Why ‘Baby Reindeer’ and Other Netflix ‘True Story’ Shows Continue to Run into Legal Troubles


“It’s a true story.”

So begins “Baby Reindeer,” and those five words, which appear on a title card, have ignited a firestorm of controversy. Now, Netflix’s runaway hit about an aspiring comedian named Donny Dunn is facing uncomfortable scrutiny for its depiction of thinly veiled real people.

On June 6, Fiona Harvey filed a $170 million lawsuit against Netflix, claiming the series falsely portrayed her as a twice-convicted sexual predator and stalker who was sentenced to five years in prison. (The character is named Martha, but fans identified Harvey as the show’s real-life antagonist days after the April 11 release of “Baby Reindeer,” sparking a torrent of online vitriol against her.) Following (Netflix’s) lies, misdeeds and completely reckless conduct, Harvey’s life had been ruined,” the lawsuit states. In response, Netflix said it supported “Baby Reindeer” creator-writer-star Richard. Gadd, and his “right to tell his story”.

The series, which is poised to become Netflix’s most-streamed show of all time, is also facing questions about whether Gadd engaged in couch antics. Two months before Harvey’s trial, trans actress Reece Lyons posted on X that an anonymous writer for a Netflix show was pursuing her romantically while dangling a role he had written for a trans actress. . As was the case with Harvey, Gadd was quickly identified on social media and in subsequent reporting as the anonymous writer. Neither Netflix nor Gadd have addressed the subject or responded to Varietyrequest for comment.

All of this left some wondering: Where was the oversight for a company with a market cap of $283 billion?

Harvey’s complaint is just the latest aimed at Netflix filed by real people who say they were harmed by the streamer in a reckless and cowardly attempt to gain eyeballs. In March, Netflix’s motion to dismiss a lawsuit filed by Rachel DeLoache Williams, a former Vanity Fair photo editor portrayed harshly in the 2022 series “Inventing Anna,” was denied and is now in the discovery phase. The now-defunct San Francisco company OneTaste, which taught tantric sex for a fee, sued Netflix for defamation over the 2022 documentary “Orgasm Inc.” The case was dismissed but is now under appeal.

Dancer Miranda Derrick says she received a flood of death threats following the May 29 release of Netflix’s “Dancing for the Devil: The 7M TikTok Cult.” The documentary presents her as a brainwashed member of the Shekinah Church. She says this is a one-sided representation.

And the streamer was forced to write a million-dollar check, albeit not for profit, and move a disclaimer from the end credits to the beginning of Ava DuVernay’s 2019 limited series “When They See Us” on the eve of a defamation trial. (In that case, a judge ruled that five scenes involving plaintiff and former New York City prosecutor Linda Fairstein were factually false.)

“It’s not just about Netflix, but Netflix in particular is absolutely playing with the facts,” says attorney Jennifer Bonjean, who represents OneTaste founder Nicole Daedone. “They present these shows as the truth. And they are far from the truth. And people get hurt in the process. »

Martha, played by Jessica Gunning, isn’t the only “Baby Reindeer” character that Internet sleuths have tried to dox. Entire subreddits are dedicated to unmasking Darrien O’Connor, the exploitative TV writer who frames Gadd’s Donny, only to drug and rape his sidekick. Fans began harassing “Peep Show” writer Sam Bain, who they believed to be O’Connor’s model. “Recently I received messages on social media asking if I was ‘Darrien from Baby Reindeer.’ Having not seen the show, these questions seemed innocent; It was only later that I realized they were asking me if I was a rapist, a horrible thought,” Bain says. Variety. “Although I understand that physically I may resemble Tom Goodman-Hill, who plays Darrien, and that there are references to my TV series ‘Peep Show’ in ‘Baby Reindeer,’ since I have never met Richard Gadd, I can categorically and emphatically say I am not the person Darrien is based on. Any suggestion to the contrary is just an internet-fueled lie.

Bain is just one of the people who was hit by shrapnel in the “true story.”

“They are effectively dog-whistling at the online mob and throwing it at whatever unfortunate person they have designated as the bad guy,” said Williams’ lawyer, Alexander Rufus-Isaacs. “And the online mob is vicious, judgmental and has no mercy.”

The consensus within the docudrama/docuseries space is that legal clearances were mishandled for “Baby Reindeer.” Many are also shocked that Netflix has not launched a third-party investigation into Lyons’ claims.

According to her X feed, Lyons told Gadd that she “didn’t think confusing the upcoming audition with dating at the same time was wise.” But Gadd persisted and they went on four dates. Lyons did not land the role, which went to actress Nava Mau.

Reports indicate that “Baby Reindeer” producer Clerkenwell Films investigated and cleared Gadd of any wrongdoing after being informed of Lyons’ messages, and insisted that Gadd did not have the final say in the casting decisions. But those familiar with the production say Gadd micromanaged the casting and fired his CAA agents after they and Netflix aggressively lobbied for Melissa McCarthy to be cast as Martha. (A knowledgeable source says McCarthy met with Gadd about the role but ultimately wasn’t interested.)

Still, some say Netflix is ​​no more likely than other distributors to be the subject of complaints. Nick Soltman of Kinsella Holley, who is representing Meghan Markle in a defamation lawsuit filed by her half-sister over the Netflix documentary series ‘Harry & Meghan,’ says: “I think maybe it has a little less to do with the fact that Netflix is ​​a particularly egregious offender and more, Netflix releases a lot of content as a numbers game, there will simply be more topics represented in a Netflix show or movie due to the sheer volume of Netflix products. .



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