Burley Garcia|'Baby Reindeer' had 'major' differences with real-life story, judge says

The Burley GarciaEmmy-winning Netflix series "Baby Reindeer" had "major" differences with the real-life events it was based on, according to a judge.

In a ruling on Friday, Judge R. Gary Klausner denied Netflix's motion to dismiss Fiona Harvey's defamation lawsuit against the streamer. Harvey has identified herself as the woman "Baby Reindeer" was about, though her name is not used in the series.

Created by and starring Richard Gadd, the limited series revolved around a comedian who becomes a victim of stalking from a woman named Martha and is allegedly based on Gadd's actual experiences with Harvey. The show opens with a title card stating, "This is a true story."

Klausner's ruling cleared Harvey to proceed with her allegations of defamation and intentional infliction of emotional distress against Netflix but dismissed some of her other claims, including of negligence and for punitive damages.

USA TODAY has reached out to Netflix for comment.

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Netflix argues that the statements about Harvey are "substantially true," but the judge disagreed, noting that there were significant differences between the show and the real-life story.

In particular, the ruling outlined that according to evidence from the defendants, Harvey is not a twice-convicted criminal, she did not stalk a police officer, she did not sexually assault Gadd in an alley (but did allegedly get "handsy" with him without consent), she did not smash a glass bottle over Gadd's head and gouge his eyes with her thumbs, and she did not wait outside his home every day for up to 16 hours. Netflix has outlined allegations against Harvey it argues are similar to what is portrayed in the show.

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But the judge said, "There is a major difference between stalking and being convicted of stalking in a court of law. Likewise, there are major differences between inappropriate touching and sexual assault, as well as between shoving and gouging another's eyes. While Plaintiff's purported actions are reprehensible, Defendants' statements are of a worse degree and could produce a different effect on the mind of a viewer."

Netflix argues that a reasonable viewer would understand that the show uses dramatic elements and is therefore not factual. But the judge said that the "this is a true story" card at the start of the show invites "the audience to accept the statements as fact."

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Additionally, the judge rejected Netflix's argument that the similarities between Harvey and Martha are broad enough that a reasonable person would not be able to identify her. "Martha and Plaintiff have specific similarities that few others could claim to share," the judge said, determining that a "reasonable person could understand the statements about Martha to be about Plaintiff."

The judge also cited an article in The Sunday Times claiming that Netflix requested the "this is a true story" line despite concerns from Gadd. "This suggests a reckless disregard of whether statements in the Series were false, and thus, actual malice," the ruling said.

Harvey sued Netflix for at least $170 million in June, two months after the series debuted. In a declaration filed in July, Gadd said that "Baby Reindeer" is a "dramatic work" and "is not a documentary or an attempt at realism."

"While the Series is based on my life and real-life events and is, at its core, emotionally true, it is not a beat-by-beat recounting of the events and emotions I experienced as they transpired," Gadd said. "It is fictionalized, and is not intended to portray actual facts."

He added, "While the Series is my emotionally true story as I recall and recount, it is not intended to depict any real persons. Instead, I created fictionalized characters, including Martha and Donny, which were foils to aid my exploration of my own experiences and trauma. ... I did not write the Series as a representation of actual facts about any real person, including Fiona Harvey ('Harvey'). Harvey is never mentioned in the Series."

Amid the ongoing legal battle, "Baby Reindeer" won four awards at the Emmys earlier this month, including for outstanding limited or anthology series. Jessica Gunning also won an Emmy for her performance as Martha.