Just as Netflix has settled one long-ongoing lawsuit against it for portraying a real person—the prosecutor in the Central Park Five case—it faces another similar suit for a new show.
The When They See Us Suit
As we covered in our blogs at the time, Netflix’s 2019 show When They See Us ignited a firestorm of controversy. The miniseries was directed by the acclaimed Ava DuVernay, who rose to particular prominence directing the film Selma. The Netflix series chronicled the real-life story of the Central Park Five, five teenagers of color who were wrongly convicted of a brutal assault in New York City.
But while it got a lot of praise for its social commentary, the prosecutor who led the case against the teenagers had something different to say. She, Linda Fairstein, sued Netflix for defamation in 2019. Fairstein argued that the show unfairly portrayed her as a “racist, unethical villain” and attributed actions and viewpoints to her that weren’t accurate. She claimed the portrayal damaged her reputation, leading to her being dropped by her literary agent, publisher, and losing public speaking opportunities. Fairstein’s lawsuit sparked debates about artistic license and the portrayal of real people in fictionalized narratives.
Netflix maintained the series was a fair depiction based on extensive research and defended its creative freedom.
Settlement Finally Reached
The company finally settled the case with Fairstein last week. Feinstein got no direct financial compensation. Instead, Netflix agreed to donate $1 million to a nonprofit called the Innocence Project, which works to exonerate people who have been wrongly convicted.
The show already had a disclaimer in the closing credits that told the audience that some characters may have been altered for dramatic purposes. After the defamation suit, Netflix agreed to move this disclaimer to the beginning of each episode. The disclaimer reads: “While the motion picture is inspired by actual events and persons, certain characters, incidents, locations, dialogue, and names are fictionalized for the purposes of dramatization.”
Director DuVernay claimed, “Linda Fairstein decided that she was not willing to face a jury of her peers.” Fairstein said she had mixed feelings about settling but that the decision was “about setting the historical record straight that the villainous caricature invented by the defendants and portrayed on screen was not me.”
But just two days after this defamation suit had finally been settled, Netflix found itself up against another one for a different miniseries.
Baby Reindeer
Last Thursday, a woman named Fiona Harvey filed a complaint against Netflix in a federal court in California. If you’ve been following the social media around the show, you may know that Harvey was the real-world parallel of the antagonist of the new Netflix show Baby Reindeer. Harvey alleged a number of legal wrongs that are often grouped together in cases like hers: defamation, intentional infliction of emotional distress, negligence, gross negligence, and violation of her right of publicity. She says these all came about when Netflix failed to do due diligence in making the show and accuses the company of telling “brutal lies” about her to over 50 million global viewers.
Baby Reindeer was another Netflix original miniseries that premiered just this past April, one that tackles complex themes with dark humor. Writer and comedian Richard Gadd not only created the show, but stars in it as himself. His character navigates a warped relationship with a stalker. As the comedic facade crumbles, Gadd is forced to confront a buried trauma, bringing a deeper psychological layer to the narrative. Baby Reindeer has garnered critical acclaim for its unconventional portrayal of stalking and its exploration of the lasting impact of trauma.
In the show, Gadd plays a character named Donny Dunn, who offers a kind gesture to a customer named Martha. Unfortunately, this small act sparks an unhealthy obsession in Martha, leading her to stalk Donny both online and in person. As the situation escalates, Donny’s dream of stand-up success fades as he grapples with the psychological terror of his stalker. The series also explores a past trauma Donny keeps hidden, adding another layer of complexity to his struggle.
‘The Real Martha’ Sues
Gadd essentially plays a fictional version of himself in Donny Dunn. And Harvey has been identified by the show’s viewers as “the real Martha.” But Harvey claims the real story is nothing like the show portrays. She says that Netflix lied by depicting her as a twice-convicted stalker sentenced to five years in prison and about the fact that she sexually assaulted the character played by Gadd.
She says that Netflix did nothing to confirm the story that Gadd alleged was true. Netflix never investigated whether Harvey was actually convicted, which is a serious misrepresentation of the facts. Netflix did nothing to understand the relationship between her and Harvey. It did not fact-check the alleged stalking or assault. Gadd’s version of the story ruined her life, she claims, and destroyed her reputation. She argues Netflix was guilty of “malfeasance and utterly reckless misconduct” by failing to ensure the accuracy of Gadd’s story. Harvey claims that the production company “told these lies, and never stopped, because it was a better story than the truth, and better stories made money.”
Will They Settle, Too?
Harvey’s also going for Netflix’s deep pockets. In her lawsuit, she’s seeking about $50 million for actual damages, another $50 for compensatory damages (including profits made by Netflix and mental anguish suffered by Harvey), and another $20 or so in punitive damages (to teach Netflix a lesson).
Netflix has not admitted to wrongdoing and doesn’t currently seem inclined to settle, saying instead that it intends to “defend this matter vigorously and to stand by Richard Gadd’s right to tell his story.” But if When They See Us is any indicator, there could be settlements soon to come.
Related Resources:
How to Talk About True Crime Without Getting Sued (FindLaw’s Courtside)
Revisiting the Legality of Password Sharing as Netflix Begins to Crack Down (FindLaw’s Practice of Law)
Lawyers Taking Up a Life of True Crime (FindLaw’s Don’t Judge Me Podcast)
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