My Little Reindeer: justice authorizes the “real Martha” to sue Netflix for defamation

If My Little Reindeer recently confirmed the success it experienced at the start of the year by winning a slew of Emmy Awardsthe series Netflix is still talked about in the courts.

A Los Angeles judge recently ruled that the series created by Richard Gadd is not a true story, even though that is how it was presented to the millions of Netflix subscribers who saw it. . As a result, the “real Martha” of the story, Fiona Harvey, can continue to sue the streaming platform for defamation.

The fine line between fiction and reality

According to Fiona Harvey, the series My Little Reindeer presents an incorrect version of what really happened between her and Gadd.

While it appears that she did indeed harass Gadd and exceed the limits of what is acceptable in her dealings with him when the latter worked in a London pub, she did not, however, go so far as to attempt to gouging out eyes or sexually assaulting him. She was also not sent to prison for harassment, as is stated in the series.

• Watch the trailer for My Little Reindeer :

As a result, Harvey filed a legal action against Netflix last June for “defamation, intentional infliction of emotional distress, negligence, gross negligence, and violations of publicity rights.”

On Friday, Judge Gary Klausner ruled that although the behavior of the “real Martha” was reprehensible, it was not as reprehensible as that portrayed by the Martha of the series. And that by labeling My Little Reindeer of “true story”, Netflix has led its subscribers to take the representation made in the series as the reality of the facts.

"There is a major difference between harassment and being found guilty of harassment in a court of law," the judge wrote.

“Similarly, there are major differences between inappropriate touching and sexual assault, as well as between shoving and gouging out someone's eyes. Although the plaintiff's alleged actions are reprehensible, the defendants' statements are an even worse degree and could produce a different effect in the mind of the spectator.”

The judge also relied on comments from Gadd dating from June where he declared that he had reservations regarding the addition of the mention “This is a true story” In My Little Reindeerbut that Netflix had requested that she appear in the series. Judge Klausner considers that the streaming giant therefore knowingly decided not to present the show as fiction.

If the judge therefore ruled in favor of Harvey concerning his complaint for defamation and intentional infliction of emotional distress, he nevertheless rejected his request for compensation for negligence and violations of publicity rights.

The case is not over and Netflix will therefore have to continue to defend its position regarding Richard Gadd's series.