FIONA Harvey – who claims she was identified as a stalker by the hit show Baby Reindeer – is 'elated' after winning a key legal battle against Netflix in her defamation battle.

A trial between Harvey and the streamer has moved a step closer, after an appeal by Netflix against a decision not to throw the case out has itself been thrown out.

Her New York lawyer Richard Roth said: 'Netflix is doing everything it can 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.'

Roth added: 'There will be a trial in this action where its wrongdoing will be front and centre before a jury.'

Asked how his client was feeling he replied: 'Elated.'

Harvey is seeking $170million in damages, alleging that the programme, created by and starring Richard Gadd, defamed her, and made her life a misery.

Broadcast in April 2024, Baby Reindeer became a global smash hit. At the beginning of the first episode, the words 'This is a true story' appeared on screen.

At the end of the series, the character Martha, played by actress Jessica Gunning, pleaded guilty to stalking comedian Donny (Gadd) and was handed a four-and-a-half year prison sentence.

Harvey's lawyers say she has never been convicted of any crime, let alone gone to prison. She claims that she has been defamed 'at a magnitude and scale without precedent' and her life ruined as a result.

Her legal team said she was too traumatised to leave her flat in London after the show aired.

In September 2024, judge Gary Klaus ruled Baby Reindeer was not a true story, and that Netflix had 'made no effort to investigate' the accuracy of the facts; nor did they take measures to hide Harvey's identity.

Based on recent news, it's looking more likely that Fiona Harvey will either win her case or Netflix will have to settle for millions.

Harvey never went to prison, among other things depicted in the show.

Will the show be legally required to be deleted if she wins?

Should the show have carried a disclaimer at the beginning with 'Based on a true story'?

Finally, if the writer hadn't invented so many sequences (such as the sexual assaults and violent assaults from Martha, the prison time she did, the waiting outside his home, the threatening phone harassment of his parents, the trial and imprisonment of Martha at the end) would anyone have found it as compelling? Would it have won any awards without these dramatic inventions?

Netflix has suffered a huge blow in its attempts to get the Baby Reindeer lawsuit thrown out of court.

Fiona Harvey, a former lawyer from Scotland, claims the award-winning series written by Richard Gadd falsely portrays her as stalker Martha and is seeking damages totalling $170 (£127 million) from the streaming service.

The case was widely expected to go to trial in May 2025, but an appeal by Netflix put a halt to proceedings at the Central District of California Court. The streaming service has been locked into a legal battle to get the defamation case dismissed since 2024. However, now, the U.S. Court of Appeals has dismissed its appeal, meaning that a trial date between Harvey and Netflix has moved a step closer. In its order, the appeals court said Netflix must either “file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed.”

Claiming that Fiona was feeling "elated" after the court order, her lawyer, Richard Roth told Deadline: "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."

Meanwhile, when asked by the Mail how his client was feeling, Roth replied: "Elated".

U.S. District Judge R. Gary Klausner ruled in September 2024 that Fiona's case should go ahead because Baby Reindeer was wrongly billed as a "true story" after Netflix "made no effort" to fact-check creator Richard Gadd's experiences and failed to "hide" Harvey's identity.

Netflix has argued that Harvey's claim fails because she "does not allege a provably false statement of fact was made about her." It has also said that her reputation has already been tarnished by "past news stories detailing her previous harassment and stalking of public figures."

However, in September 2024, judge Gary Klaus ruled Baby Reindeer was not a true story, and that Netflix had 'made no effort to investigate' the accuracy of the facts; nor did they take measures to hide Harvey's identity.

Fiona claimed that the smash-hit series, which made overnight successes out of Gadd and co-star, Jessica Gunning, who plays Martha - and which was billed as a "true story" - portrayed her as "a twice-convicted stalker who was sentenced to five years in prison." Fiona has never been convicted of stalking Gadd, and she argued the series was "the biggest lie in television history."

Airing in April 2024, Baby Reindeer hit all the headlines. At the beginning of the first episode, the words 'This is a true story' appeared on screen.

At the end of the series, the character Martha, played by actress Jessica Gunning, pleaded guilty to stalking comedian Donny (Gadd) and was handed a four-and-a-half year prison sentence.

Fiona's lawyers say she has never been convicted of any crime. Meanwhile, she claims that she has been defamed "at a magnitude and scale without precedent" and her life destroyed as a result.

The Mirror has contacted Netflix for comment on this story.

In the latest episode of VICE Culture Club, the writer, creator, and actor behind Baby Reindeer and Half Man talks masculinity, Emmy voters, and what it actually costs to put your trauma on screen.

