“Baby Reindeer” Deemed Potentially Libelous, Clearing Way for Real-Life Martha to Take Netflix Toward Trial

Fiona Harvey wins a ruling that viewers could understand the series to be an entirely “true story” that hurts her reputation

A judge has determined that Baby Reindeer could be understood by viewers to be a “true story” — allowing Fiona Harvey’s defamation lawsuit against the series and streaming network to move forward.

In a judicial order obtained by PEOPLE, a court has disagreed with Netflix’s claim that the show created by Richard Gadd is fictional in many of its details, despite written text on-screen at the beginning of the series that reads, “This is a true story.”

The determination was made following Harvey’s lawsuit over the implications of her actions, as portrayed by the character Martha on the show. The result is that the judge has allowed most claims of the lawsuit to proceed forward toward trial.

In his order, Judge Gary Klausner compared Gadd’s experience with Harvey to Martha's actions in the series, stating that “there is a major difference between stalking and being convicted of stalking in a court of law,” “inappropriate touching and sexual assault” and “shoving and gouging."

Harvey alleges in the lawsuit that the portrayal of obsessive stalker Martha on the show is defamatory in relation to her encounters with Gadd, 35.

Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer​​, from celebrity news to compelling human interest stories.

Related: Baby Reindeer's Richard Gadd Claims Show Is Not About Fiona Harvey: She 'Identified Herself to the Press as Martha'

In Baby Reindeer, Gadd plays a version of himself named Donny Dunn. Though he says he changed some events “slightly to create dramatic climaxes,” he told The Guardian in April 2024 that the story is resoundingly true.

“It’s very emotionally true, obviously: I was severely stalked and severely abused,” he said. “But we wanted it to exist in the sphere of art, as well as protect the people it’s based on.”

Netflix asked in July for the lawsuit to be thrown out with Gadd’s support, as he maintained that Harvey did stalk and abuse him. He also clarified that the show depicted his personal experiences, though parts of the story were "fictionalized."

At the time, Netflix argued that “a reasonable person would not understand the statements [regarding Harvey] to be assertions of fact” and that “a reasonable person would understand from context that the elements are not factual” due to the “cinematic event elements” used in the series.

The judge, however, disagreed and stated that the events portrayed “would be interpreted as assertions of fact.”

Klausner wrote, “The very first episode states unequivocally that ‘this is a true story,’ thereby inviting the audience to accept the statements as fact.”

Related: Baby Reindeer's Real-Life 'Martha' Files $170 Million Lawsuit Against Netflix for Her Portrayal on the Show

Harvey filed the defamation lawsuit on June 6, asking for over $170 million in damages after she claimed she was harassed following the show. She also vehemently denied sexually assaulting Gadd and being a convicted stalker, stories of which were portrayed in the limited series.

In a 20-page declaration supporting Netflix’s effort in July to have the case dismissed, Gadd stated that he first met Harvey while working at a pub and that she “subsequently stalked and harassed me throughout 2014–2017.”

Gadd alleged in his court filing that Harvey touched him in “sexual” ways that were unwanted and claimed that she got hold of his personal information and contacted him “relentlessly,” sending him “thousands” of emails, voicemails and handwritten letters, including “sexually explicit, violent, and derogatory content, hateful speech, and threats.”

He also alleged that he grew “fearful” of Harvey as her stalking continued and eventually contacted the police to pursue legal action when her messages grew more sexually explicit.

Gadd added in the filing that Harvey was the one who “identified herself to the press as Martha,” following the airing of the show.

If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.

For more People news, make sure to sign up for our newsletter!

Read the original article on People.