"... including sending countless emails and social media messages, shoving him in the back of his neck and touching him without his consent. The behavior continued until 2017, when Mr. Gadd was granted a harassment warning notice against Ms. Harvey. But in the Netflix show, the character of Martha is said to have stalked a police officer, sexually assaulted Donny, violently attacked Donny and gouged his eyes, and been convicted of stalking and served five years in prison. None of those details were true of Ms. Harvey, the judge said...."
From
"Based on a True Story, or a True Story? In ‘Baby Reindeer’ Lawsuit, Words Matter. A defamation suit against Netflix boils down to how the company presented its story about Martha Scott, a fictionalization of what the show’s creator has described as a real-life stalking incident" (NYT).
Notably, the words at the beginning of "Baby Reindeer" are "This is a true story," not "Based on a true story."
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17 comments:
That is an enormous oversight for Netflix and I’ll be surprised if they go to trial.
I doubt that Netflix's decision to preface this production with the words "this is a true story" was an oversight at all. It sounds like an editorial decision which would have been preceded by a lot of consideration and "lawyering." I would think that Netflix's top management would have been involved. They knew they were poking a stick in a hornet's nest of craziness.
On the other hand, I have a problem with a lawsuit that says "I was defamed by a story about a woman who didn't have my name, who attacked people who don't exist in real life." It was fiction, Ms. Harvey, every bit of it, including the statement that it was a true story.
nexflix doesn't know what real means.. they REALLY Think that real means what they want to to
It’s a fiction that identifies as a nonfiction. Have some respect.
Here's hoping things get 'real' for Netflix. I think they made a calculation that their lawyers are expensive enough to win the case, but not enough to damage profits.
Given that the series never named Harvey (she outed herself), the fact that Netflix says it's a true story and it's full of things that aren't true of Ms. Harvey should work to undermine her case against Gadd.
The movie Fargo could not be reached for comment.
The stalker's is using the court to make a new power play. Considering that the work didn't identify her, hope the case is tossed.
By claiming it was a true story, Netflix claimed that some real person performed the acts of harassment contained in the show. As the character performing those acts was based on Harvey, she was defamed.
It seems to me to be easy enough to win.... What is a story? If someone accused you of telling stories are they saying you're telling the truth? If I tell you something is a true story than it truly is a story not an account of factual things that happened in real life. Second prove I was taking about you.... You're so vain you probably think this story's about you don't you.
And Gadd is a lying little shit-weasel who deserves a shove in the back of the neck.
"Real story" Robert, not "real names."
"The names have been changed to protect the living." A classic. And a true MN story too.
My comment vaporized, replying to Robert.
Dontcha know
This is not a one-off. Netflix (and other stations) have raised considerable ire with people technically not celebrities who were unwilling to have them pry into their medical tragedies (involving minors) and experiences of crime. It should be very easy to find the facts in police and court records. It's a mystery why they would take such legal risks. Maybe the subjects signed waivers and expected different treatment? Never trust any media, even your local weekly. They are stalkers and abusers.
The Cohen brothers movie Fargo and the TV show based on it (both of which are excellent) begin "This is a true story..."
Fargo doesn't get into trouble over this because... that's a lie. It's completely fictional, so there's no real life person to sue them. "This is a true story" sounds cooler, briefer, more impactful than "Based on", so I wonder if Gadd was influenced by Fargo and didn't think about why there's a reason that shows/movies that actually do take from real life are careful and legalistic with their phrasing, and the show that was just making stuff up got to say it the cool way.
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