Netflix Fails to Block Baby Reindeer Defamation Claim

Fiona Harvey issued a claim for defamation against Netflix, saying that "brutal lies" had been told about her in the Baby Reindeer series, which was watched by millions of viewers. Richard Gadd wrote the multi award-winning series, in which he is depicted being seriously harassed by Fiona Harvey. Netflix said in their publicity for the series, that it was "a true story".

Netflix made an early attempt to get the claim dismissed, saying that Richard Gadd should be allowed to tell his story, and that what had been depicted was "substantially true", but they were unsuccessful. The judge who heard the application by Netflix concluded that as Ms Harvey was never convicted of stalking, unlike her character in the series, the claim should be allowed to proceed. The judge said that there was a "major difference" between stalking someone, and being convicted of the crime of stalking.

The judge also pointed to other "substantial disparities" between what was depicted in the series, and what had actually happened, including the fact that Fiona Harvey did not sexually assault Richard Gadd, she never stalked a police officer, she never waited for hours outside Gadd's house, and she never attacked him in a pub. All of those events were depicted as being true in Baby Reindeer although Netflix tried to argue in court that the audience would understand that the events were dramatised.

Netflix also tried to argue that Fiona Harvey would not have been identifiable by the series, which of course was not the case - she was identified within a matter of days on social media. 

The judge ultimately threw out the majority of the application, and concluded that Netflix had been "reckless" in promoting the series as a "true story" when there were such serious allegations made against Fiona Harvey. 

This case underlines the importance of being able to prove that publications are true, particularly if they are sold to audiences on that basis. The law of defamation in England assumes that statements are untrue, and it is for a defendant to prove that what they have said is true. If they can't, then the claim is likely to proceed.

The damages which Netflix could be awarded to pay to Fiona Harvey could be substantial - the extent of publication, the fact that Netflix billed the series as true, and the seriousness of the allegations, could well mean she is paid a very high sum in compensation. 

If someone has wrongly accused you of committing a crime, you too may be able to claim compensation. At Samuels, our expert solicitors have helped clients recover damages for libel for many years. Contact us to find out how we can help you.