Richard Gadd Says He “Could and Would” Testify in the ‘Baby Reindeer’ Lawsuit Against Netflix
Richard Gadd, creator and star of Netflix’s Emmy-nominated series Baby Reindeer, is prepared to testify for Netflix in the streamer’s $170 million lawsuit against the “real-life” Martha Scott.
The actor is not named as a defendant in the suit brought against Netflix by Scotswoman Fiona Harvey, but has backed getting the legal action dismissed in a declaration filed on Monday.
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Audiences were gripped by the story of Donny, an amateur comedian played by Gadd in the Netflix series, who, over the course of several years, is harassed, stalked and sent over 41,000 emails, 744 tweets, 100 pages of letters and 350 hours of voicemails by a woman he serves at a London pub. Martha, who had already served a four-and-a-half-year jail term for a previous stalking conviction in Baby Reindeer, is eventually jailed for nine months after threatening and sexually harassing Gadd. The actor plays himself in the show, based on his hit play of the same name that debuted on London’s West End. “This is a true story,” says a title card in the very first episode.
Viewers were quick to find the “real” Martha on social media. Harvey had been found to have sent Gadd tweets, dating back years, about how she wanted him to “hang her curtains,” the very same term used in Baby Reindeer. “I have no doubt that the character of ‘Martha’ in Baby Reindeer was intended to be a portrayal of me,” Harvey said in a statement obtained by The Hollywood Reporter via her lawyer. “The problem for Richard Gadd and now for Netflix is that Baby Reindeer is not a true story at all. I am not a ‘convicted stalker.’ I have never been charged with any crime. … Nobody ever approached me for any comment on the accuracy of Baby Reindeer or the very serious and damaging allegation that I am a convicted criminal, with a serious criminal record, who has spent time in prison. Nobody ever asked for my permission to present me in this way or to use my image at all.”
Now, Gadd has addressed the suit in a 21-page legal declaration. “I am a comedian, writer, and actor. I created, wrote and starred in the Netflix series Baby Reindeer (the “series”). I have personal knowledge of the facts set forth below and, if called as a witness, could and would testify competently thereto. I submit this declaration in support of defendants Netflix, Inc., and Netflix Worldwide Entertainment, LLC’s special motion to strike,” he says.
Gadd notes that Baby Reindeer is about “my personal struggles with my sexual identity and experiences with sexual abuse, harassment.” But, he adds the critical part, “the series is a dramatic work. It is not a documentary or an attempt at realism. While the series is based on my life and real-life events and is, at its core, emotionally true, it is not a beat-by-beat recounting of the events and emotions I experienced as they transpired. It is fictionalized and is not intended to portray actual facts.”
The Scotsman goes on to talk about his own experience with Harvey, whom he met at The Hawley Arms pub in 2014. He describes Harvey as “handsy” toward him, as he tried to avoid physical contact when she repeatedly turned up at the venue after memorizing his shift pattern. He discusses Harvey becoming “increasingly hostile” toward him over the years, sending him “thousands of emails, hundreds of voicemails and a number of handwritten letters. These communications often included sexually explicit, violent and derogatory content as well as hateful speech and threats.”
A string of emails or “exhibits” sent to Gadd from Harvey are also supplied in the document. He describes going to the police about her behavior a number of times and says her alleged harassment “plagued” his life. “I continually changed my daily routines to try to avoid her and would not spend time in parts of London I knew Harvey frequented (indeed I am still apprehensive about going to certain parts of London because of her),” Gadd says. The star never addresses the fact that some of Harvey’s main assertions are that she did not serve jail time for stalking and was never convicted of stalking.
In his first interview since the lawsuit was filed, Richard Roth, Harvey’s New York-based attorney, told The Hollywood Reporter that he looks forward to “cross-examining” Gadd and Netflix on the claims made in the show. “I do believe that Netflix should be ashamed of itself,” Roth said. “There’s only one truth, but when Netflix says this is a true story, that’s rubbish. This isn’t a true story. And I think if Netflix is going to say this is a true story, then they have an obligation to make it a true story.” Netflix said at the time of Roth’s interview: “We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story.”
On Tuesday, Roth said in a statement to THR about the filed declaration: “Netflix’s motion ties itself in knots. First, Netflix and Richard Gadd indisputably admit Baby Reindeer is not a true story — conceding the very essence of Ms. Harvey’s claims. After asserting — under oath — that ‘Martha’ is not Fiona Harvey, it then engages in more attacks of Ms. Harvey, allegations that are irrelevant and have nothing to do with the litigation or the ‘true story’ of Baby Reindeer. Meanwhile, Richard Gadd continues to hide from the press.”
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