Nightmares haunt my sleep, while depression lingers in the corners of my consciousness. I’m constantly on edge, with a nervous disposition that’s hard to shake off. My stomach often knots up, and I’ve lost interest in eating. Fear is a constant companion, keeping me awake at night. Insomnia has become my unwelcome bedfellow.
The main point of contention regarding Baby Reindeer centers around an initial screen declaration labeling it as a ‘real-life event,’ instead of using phrases such as ‘inspired by’ or ‘based on’ a real-life event.
Harvey admits that the fictional portrayal failed to adequately conceal her true identity, and it deviated significantly and harmfully from the actual truth, as viewers swiftly discovered by examining Gadd’s social media profiles.
The Netflix series concludes as Martha, a former stalker who had previously targeted a lawyer, admits her guilt for stalking Donny and is given a prison term of 4.5 years.
Harvey has no criminal convictions whatsoever; he’s not even a former prison inmate. His clean background check is part of the latest evidence collection.
Moreover, it’s contended by her legal team that in the original stage production titled Baby Reindeer, where it had its run at the Edinburgh Fringe, Martha doesn’t get apprehended or found guilty of any offense, and thus, she never serves time in prison.
Instead, in the play, Donny is instructed to express his regrets (apologize) to Martha and cease harassing (bothering) the police. The story concludes with him securing a court order that keeps her at a distance (obtaining a restraining order against her).
According to her team, the similarities between the play and the Netflix series suggest that they were aware from the beginning that Harvey was not convicted even once of stalking, let alone twice.
According to Gadd’s legal documents, Harvey received a First Instance Harassment Warning letter back in 2016.
Following numerous additional instances of mistreatment, and Harvey reportedly saying to Gadd, “If I desire your death, you are good and truly dead”, Gadd claims she received another First Instance Harassment Warning notice in the year 2017. He provides his police correspondence as evidence for this.
The claim made by Netflix that the series is substantially truthful since Harvey exhibited comparable actions in reality, however, this argument was not accepted in court, can be rephrased as: The Netflix stance is that the show portrays events that are largely factual because Harvey behaved in a similar manner in real life, but this perspective did not prevail during the trial.
According to Judge Gary Klaus’ decision in September, it was found that the series wasn’t based on real events, and Netflix didn’t strive to verify the truthfulness of the portrayed facts or take steps to conceal Harvey’s actual identity.
The judge found the actions allegedly taken by her (in the case of stalking Gadd) to be despicable, but the account given in Baby Reindeer made it even more appalling.
According to his judgment, it’s important to understand that there’s a significant distinction between the act of stalking and being found guilty of stalking in a court of law.
He also said there were major differences between inappropriate touching (what’s alleged to have happened in real life) and sexual assault (the TV version), as well as between shoving (real life) and gouging another’s eyes (the TV version).
In his writing, he pointed out that although the actions attributed to the plaintiff may be despicable, the defendants’ words appear even more repugnant and might have a stronger impact on someone viewing the situation.
Netflix contends that many viewers will recognize the content of the show as ‘dramatized’ rather than factual, since it was produced in a dramatic format.
In my expert opinion, while I crafted these words in a narrative that leans more towards dark humor and drama, it’s crucial to emphasize that from the get-go, I made it clear that this tale is based on real events. The audience is invited to view it as factual, not just part of an entertaining series.
Netflix argued that the resemblance between the true and fictionalized individuals was so extensive that most viewers wouldn’t recognize Martha as Ms. Harvey. However, the judge contended that Ms. Harvey and Martha possessed distinctive similarities that only a select few could claim to have.
Netflix has argued against the decision made. The scheduled mediation for the appeal was set for this week, but according to Roth, the case isn’t yet suitable for mediation. They are quite certain of their stance and have no intention of reaching a settlement.
The representative from the mediation office asked if we were open to a settlement, but we declined.
He went on: ‘Mediation is dead but if Jesus came up from the dead you never know. I never say never – but right now there’s very little chance it’s going to settle. Courts, especially in the US, are always pushing to have you settle. I can’t say that the case will never settle but it’s looking unlikely.’
It appears that Netflix might be pursuing a Golden Globe nomination while grappling with this ongoing legal issue, without making any official comments on the matter. The only public statement made by Netflix outside of legal documents has been their support for Gad’s claim to share his real story about being stalked.
Roth asserts that Netflix is engaging in an exceptionally daring move by persisting in its actions. This situation is not merely a topic of interest for journalists; it’s attracting attention from industry professionals, entertainment figures, legal experts, and television executives alike.
‘It’s not smart to keep it going.’
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2024-11-15 20:35