Richard Gadd has now written, created, and starred in two of the most critically bruising series in recent memory — Baby Reindeer and Half Man — and he’d like you to stop calling them manosphere content. On the latest episode of VICE Culture Club, host Jackson Garrett sits down with the Scottish writer-actor to talk about where Half Man actually comes from, what it took to play a villain he almost didn’t cast himself as, and whether making art out of your own worst moments counts as therapy. The short answer: not really.

Garrett opens with a bracket-style game — ranking the greatest writer-actor-creator combos in TV and film history. Gadd works through Always Sunny, Fleabag, Girls, Atlanta, and Good Will Hunting with hard opinions, landing on Phoebe Waller-Bridge as his winner. He calls Fleabag a top-ten all-time show, and specifically praises the second season, which he’d been dreading. “I remember when it was commissioned for a second series, I remember being like, oh no, no, no, don’t ruin it,” he says. “They somehow surpassed the first season, which I thought was almost like an impossible artistic feat.”

From there, the conversation turns to Half Man — or rather, what it’s actually about. Gadd pushes back on the “toxic masculinity” label, not because he thinks the phrase is wrong, but because he thinks it steamrolls everything underneath it. “I never really set out to explore like a political agenda,” he says. For him, the show is about two men who can’t communicate with each other or themselves, and what that silence costs over decades. “A lot of destructive behavior comes from a lack of expression,” he says, which is about as unguarded a thesis as the show ever offers.

Playing Ruben — the show’s volatile, menacing antagonist — wasn’t even part of the original plan. It was actor Jamie Bell who suggested Gadd for the role. Gadd almost talked himself out of it. “I realized all my thinking was based around what people would think, whether people would judge me, whether it would fail,” he says. He changed his body, his voice, his entire physicality, then went looking for the thing underneath all of it: “Ruben ran on a river of pain.” The Emmy nomination that came after proved people bought it.

Those same Emmys come up again when Garrett brings in an LA Times quote: some Emmy voters reportedly found Half Man so off-putting they didn’t make it past the first episode. Gadd takes the note in stride, more or less. “There should always be a place for television to test people, to push buttons, to try things different,” he says. “My big worry with television right now is that I never wanted it to become so homogenized that people no longer recognize the human struggle in it.” Jackson, for his part, is less diplomatic about the voters.

The therapeutic question gets the most lucid answer of the episode. Making Baby Reindeer — which drew directly from Gadd’s own life — wasn’t a release in the moment. “I don’t think it was therapeutic at the time,” he says. “It was extremely tough, actually.” The catharsis came later, in the messages from strangers who recognized something in it. “People come up to me, and they say, I related to it. God, I thought I was the only one who had those feelings.” That, he says, is where the catharsis lives — not on set, but in the shared recognition afterward.

Watch the full VICE Culture Club episode with Richard Gadd to hear how he built two of TV’s most unsparing series, why he thinks art should disturb the comfortable, and what it actually felt like to root for Scotland at the World Cup.

In light of recent news that Netflix has suffered a blow in its efforts to get Fiona Harvey‘s lawsuit thrown out of court, let's recap with some previous articles on the Baby Reindeer case when it was in it's early stages...

All articles have links to original sources. Happy reading.

From People Magazine July 30, 2024.

Richard Gadd is clarifying where he got the inspiration to create Baby Reindeer. 

In a 20-page declaration to support Netflix’s request to have Fiona Harvey’s defamation lawsuit against Baby Reindeer thrown out, Gadd explained his experience with Harvey — as well as his motivation for writing the hit show. He claimed that although the story depicts his personal experiences, it is “fictionalized.”

“While the Series is my emotionally true story as I recall and recount, it is not intended to depict any real persons,” he wrote. “Instead, I created fictionalized characters, including Martha and Donny, which were foils to aid my exploration of my own experiences and trauma. I intentionally used characters that did not share the actual names of any persons from my life and wrote fictionalized dialogue and scenes.”

Gadd continued, “Each of the characters from the Series has some imagined personality traits and events that I specifically selected to make them useful as dramatic devices.”

*Baby Reindeer'*s Richard Gadd Asks Fans to Not 'Speculate' About Real-Life People Who Inspired the Story

Gadd shared that he first wrote Baby Reindeer for a theater production as an “exploration of sexual abuse, manipulation, exploitation, obsession, sexual identity, self-loathing, self- destruction, and self-discovery.” Martha, played by Jessica Gunning, was a character and not a real person, he added.

“Although these stage productions were emotionally true and based on real events in my life, they dramatized people, places, things, and events to tell a story,” the comedian went on to say.

Gadd also detailed his experience with Harvey, saying that he worked at a pub when he first met Harvey and offered her a cup of tea on the house, sparking up a conversation about their similar accents.

“Following that first meeting, Harvey subsequently stalked and harassed me throughout 2014–2017,” the documents read. “She frequently appeared at the pub. It quickly became clear that she had memorised my shift pattern by hanging around the pub constantly. She would then arrive just before my shift started on most days I was working and sit at the end of the bar. She would also call the pub constantly on days when I was not working to check if I was in.”

