Netflix shouldn’t have called ‘Baby Reindeer’ a true story, judge says, opening the way for defamation lawsuit

Since then, Harvey has come forward and, in June, launched a $170 million defamation lawsuit against the streamer.

Netflix filed a motion to dismiss.

But on Friday, Judge Gary Klausner denied the motion, saying that Netflix had been wrong to call the show a “true story.”

“Less than two minutes into the first show, the text ‘this is a true story’ appears on screen,” Klausner’s ruling stated.

“Believing the series to be true, viewers immediately got to work trying to identify the real Martha,” it added.

In June, The Sunday Times cited unnamed industry sources as saying Gadd had had reservations about the “true story” billing, but that Netflix went ahead anyway.

Pointing to the article, the judge said this could amount to “actual malice” — a standard of proof needed for defamation cases involving public figures — in which Netflix knew it was not true but went ahead and said so anyway.

The judge also noted that the end credits of each episode also included a disclaimer saying that some elements had been fictionalized “for dramatic purposes.”

The ruling stated that Netflix also argued that a viewer would not assume the story told in “Baby Reindeer” was true because the show uses a number of surreal cinematic effects.

Klausner disagreed with that, too.

These effects “are not so absurd or surreal that as to neutralize the audience’s expectations that they are watching a ‘true story,'” he wrote.

Netflix should also have known that viewers would seek Harvey out, and made no effort to further hide her identity, he added.

While Netflix’s motion to throw out the case was denied, claims from Harvey related to negligence, violation of her publicity rights, and for punitive damages were also denied.

But her claim for intentional infliction of emotional distress will go ahead, which applies to “extreme and outrageous” false statements.

In September, “Baby Reindeer” won four Emmys, including Outstanding Limited or Anthology Series and acting nods for both Gadd and Jessica Gunning, who played Martha.

At a press conference after the award ceremony, Gadd emphasized the good the show had done in highlighting sexual violence against men, saying: “It’s touched the lives of so many people.”