RPJ Partner Nicole Page Featured in L.A. Times Article Discussing “Baby Reindeer” Lawsuit

By Nicole Page

The pilot episode of Netflix’s miniseries “Baby Reindeer” claims to be “a true story,” raising questions about the accuracy of its portrayal of a stalker, based on creator Richard Gadd’s experiences. This has led to a lawsuit from Fiona Harvey, who asserts she inspired the stalker character and accuses Netflix of negligence and defamation, seeking $170 million. Harvey claims the show tells “brutal lies” about her life.

Netflix argues that Gadd’s creation is protected speech and that reasonable viewers would not interpret it as factual. The court has allowed Harvey’s defamation claim to proceed but dismissed other parts of her lawsuit. Legal experts, including Jason Shepard, note that this case could influence how true stories are presented in Hollywood, particularly the significance of disclaimers.

RPJ’s Nicole Page expressed confusion over Netflix’s choice to use the phrase “this is a true story” instead of “based on a true story,” stating, “I don’t understand it. I don’t know who made that decision, but that seems fairly risky.” She added that if the court rejects Netflix’s appeal, the company might settle with Harvey and amend the introductory claim to avoid trial.

The outcome of this case could set important precedents for future productions and their handling of real-life events.

Read the full article here.

Nicole PageThis article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Nicole Page who counsels clients in areas of entertainment, employment and intellectual property. Ms. Page is admitted to practice law in New York and the United States District Courts for the Southern and Eastern Districts of New York.