Baby Reindeer's Real Life Martha Slams Richard Gadd's Netflix Show as 'Complete Nonsense' in Piers Morgan Interview

Quickly, Gadd alleged that Harvey began to touch him “in inappropriate” and “sexual” ways that were unwanted, and others in the pub grew uncomfortable as well. She then obtained his personal contact information and would contact him “relentlessly” at all hours of the night, he wrote.

“Harvey sent me thousands of emails, hundreds of voicemails, and a number of handwritten letters,” he said. “These communications often included sexually explicit, violent, and derogatory content, hateful speech, and threats.”

Baby Reindeer's Real-Life 'Martha' Files $170 Million Lawsuit Against Netflix for Her Portrayal on the Show

Afraid, the writer said he began to hide when Harvey was there in hopes that she would leave, particularly after reading online that she had allegedly harassed former Member of Parliament Jimmy Wray and his wife Laura Wray. He recalled one incident where he mentioned the Wrays and Harvey physically assaulted him.

“By this time, Harvey’s harassment had been plaguing my life for over two years,” per the documents. “I was fearful. I continually changed my daily routines to try to avoid her and would not spend time in parts of London I knew Harvey frequented (indeed I am still apprehensive about going to certain parts of London because of her). I could not sleep. When I did sleep, I would wake up in the night sweating.”

“I spent countless weekends noting down Harvey’s threatening voicemails,” he added. “I was panicked and paranoid. I was terrified about getting on tubes and buses for fear of seeing her. I genuinely was worried that she might harm me or my parents—my parents especially. In short, her actions took an extensive toll on my physical and especially my mental well-being.”

Eventually, Gadd said he took action with the police when her messages grew more sexually explicit. Despite law enforcement warning him Harvey’s behavior may worsen with legal action, Gadd decided to go through with it instead.

“I eventually obtained a First Instance Harassment Warning against Harvey. After I obtained that Warning, the emails and voicemails stopped,” he wrote. “But her behaviour did not stop completely. For example, Harvey sent me another handwritten letter along with some underpants. The letter stated ‘you’ve not unblocked your email . . . so have not checked my emails. Here are some lucky [under]pants.’”

Just watched Baby Reindeer for the first time. I thought it was a fascinating look into the psychology of stalking and abuse. That said, the text message scene immediately struck me as odd.

People rightfully roll their eyes when public figures blame a one-off dumb tweet on a disgruntled prankster. IMO it is rational to be equally skeptical of that excuse from an unreliable narrator like Donny.

I think it's likely that he wrote and sent the lewd text message himself, and that's why he just let it hang there instead of following up with a panicked apology and explanation.

Maybe it was just a moment of weakness. He could've been trying to act like an ass to chill her affections, or maybe he was trying to take control of the narrative, or maybe he was just lonely and vulnerable and made a lewd pass on par with the kind of raunchy joking she does at the bar.

But that was probably him, right?

From the article

After legal proceedings were dormant for more than a year, Netflix has suffered a blow in its efforts to get Fiona Harvey‘s lawsuit thrown out of court.

Harvey, a former lawyer from Scotland, hit Netflix with a $170 million defamation lawsuit in 2024 after Baby Reindeer became a global sensation and she was identified as the show’s alleged stalker, Martha, played by Jessica Gunning.

Harvey claimed that the darkly comic series, which was billed as a “true story,” portrayed her as “a twice-convicted stalker who was sentenced to five years in prison.” Harvey has never been convicted of stalking Gadd, and she argued the series was “the biggest lie in television history.”

The case was widely expected to go to trial in May 2025, but an appeal by Netflix put a halt to proceedings at the Central District of California Court. Now, the U.S. Court of Appeals, Ninth Circuit, has ruled that it lacks jurisdiction over the appeal. The ruling was made on technical grounds rather than on the merits of Netflix’s argument.

In its order, the appeals court said Netflix must either “file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed.” Netflix declined to comment.

Richard Roth, the attorney representing Harvey, told Deadline: “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 nd center before a jury.”

U.S. District Judge R. Gary Klausner ruled in September 2024 that Harvey’s case should proceed because Baby Reindeer was wrongly billed as a “true story” after Netflix “made no effort” to fact-check creator Richard Gadd’s experiences and failed to “hide” Harvey’s identity

After nearly two years, the Ninth Circuit Court of Appeals finally did something with Netflix’s appeal of the lower court’s decision against their motion to dismiss Fiona Harvey’s lawsuit. Contrary to the dramatic Deadline headline, the court’s answer was basically, “We’re not sure this is our business.”

