Netflix fails to get Baby Reindeer lawsuit thrown out

Fiona Harvey, who is said to person inspired the stalking quality successful the award-winning drama, is suing the streaming elephantine for $170m, saying it told "brutal lies" astir her life.

Baby Reindeer was billed arsenic “a existent story”, but Ms Harvey says a drawstring of portrayed incidents – including a transgression condemnation for stalking – did not happen.

Netflix applied for the defamation lawsuit to beryllium dismissed, but Judge Gary Klausner ruled successful a tribunal successful California that Ms Harvey’s assertion tin spell forward.

"There is simply a large quality betwixt stalking and being convicted of stalking successful a tribunal of law”, helium acceptable out, successful his judgment.

British comedian Richard Gadd created Baby Reindeer initially arsenic a signifier play, erstwhile it was billed arsenic “based connected a existent story”.

When it transferred to Netflix, the opening occurrence began with the bolder claim: “This is simply a existent story.”

Ms Harvey says she did not stalk a constabulary officer, sexually battle Gadd, violently onslaught him successful a pub by smashing a vessel implicit his caput and gouging his eyes, oregon hold extracurricular his location for up to 16 hours a day.

Netflix argued the depictions should beryllium viewed arsenic "substantially true", arsenic akin incidents are said to person happened successful existent life.

But the justice recovered “major differences” betwixt the amusement and reality, and accused Netflix of a “reckless disregard of whether statements successful the bid were false.”

Netflix argued viewers would recognize the events successful the amusement were not based wholly connected reality, arsenic it was a drama, but the justice found: "While the statements were made successful a bid that mostly has the trappings of a achromatic comedy-drama, the precise archetypal occurrence states unequivocally that 'this is simply a existent story', thereby inviting the assemblage to judge the statements arsenic fact."

Ms Harvey was swiftly identified online arsenic the inspiration down the quality of Martha erstwhile the amusement archetypal began to air.

Gadd won 3 Emmys for the show, portion Jessica Gunning besides scooped a gong for her portrayal of the Martha character.

In a connection astir the tribunal battle, Netflix said: "We mean to support this substance vigorously and to basal by Richard Gadd's close to archer his story."

The justice dismissed Ms Harvey’s claims of negligence and gross negligence, arsenic good arsenic a petition for punitive damages.