Netflix Faces Setback in Fiona Harvey’s $170 Million ‘Baby Reindeer’ Lawsuit
Few streaming hits have had as big an impact as ‘Baby Reindeer’. The seven-episode Netflix series debuted April 11, 2024, and went on to win six Emmys, including Outstanding Limited or Anthology Series, as well as lead actor and writing awards for creator Richard Gadd and a supporting actress prize for Jessica Gunning.
The show is based on Gadd’s one-man Edinburgh Fringe play. He stars as Donny Dunn, a struggling comedian whose life is upended by a woman named Martha, played by Gunning. Each episode opens with the statement that it is a true story, a line that would turn out to matter a great deal in court.
Fiona Harvey, a Scottish former lawyer, has said Martha was based on her, and she sued Netflix for defamation in June 2024, demanding at least $170 million. Her complaint says the series falsely portrayed her as a twice-convicted stalker who served time and sexually assaulted Gadd. Harvey denies stalking him or being convicted or imprisoned, and Netflix has disputed her claims.
The latest twist came on Oct. 6, when the U.S. Court of Appeals for the Ninth Circuit issued an order saying it may lack jurisdiction over Netflix’s appeal. The court gave the streamer 14 days to either voluntarily dismiss the appeal or explain why it should go forward, and briefing has been put on hold.
The issue appears to be technical rather than a ruling on the merits. A separate 2025 decision by the full Ninth Circuit overturned earlier precedent that had allowed defendants to appeal certain anti-SLAPP rulings while the case was still underway. Netflix had appealed Judge R. Gary Klausner’s anti-SLAPP decision in October 2024, which paused the case and delayed a trial originally set for May 2025.
If the appeal is dismissed, the case could return to the federal district court in Los Angeles and resume its path toward trial. Harvey’s attorney, Richard Roth, told Deadline that “Netflix is doing everything to avoid a trial of this action.” He added that Netflix lost its motion in the district court, appealed, and that the appeal was dismissed. Roth also said Harvey is delighted with the latest developments.
Netflix declined to comment on the appeals court’s order. The final outcome of the jurisdiction question is still pending.
In September 2024, Klausner denied Netflix’s motion to dismiss Harvey’s defamation claim. He said the series was billed as a true story, that Netflix made no effort to fact-check Gadd’s experiences or hide Harvey’s identity, and that a reasonable viewer could understand statements about Martha to be about her.
The judge also dismissed some of Harvey’s claims, including negligence, violation of her publicity rights and punitive damages. Gadd was not named as a defendant in the suit.
Netflix has argued that the events were substantially true and that Harvey does not allege a provably false statement of fact. It has also said that her reputation was already damaged by past news stories about alleged harassment and stalking of public figures. In earlier filings, the company argued the suit threatens free expression and its ability to make dramas of public importance.
When the suit was filed, Netflix said it intended to defend the matter vigorously and stand by Gadd’s right to tell his story. Gadd has since signed a multi-year first-look deal with the streamer.
For now, the case sits in a holding pattern while Netflix decides how to respond to the appeals court. If the appeal is withdrawn or dismissed, the district court could set a new trial date. The original trial was expected to last about two weeks.
The dispute has also shaped how streamers label dramas based on real events. The ‘true story’ line at the heart of the case has become a flashpoint, and the eventual outcome could influence how similar series present themselves.
Please welcome to the stage, Donny Dunn. Baby Reindeer is streaming now: https://t.co/yYOGShZNdQ https://t.co/6Oo1WSKHF5
— Netflix Tudum (@NetflixTudum) April 11, 2024
Until then, the legal fight over ‘Baby Reindeer’ is far from over, even as the show continues to be remembered for its awards run.
Do you think Netflix was right to market Baby Reindeer as a true story?
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