Judge allows lawsuit against Netflix for false portrayal in "Baby Reindeer"

Judge dismisses some of the claims but allows the lawsuit to proceed on grounds of infliction of emotional distress.

Netflix is facing a defamation lawsuit over its series "Baby Reindeer," with a woman claiming the show falsely portrayed her as a convicted criminal who sexually assaulted and gouged the eyes of the show's creator.

The woman, identified as Fiona Harvey, filed the lawsuit against Netflix and the show's creator, Richard Gadd. She alleges that the series falsely implied that she was imprisoned for stalking and harassing Gadd, and that she had sexually assaulted him and gouged his eyes.

Netflix initially filed a motion to dismiss the lawsuit, arguing that the show was a fictionalized account and not intended to be a true story. However, the judge overseeing the case ruled in favor of Harvey, allowing her to proceed with the defamation lawsuit.

The judge found that while Harvey's actions were reprehensible, the show's portrayal of her actions was even worse. The judge stated that the show's depiction of Harvey's actions could produce a different effect in the mind of a viewer and may rise to the level of extreme and outrageous conduct.

While Harvey's claims for negligence, violation of her publicity rights, and punitive damages were dismissed, the judge allowed her to pursue the claim of intentional infliction of emotional distress. This means that Harvey must prove that Netflix's actions were extreme and outrageous, and that they caused her to suffer severe emotional distress.

The lawsuit is expected to proceed to trial, where a jury will decide whether Netflix is liable for defamation and the amount of damages Harvey is entitled to. This case could have significant implications for the streaming industry and the legal standards for portraying real individuals in fictional works.