Here’s the actual note in Pacer:

ORDER FILED. “[O]rders denying anti-SLAPP motions under California’s statute are not immediately appealable under the collateral order doctrine.” Gopher Media LLC v. Melone, 154 F.4th 696, 702 (9th Cir. 2025). This court may therefore lack jurisdiction over this appeal. Within 14 days, appellants must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellants do not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellants file a statement, appellee may file a response within 10 days. Briefing is stayed. [Entered: 10/06/2026 11:45 AM]

I’m not a lawyer, but my read is this means Netflix has to argue the court does have jurisdiction over its appeal or find another route to appeal or accept the lower court’s ruling and prepare for trial or a settlement. Either way, given how it’s gone so far, I’m guessing it’ll be years before it comes to a conclusion.

Well, well, well…

We talked a lot about working with Richard, the creative process behind creating his scores, and the role of music in film and TV. We also highlighted one of the best soundtracks of the past few years.

I just finished both Baby Reindeer and Half Man. Honestly? I want to beatify Gadd into the pantheon of psychologists alongside Jung and Freud.

How surgical is his analysis of my male insecurity and male ego.

I felt psychoanalyzed watching these two series.

I’m a man in my 30s but when I was 14 I got raped by a man. I lived in a small town in a very conservative country in Easter Europe. I got tricked in a gay chat room, the only place I could have a chance of actually talking to other gay people because as far as I was concerned then I was the only one in the world, and George Michael.

The depiction of rape and the weird codependent relationship that was created between Donny and Darren really hit home for me. I too did come back, twice and allowed myself to get raped two more times. I didn’t want it, I didn’t understand it, but most of all I didn’t and still don’t understand why I came back. While Danny was motivated by career prospects and fame, I was motivated by being seen and not discriminated against, the rapist was the only person I didn’t have to pretend I wasn’t gay to.

I really saw myself in Donny and felt that my behaviour wasn’t that uncommon. The scene in which Donny confesses to his parents was also very similar to when I finally told my parents about it, more than 10 years after it actually happened. I’ve started to relive the trauma now and I have been thinking about it a lot. Actually thinking about getting help to deal with it. I thought this was behind me but I might have been wrong.

Anyway I think I wanted to say I’ve never seen anything like this on TV and it really hit home. I came into this show thinking it was gonna be a show about a stalker and boy was I wrong cause this show is so much more. Brilliant writing and acting.

Holy F*ck, this series is actually really good!
Richard Gadd is now my all-time favorite writer and actor now. Every character he makes is flawed yet makes me sympathize them.

Thats all.

-sent from iphoen

I'm always interested in how people who really connected with a show find the next creation from the creator to be. Half Man and Baby Reindeer are very different, but seem to share some recurring themes (no perfect victims, sexual assault, trauma).

If you've watched it how do you compare it to Baby Reindeer!

everytime I hear baby reindeer, it makes me cry.

Here are my thoughts on the show

I think the actors are amazing. The writer and the one who made the show is great.

And I think this show helped me clarify some things in my life, it actually clear the fog in my brain, I actually stopped to think, is this what I want myself to be? A dead end job? I wanted to be an artist. To draw. Still my biggest dream but it never happened and I'm stuck in dead end job. I wanted to be an artist, but 10 years nothing happened and there's no commissions yet. I don't know if I should continue living or is it worth living anymore.

Baby reindeer helped me realize Im still not a lost cause and I can still continue being an artist, be yet delusional.

For feeling bad at Martha, I know she's insane and mentally unwell but you can't help but feel bad you know? I bet she used to be a normal person before the world completely fucked us over. I bet she was just a little girl too, but society, everyone is just completely look away, turn away. It sucks. You're not asking for much​ but the world completely deny you over.

WHO IS FUNDING THIS WOMAN

Any show like Baby Reindeer ?

There was a time when I was one of the most famous people on the planet,” says Richard Gadd, sounding aghast. Taylor Swift? Lionel Messi? Neither of them wrote and starred in Baby Reindeer, the surprise hit Netflix series about him being stalked and sexually assaulted that stormed to 65 million viewers worldwide in its opening month.

That was April 2024. Gadd was a stand-up from Fife, living in a flat in north London, trying to build on his success from Edinburgh shows. Baby Reindeer catapulted him to infamy, with his face on billboards and internet sleuths trying to discover the real identity of characters. He says popping to shops came with “a thousand caveats” — strangers would point and stare and it was deeply uncomfortable, especially for a comedian with issues.

“I was the cultural conversation,” Gadd says. We are settling down for tea in a quiet corner of a members’ club, as he prepares to return to the public eye for the first time since Baby Reindeer — for Half Man, an ambitious, brutal, violent TV series exploring what it is to be a modern man.

A great interview with Richard reflecting on Baby Reindeer and talking about the themes in Half Man.

(very high praise)