ScottishNews.com

Fiona Harvey’s defamation claim is set go ahead despite repeated attempts by the streaming giant to get the case thrown out.

U.S. District Judge R. Gary Klausner had initially ruled in September 2024 that the lawsuit should go ahead.

At the time, he rejected Netflix’s attempt to strike Harvey’s core defamation claim under California’s anti-SLAPP law – designed to quickly dispose of lawsuits targeting protected speech.

Klausner’s ruling emphasised the distinction between a drama based on real events and presenting allegedly fictionalised details as fact.

Now the federal appeals court has said it lacks the jurisdiction to intervene.

Harvey’s US lawyer, Richard Roth insists the latest response by lawmakers who failed to overturn the decision is good news for his client.

He said: “Netflix is doing everything to avoid a trial of this action. First, it made a motion before the federal district court which it lost. Then it appealed that decision, which was dismissed.

“Notwithstanding its efforts, there will be a trial in this action where its wrongdoing will be front and centre before a jury.”

He added that Harvey was “elated” by the news.

A Los Angeles jury will be called to hear evidence from both sides, including Harvey’s claim that she was identified by viewers as a twice convicted stalker Martha, played by Jessica Gunning.

At the heart of the case is the fact that Scots comedian and actor Richard Gadd’s award-winning series begins each episode with the claim, “This is a true story” - going on to depict his stalker of having served a historical prison sentence for stalking and pleading guilty to stalking him, resulting in a second substantial prison term.

There is no evidence that Harvey has ever been convicted of a criminal offence.

She insisted, “We will win” and claims Netflix attempted to delay or make the case go away.

A friend of Harvey said: “It has been a frustrating wait for the legal proceedings to take their course, but she has always maintained that she will win this case. 

“She is afraid to go out and has suffered ill health as a result of the stress. After the latest development she is more confident than ever.”

Harvey first issued legal proceedings against Netflix in June 2024. She maintains that she has never been convicted of a crime let alone imprisoned.

Judge Klausner said that Netflix’s decision to open Baby Reindeer with the words “This is a true story” could lead viewers to believe the events depicted are factual.

He also found meaningful differences between what Gadd accused Harvey of doing in real life and what Martha does in the series.

“There is a major difference between stalking and being convicted of stalking in a court of law,” Klausner wrote in his 2024 ruling.

He also pointed to differences between allegations of inappropriate touching and the sexual assault portrayed in the series, as well as between alleged physical confrontations and the more serious violence shown on screen.

Throughout, Netflix has claimed the series is based on Gadd’s experiences and has defended his right to tell his story. It has vowed to vigorously defend the claims.

The company also argued that Harvey could not establish that viewers would reasonably understand Martha to be her.

Klausner rejected that argument.

After Baby Reindeer debuted April 11, 2024, Gadd publicly urged viewers not to speculate about their real-life counterparts, but Harvey was quickly identified online. Her legal team said she was too traumatised to leave her flat in London after the show aired.

The show became a global hit and won six Emmys, including Outstanding Limited or Anthology Series, as well as lead actor and writing awards for Gadd and a supporting actress prize for Gunning.

Based on Gadd’s one-man Edinburgh Fringe play, he stars in Baby Reindeer as Donny Dunn, a struggling comedian.

Harvey claims that she has been defamed ‘at a magnitude and scale without precedent’ and her life ruined as a result.