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The woman who allegedly inspired Netflix’s hit series Baby Reindeer should be owed an apology from the streaming service, a consultant to Ofcom has claimed.
Fiona Harvey, 58, was quickly tracked down by internet sleuths after the show – which is based around an aspiring comedian’s experience with a stalker – said it was based on a true story.
Ms Harvey is now suing Netflix for $170m (£132m) over the series written by comedian Richard Gadd, 35.
Consultant to Ofcom, Duane Dedman, told the Royal Television Society (RTS) last week: “On Baby Reindeer, the short answer is I have no idea how Netflix can justify saying this is a true story and then at the end of the end credits say something like, some scenes were fictionalised and the characters conflated.
“That’s obviously seen as contradictory and we shall see if the court case in America ever goes to trial or whether they settle out of court.”
While Ms Harvey told the media she believed she was the inspiration for the character, she took umbrage with several details in the show, including the claim that she had been to prison when she had not.
The show seemed to suggest that she sexually assaulted Mr Gadd, which she also says is untrue.
The character of Martha also appeared to share several qualities with Ms Harvey, including the fact she was Scottish, a reported lawyer, and notably older than Mr Gadd’s character.
Ms Harvey, originally from Fyvie in Aberdeenshire, also frequented a London pub where Mr Gadd used to work, The Hawley Arms in Camden.
While she admitted to Piers Morgan that she had met the comedian from Fife on several occasions, she denied many aspects of the show, including the claim that she sent him 41,000 emails.
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In an interview on Piers Morgan Uncensored, she said she believes Mr Gadd got the idea to transform her character into a stalker because she had previously been accused of similar offences, and Mr Gadd was aware of this.
The television consultant added: “Personally, arguably, yes [Netflix owes Ms Harvey an apology] but I guess this will play out in the courts.
“And I guess Netflix are deliberately being tight-lipped about this because perhaps they have a robust case to rebut her claims.
“Now, all I know about Netflix is there are a team of lawyers there, there is a compliance team there, so someone, more than once will have cast their eyes over the script and the final programme.
“I literally can’t second guess as to why they came to that decision, so I don’t want to go there, but I guess this will play out.”
Ms Harvey claims the show’s alleged inability to protect her identity resulted in defamation, negligence, intentional infliction of emotional distress, and violations of the right of publicity.
The case, which was filed by Ms Harvey in a California court last month, remains ongoing.
A Netflix spokesperson said: “We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story.”
The Independent has reached out to Netflix for further comment.
