The woman who claims to be the real life Martha from the hit Netflix show Baby Reindeer is suing the streaming giant for $170 million, with a pretrial conference taking place
A woman claiming to be the real life Martha from Baby Reindeer is suing Netflix for $170 million and one legal advisor has warned the streaming giant to expect a “long” court battle.
Fiona Harvey filed a lawsuit against Netflix last year for defamation, intentional infliction of emotional distress, negligence and violation of her right of publicity, according to court documents obtained by The Mirror US. She alleged Netflix “created an easily accessible road map to allow viewers to track her down in real life and connect the dots to her identity.” In the show, the character Martha is played by Jessica Gunning.
Harvey claimed she was “tormented” after the show, in which she isn’t named, was released. She said she suffers from “anxiety, nightmares, panic attacks, shame, depression, nervousness, stomach pains, loss of appetite and fear, extreme stress and sickness,” according to the court documents. She’s seeking $170 million in damages.
A pretrial conference will be taking place in regards to the case today. Legal advisor James Pipe has spoken to The Mirror US and shared what he thinks Netflix could expect as the case begins.
Pipe told us, “This lawsuit between Fiona Harvey and Netflix is already making headlines, and honestly, it’s got all the ingredients of a long, messy legal battle. Harvey is suing for $170 million, claiming Baby Reindeer is basically a version of her life, and that Netflix defamed her, violated her privacy, and acted negligently by letting it air. But is she likely to win? That’s not so easy to say.”
He continued, “First, she’ll need to prove that viewers could clearly tell she was the inspiration behind the character, and that what was shown was both false and harmful to her reputation. That’s a tall order.”
The expert explained, “Netflix hasn’t named her, and the show is billed as a dramatized ‘true story’, meaning some parts are based on real life, but others are fictionalized.” When suggesting how Netflix will respond, Pipe said they will “likely lean hard on freedom of speech.”
He added, “They’ll argue that the show is protected artistic expression, that names and details were changed, and that no reasonable viewer would assume the character was a 100% accurate portrayal of a real person, especially someone never named.”
Jessica Gunning plays the character in the show ( Image: Ed Miller/Netflix)
Pipe also suggested Harvey might find it difficult to win the negligence parts of her case. “They’ll argue they didn’t act recklessly and took steps to fictionalize the story,” he said.
The trial could be a long one, according to Pipe. “With a claim this size and the level of media attention, we’re probably looking at least a year or two before there’s any final decision, unless they settle early, which can happen if both sides want to avoid a drawn-out court fight,” he suggested.
The expert concluded, “Bottom line: Harvey has a shot, but Netflix has deep pockets and strong legal arguments. It’s going to come down to whether the court sees this show as storytelling, or something more damaging.”
Baby Reindeer tells the dramatized story of comedian Richard Gadd’s experience of being stalked, with the character Martha ending up with a nine-month jail sentence for her harassment against him. In a statement shared with The Mirror US, Harvey previously said, “Earlier in 2024, Netflix released a program called ‘Baby Reindeer’, which they billed and marketed as a ‘true story’. One of the two main characters, ‘Martha’, was clearly intended to be based on me.”
