The legal fight over Baby Reindeer is live again, and this time the procedural edge goes to Fiona Harvey. A U.S. appeals court says it lacks jurisdiction over Netflix’s appeal in Harvey’s $170 million defamation lawsuit, which pushes the case back toward a jury trial.
The Ninth Circuit did not rule on the merits of Netflix’s argument. It has asked Netflix to either file a motion to voluntarily dismiss the appeal or file a statement explaining why it should not be dismissed. Netflix declined to comment.
The “true story” label is back at the centre
Harvey, a former Scottish lawyer, sued in 2024 after Baby Reindeer became a global hit and viewers identified her as the real-life counterpart to Martha, the stalker played by Jessica Gunning. She says the series, marketed as a “true story,” portrayed her as a twice-convicted stalker who was sentenced to five years in prison. Harvey has never been convicted of stalking creator Richard Gadd.
In September 2024, U.S. District Judge R. Gary Klausner let the case proceed, finding that Netflix had “made no effort” to fact-check Gadd’s account and failed to hide Harvey’s identity. That ruling turned the show’s factual label into a central legal risk.
- The Ninth Circuit dismissed the appeal for lack of jurisdiction, not on the merits.
- Netflix must move to dismiss the appeal or explain why it should continue.
- Harvey’s $170 million claim can now return to the trial track.
Why it matters for the business
For streaming and true-crime marketers, this is a warning. When a show is sold as a “true story,” courts may treat that label as a factual claim about real people. Netflix’s defence rests partly on the argument that Harvey does not allege a provably false statement and that her reputation was already damaged by earlier reports. The appeals ruling keeps that defence from being resolved quickly.
The commercial scale is just as large as the legal risk. Baby Reindeer has amassed 103 million views since its April 2024 release and won Emmy, BAFTA and Golden Globe honours. A trial would put the factual chain behind a breakout hit under scrutiny, with consequences for how scripted true stories are developed and marketed.
What to watch next
The immediate step is procedural: Netflix can dismiss the appeal or explain why it should not be. Harvey’s attorney, Richard Roth, said Netflix is “doing everything to avoid a trial” and insisted a trial will take place. If the district case resumes, discovery is likely to focus on how “true story” was used in marketing and whether reasonable viewers could take fictional details about Martha as facts about Harvey.
Source: Deadline
