“It’s a true story”

The pilot episode of Netflix’s hit miniseries “Baby Reindeer” presents viewers with the message: “It’s a true story.”

But how true is “Baby Reindeer” creator Richard Gadd’s fictional account of a life-changing encounter with a serial stalker? That’s the question at the heart of a high-profile court case that could influence how Hollywood handles scripted adaptations of real-life events in the future.

In June, the woman who allegedly inspired the stalker character in “Baby Reindeer” sued Netflix for negligence and defamation.

Fiona Harvey’s $170 million lawsuit accused the Los Gatos, Calif.-based streaming giant of telling “brutal lies” and trying to “viciously destroy” her life in search money and viewers – all while promoting the series as a true story.

“This was a really good series that shows how the boundaries between telling a true story and the art of docudramas can raise unique legal issues,” said Jason Shepard, interim dean of the College of Communications at Cal State Fullerton.

Learn more:“Baby Reindeer” Lawsuit: Alleged “Real Martha” Demands $170 Million From Netflix

The true story genre has been a reliable source of revenue and rewards for Hollywood studios for some time, with projects ranging from blockbuster biopics (“Bohemian Rhapsody,” “Bob Marley: One Love”) to gripping TV docudramas ( “American Crime Story”, “Inventing Anna”) is launched with great success.

But depicting real people and events carries real risks, and this isn’t the first time Netflix has been sued for defamation.

In June, the streamer settled a lawsuit filed by former New York City Attorney Linda Fairstein, who alleged she was unfairly portrayed in Ava DuVernay’s Emmy-winning miniseries about case of the Central Park joggers in 1989, “When They See Us”.

As part of the settlement, Netflix agreed to move a disclaimer (similar to the one attached to “Baby Reindeer”) from the end credits to the opening of the series. Fairstein received no money from the deal and DuVernay maintained the portrait.

John L. Krieger, an intellectual property attorney with the Las Vegas law firm Dickinson Wright, said the “Baby Reindeer” case could prompt producers and studios to be “more aware of the need to ensure that there is no claim that something is truly 100% accurate.

Adapted from Gadd’s one-man show of the same name, “Baby Reindeer” stars Gadd as a struggling stand-up comedian whose life begins to fall apart after a woman named Martha Scott ( Jessica Gunning) develops a disturbing obsession with him.

The thought-provoking drama won six Emmy Awards last month, including awards for limited series, lead actor (Gadd) and supporting actress (Gunning). It was also a huge commercial triumph, racking up more than 88 million views in its first three months on Netflix, according to the streamer.

Learn more:Netflix and Ava DuVernay settle defamation lawsuit filed by ‘When They See Us’ prosecutor

The so-called “real Martha,” however, was not a fan.

Harvey’s complaint challenges Netflix’s portrayal of Martha as a twice-convicted stalker who sexually assaulted Gadd’s character, Donny Dunn, and is sentenced to five years in prison for her actions.

“The defendants told these lies, and never stopped, because it was a better story than the truth,” the lawsuit reads, “and the best stories made money.”

In a statement, Netflix pledged to “vigorously defend this case” and “defend Richard Gadd’s right to tell his story.”

The streamer filed a motion in July to dismiss Harvey’s complaint on the grounds that Gadd’s creation is a form of protected speech and that “no reasonable viewer could understand ‘Baby Reindeer’ as making factual statements about Harvey.” , among other factors.

“Each alleged defamatory statement is presented in the context of stylistic and cinematic choices that reaffirm for the viewer that the series is not an accurate representation of historical fact,” the motion reads.

The court granted Netflix’s requests to drop Harvey’s negligence claims and seek punitive damages. But he upheld the defamation claim, which he found “both legally sufficient and supported by evidence.”

Netflix has appealed the court’s decision and maintains that Harvey’s lawsuit should be dismissed in its entirety.

“We are absolutely delighted with the court’s decision,” said Richard Roth, an attorney representing Harvey.

“We think that Netflix has absolutely no right to say that this is a true story when it is clearly false. (…) They want to appeal, but good luck appealing.”

Krieger observed that the judge in the case seemed particularly convinced by Netflix’s choice to use the phrase “This is a true story,” as opposed to the more common phrase “based on a true story.” This is a notable gap, given that the latter leaves more room for creative freedom.

Learn more:She was the villain in When They See Us. Now she’s suing Ava DuVernay and Netflix

In the world of docudramas, phrasing based on a true story is often used as a get-out-of-jail-free card in cases of defamation claims, Shepard said.

“This disclaimer is important from a legal point of view,” he added, “and it sends a message to viewers that they should not take everything at face value to be true.”

Nicole Page, an entertainment lawyer at the New York law firm RPJ, found the lack of legal cushion around the true story language puzzling.

“I don’t understand,” she said. “I don’t know who made this decision, but it seems pretty risky.”

Learn more:Richard Gadd knew his “baby reindeer” was dark. His life too. No more

Netflix attached a disclaimer to the end of each episode of “Baby Reindeer” explaining that although the series is based on true events, some “characters, names, incidents, locations and dialogue have been fictionalized for purposes dramatic.”

However, viewers should press the “watch credits” button to watch it before Netflix automatically starts the next episode.

“Would a reasonable viewer of ‘Reindeer’ think that the real Martha did these things? Probably yes,” Shepard said. “Falsely accusing someone of being a criminal is a pretty classic example of defamation.”

Learn more:“Baby Reindeer”: Richard Gadd, Jessica Gunning and Nava Mau receive Emmy nominations

Page predicted that if the court rejects Netflix’s appeal, the streamer will try to settle the case – agreeing to pay Harvey a lower sum and possibly changing the ‘true story’ intro to avoid a trial .

If the case were to proceed, Page added, Netflix’s defense would depend on whether the content of the series is “substantially true.”

Learn more:“Honestly, I was terrified at times. Nava Mau soars in “Baby Reindeer.”

Gadd said considerable effort was made to obscure the identity of her real stalker during the making of “Baby Reindeer.” But Harvey’s lawsuit says fans attributed the story to him after discovering that one of his old tweets resembled a key line of dialogue from the show.

The complaint cites a 2014 tweet from user @FionaHarvey2014 who tagged the account @MrRichardGadd and read: “My curtains really need to be hung. » The phrase “hang up your curtains” comes up in several interactions between Donny and Martha in the series.

Harvey has since spoken publicly about her alleged romance with Gadd and accuses Netflix in its lawsuit of doing nothing to fact-check the Scottish performer’s story.

Learn more:Emmys 2024: “Baby Reindeer” has the numbers – and, soon, the Emmys

Krieger speculated that the true story element might have prompted social media sleuths to search for the real Martha.

“It’s fascinating how quickly the Internet was able to locate (Harvey),” Krieger said, adding that the screenwriters might be especially careful in the future to avoid using specific quotes or references that could be attributed to a post on social networks.

“Those are definitely things that can come into play.”

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This story was originally published in the Los Angeles Times.