“This is a true story.”
These five words, which open the Netflix series “Baby Reindeer,” have sparked significant controversy. The show, which follows the life of aspiring comedian Donny Dunn, has come under fire for its portrayal of real-life individuals, albeit thinly veiled.
On June 6, Fiona Harvey filed a $170 million lawsuit against Netflix. She claims the series falsely depicts her as a sexual predator and a twice-convicted stalker sentenced to five years in prison. Although the character in the series is named Martha, fans quickly identified Harvey as the real-life counterpart, leading to a wave of online harassment. Harvey’s lawsuit states that Netflix’s actions have ruined her life. In response, Netflix has defended “Baby Reindeer” creator Richard Gadd and his right to tell his story.
The series, which is on track to become Netflix’s most-streamed show, is also facing allegations of casting couch behavior. Two months before Harvey’s lawsuit, trans actress Reece Lyons posted on X that a male writer of a Netflix show pursued her romantically while offering a role written for a trans actress. Social media and news reports quickly identified Gadd as the writer in question. Neither Netflix nor Gadd has commented on the matter.
These issues have raised questions about Netflix’s oversight, especially given its market cap of $283 billion. Harvey’s complaint is just the latest in a series of legal challenges faced by Netflix. In March, a lawsuit filed by Rachel DeLoache Williams, a former Vanity Fair photo editor depicted harshly in the 2022 series “Inventing Anna,” was allowed to proceed. Additionally, the now-defunct company OneTaste sued Netflix for defamation over the 2022 documentary “Orgasm Inc.” Although the case was dismissed, it is currently on appeal.
Miranda Derrick, a dancer, reported receiving death threats following the release of Netflix’s “Dancing for the Devil: The 7M TikTok Cult.” The documentary portrays her as a brainwashed member of the Shekinah Church, a depiction she claims is one-sided.
Netflix was also forced to pay $1 million to a nonprofit and move a disclaimer to the beginning of Ava DuVernay’s 2019 series “When They See Us” to avoid a defamation trial. A judge ruled that five scenes involving former New York City prosecutor Linda Fairstein were factually incorrect.
“Netflix is playing fast and loose with the facts,” says attorney Jennifer Bonjean, who represents OneTaste founder Nicole Daedone. “They present these shows as truth, but they are far from it, and people are getting hurt.”
Jessica Gunning’s portrayal of Martha in “Baby Reindeer” isn’t the only character that internet sleuths have tried to unmask. Subreddits have been dedicated to identifying Darrien O’Connor, a TV writer who drugs and rapes Gadd’s character. Fans began harassing “Peep Show” writer Sam Bain, believing him to be the model for O’Connor. Bain has categorically denied any connection to the character.
“They are effectively setting the online mob on whoever they designate as the bad guy,” says Alexander Rufus-Isaacs, Williams’ attorney. “The online mob is vicious and has no mercy.”
Many in the docudrama space believe that legal clearances were mishandled on “Baby Reindeer.” There is also shock that Netflix didn’t launch a third-party investigation into Lyons’ claims. According to her X thread, Lyons told Gadd that dating while auditioning wasn’t wise, but Gadd persisted, and they went on four dates. Lyons didn’t get the role, which went to actress Nava Mau.
Reports indicate that “Baby Reindeer” producer Clerkenwell Films investigated and cleared Gadd of wrongdoing. However, those familiar with the production say Gadd micromanaged casting and fired his CAA agents after they and Netflix pushed for Melissa McCarthy to be cast as Martha. McCarthy ultimately wasn’t interested.
Some argue that Netflix isn’t more prone to complaints than other distributors. Nick Soltman, representing Meghan Markle in a defamation lawsuit stemming from the Netflix docuseries “Harry & Meghan,” says, “It’s more about the sheer volume of Netflix content. There are just more subjects depicted in Netflix shows or movies.”
Netflix is pushing “Baby Reindeer” for Emmys as a “true story” despite key facts falling apart and its subject suing for defamation. TV Academy voters now have a chance to reject the campaign.
This year, Netflix has a strong contender in “Baby Reindeer” for the outstanding limited series Emmy, as well as acting nominations for Richard Gadd and Jessica Gunning. However, the controversy surrounding the show raises questions about the ethics of presenting real-life stories in such a manner.
