A California court has ruled that the defamation suit filed against Netflix by the woman who inspired the series’ stalker is valid.
This globally successful soap opera features Scottish actor Richard Gadd, who plays himself, that of a bartender in a London pub harassed by “Martha”, a woman twenty years older than him. The comedian first made a show out of it, which he presented as “based on a true story”.
The Netflix series is advertised as “a true story”, which makes it potentially defamatory, according to a decision rendered Friday by a Los Angeles judge. “The very first episode unequivocally states that ‘this is a true story’, thus inviting the public to accept the allegations (shown on screen) as facts,” said the magistrate.
The complainant, Fiona Harvey, had emerged from anonymity after being quickly identified by fans as the real “Martha”. She says she received death threats, suffered from depression and is demanding several million dollars in compensation from Netflix. Contrary to the events recounted in the series, Ms. Harvey emphasizes that she never sexually assaulted the comedian by grabbing him by the testicles, and did not smash a glass bottle on his head before trying to kill him. put out your eyes.
She also specifies that she has never been convicted of harassing a police officer, unlike “Martha”, who is a repeat justice with five years in prison under her belt.
Netflix argued that the events described were “substantially true” and viewers would understand for themselves that there was an element of fiction, since it is a series. The platform recalled that Ms. Harvey was the subject of an investigation for harassment, touched Mr. Gadd’s buttocks and shoved him.
“There is a major difference between harassment and being convicted of harassment by a court,” the judge said. “Similarly, there are big differences between inappropriate touching and sexual assault, as well as between pushing someone and gouging out someone’s eyes.” The events described “may reach the level” of slander and the complaint is therefore valid, according to the magistrate. The presentation adopted by Netflix “suggests a disregard” for the facts, he adds. According to him, the streaming platform “made no effort to verify the accuracy of these statements and representations, or to take other measures to conceal the identity” of Ms. Harvey.
Netflix said it was ready for a legal battle in California. “We intend to vigorously defend ourselves in this matter and defend Richard Gadd’s right to tell his story,” the company said.
