The ‘Baby Reindeer’ case against Netflix could hinge on one line: ‘This is a true story’

Richard Gadd as Donny Dunn and Jessica Gunning as Martha Scott in Netflix’s “Baby Reindeer.” The pilot episode of Netflix’s hit miniseries “Baby Reindeer” presents viewers with the following message: “This is a true story.” But how much of “Baby Reindeer” creator Richard Gadd’s fictionalized retelling of a life-altering encounter with a serial stalker is actually true? John L. Krieger, an intellectual property attorney at Las Vegas law firm Dickinson Wright, said that the “Baby Reindeer” case could influence producers and studios to be “more cognizant about making sure that there’s no allegation that something truly is 100% accurate.” Adapted from Gadd’s one-man show of the same name, “Baby Reindeer” stars Gadd as a struggling stand-up comedian whose life begins to unravel after a woman named Martha Scott develops an unsettling obsession with him. “Defendants told these lies, and never stopped, because it was a better story than the truth,” the lawsuit reads, “and better stories made money.” In a statement, Netflix vowed to “defend this matter vigorously” and “stand by Richard Gadd’s right to tell his story.” The streamer filed a motion in July to dismiss Harvey’s complaint on the grounds that Gadd’s creation is a form of protected speech and that “no reasonable viewer could understand ‘Baby Reindeer’ as making statements of fact about Harvey,” among other factors. Should the case proceed, Page added, Netflix’s defense will depend on whether the content in the series is “substantially true.” Gadd has said that a considerable effort was made to obscure the identity of his real stalker when making “Baby Reindeer.” But Harvey’s lawsuit states that fans pinned the story on her after discovering that one of her old tweets resembled a key line of dialogue from the show.