Netflix Inc.’s NFLX hit series “Baby Reindeer” could face potential legal action. According to Piers Morgan, this could be a “big problem” for the streaming platform, Richard Gadd, former comedian on whom the series is based and Clerkenwell Films, the producers.
What Happened: Gadd has been accused of defaming a real-life individual, Fiona Harvey, who claims to be the inspiration for a character in the show. Harvey has stated her intention to take legal action against Gadd and possibly Netflix, although no formal claims have been filed yet, reported Variety.
“Baby Reindeer” provides a stark portrayal of Richard Gadd’s experiences in his twenties as he pursued success in the entertainment industry. Along the way, he becomes a victim of sexual assault by a prominent figure in the comedy scene and faces harassment from a stalker he encountered during his time working at a pub.
Harvey, who asserts herself as the real stalker, has denied the allegations in an interview done earlier this month with Morgan. She admitted sending him emails but denied stalking him.
“It will take some time to gather all of the evidence and prepare a legal claim, but that process is well underway,” said U.K. lawyer Chris Daw KC, who is not yet officially representing Harvey in a legal capacity. “We are actively considering defamation, image rights and all other potential claims, arising from the use of Fiona's image in ‘Baby Reindeer.'”
Morgan spoke with BBC’s Laura Kuenssberg about the issue and said that issues with “Baby Reindeer” is “a big problem for Netflix, Richard Gadd and Clerkenwell Films.” He criticized the series for labeling it as a true story, especially after Harvey told him that she hadn’t been convicted of stalking and denied stalking Gadd.
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Why It Matters: The potential legal battle comes at a time when “Baby Reindeer” has been a major success for Netflix. The series has been a top 10 most watched TV show on Netflix in the U.S.
Legal experts have weighed in on the potential case, with Callum Galbraith, head of media disputes at Hamlins, stating that if he had a client in Harvey's position, “You'd immediately be thinking about whether there is a possible libel action that can be brought on the basis that the allegations are untrue and are defamatory insofar as they lower her reputation in the eyes of what other people would think.”
However, the truth is a defense, and if the producers can show that the allegations are substantively correct, they would prevail.
Another potential claim is an invasion of privacy under the Human Rights Act and Data Protection Act. To succeed, Harvey would have to show that her “reasonable expectation of privacy” was infringed and that her privacy right outweighed Netflix’s interest in telling Gadd’s story.
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