The Briefing: Based on a (NOT) True Story – The Baby Reindeer Defamation Case

Did Netflix push the boundaries of "based on a true story"? Scott Hervey and Jamie Lincenberg discuss Harvey v. Netflix, the risks of docudramas, and explain how truth and fiction collide in this high-stakes lawsuit on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.   Cases discussed: * Fairstein v. Netflix * Williams v. Netflix * Harvey v. Netflix Show Notes: Scott: It seems like every good docudrama results in a defamation lawsuit. There is the recently settled lawsuit, Fairstein versus Netflix, which is a defamation claim over the portrayal of Linda Fairstein, former New York City prosecutor in the Netflix series, ‘When They See Us.’ Then there's Williams versus Netflix, a defamation lawsuit brought by then Vanity Fair photo editor, Rachel Williams, whose friendship with Anna Delvey is highlighted in the Netflix series, ‘Inventing Anna.’ Then there's the defamation case du jour, and for some reason, the one that seems to have Hollywood's current attention, Fiona Harvey versus Netflix, the defamation case surrounding the Emmy Award-winning series, ‘Baby Reindeer.’ Earlier this month, a California federal court hearing the dispute denied Netflix's anti-slapp motion and allowed the plaintiff's defamation case to go forward. I'm Scott Hervey, a partner with the Entertainment and Media Group at Weintraub Tobin, and today I'm joined by my colleague, Jamie Lincenberg. We We are going to talk about this case and the lessons in the court's opinion for avoiding claims like this on today's episode of The Briefing. Jamie, welcome back. It's good to have you. Jamie: Thanks, Scott. Great to be here again. Scott: Let's get into this, Jamie. Can you give us a little rundown of what happened in this case? Jamie: Absolutely. This lawsuit stems from the Netflix series, Baby Reindeer, if you've seen it, inspired by the real-life experiences of comedian Richard Gad, following his early career as a stand-up comic in Scotland. The series depicts a character named Martha, who is a stalker of Gad's character. Martha is portrayed as a troubled individual, a convicted criminal who spent five years in prison for stalking, a violent individual who sexually assaults Gad in a public setting, and a relentless stalker who harasses Gad at his home and workplace. Scott: Jamie, have you seen this Have you seen Baby Reindeer yet? Jamie: I have. Scott: Okay. I haven't. So Jamie, it's on my list to watch, but feel free to add color commentary as we're going through. So Fiona Harvey, she's the plaintiff in this case. She claims that the The character of Martha is clearly based on her and that these portrayals are entirely false and defamatory. Harvey asserts that this serious portrayal of Martha goes far beyond the actual events and fabricates serious criminal acts she never committed. This, she argues, has caused severe damage to her reputation and her emotional well-being, which led her to file this lawsuit against Netflix for defamation and other claims. Jamie: Netflix fired back with two key legal endeavors. First, they filed a special motion to strike, also known as an anti-slap motion, aiming to have the entire case dismissed. Second, they filed a motion to dismiss, seeking to to go out the individual claims that Harvey brought against them. Scott: We're going to focus on the anti-slap motion and Harvey's defamation claim here. And by the way, those were... Her defamation claim was the only claim that actually survived.