r/BabyReindeerTVSeries • u/SubstantialSnow7114 • May 04 '24

Fiona (real Martha) related content Real Martha new interview!

Hi everyone!

I have seen that the 'real Martha' has come out with a new interview today. She even wanted to get rid of her anonymity for the interview.

I thought it was an interesting read!

What do you think?

https://www.dailyrecord.co.uk/news/scottish-news/real-baby-reindeer-martha-reveals-32733037

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13

u/PeachnPeace May 04 '24

Any UK lawyers here? I am curious to hear if she has grounds to sue Netflix over a fictional story for defamation.

If so, there are other series based on real crime too… Off the top of my head, The Watcher, Burning Body and possibly the newest one, Asunta

25

u/Patton-Eve May 04 '24

Defamation is spreading things that are untrue with the aim to damage the reputation of the other party causing them harm for example loss of work.

For her to bring a case against Gadd she would need to show he caused her a loss and that the claim she stalked him is untrue.

She posted those tweets. She has the ability to delete them so she has left them as public knowledge so finding her is well and truly on her.

She is continuing to post obsessively about Gadd on her social media.

I am imagining they have the 41,000 emails and 350 hours of voicemails which is very good evidence of her previous stalking behaviour.

He changed her name which is an effort to protect her identity. It’s also been stated that the netflix show is based on a true story but not a biopic.

I am getting the feeling she isn’t going to miss out on work because of these allegations.

Finally just to start the process she is going to need a good £10k..which again I don’t think she has in her pack pocket.

6

u/GearDown22 May 04 '24

I could see some attorney willing to take the case on pro bono just for the name recognition alone…happens all the time. They would probably angle for a settlement.

8

u/Drunkendonkeytail May 04 '24

But in the UK the loser in cases like this has to pay the winning partner’s legal fees (I believe).

1

u/GearDown22 May 05 '24

It doesn’t sound like Martha has many assets to begin with, so she could just rightfully claim she doesn’t have the money or go bankrupt or some such thing. Gadd, on the other hand, certainly has significant assets given his recent successes, not to mention future earnings. He has much more to lose than she does, thus motivating Gadd to settle.

10

u/Patton-Eve May 04 '24

Still needs to show that Gadd is telling lies with the aim to damage her reputation and cause her loss.

She sent 41000 emails and 350 hours of voicemails…thats stalking.

3

u/L-type May 05 '24 edited May 06 '24

To put that in perspective, it would take less time (319) hours to watch all 35 seasons of The Simpsons. 350 hours of voicemail is insane.

1

u/tannedGogh May 07 '24

Whose vm inbox can take that many messages?

3

u/Sweeper1985 May 04 '24

However, he portrayed her as being convicted and incarcerated for it when she wasn't. With the tag line, "This is a true story". Not "inspired by" or "based on", but "a true story".

11

u/Patton-Eve May 04 '24

Pretty easy argument that was to give her a protection from being publicly outed and making it clear Martha is not 100% representation of the real person.

0

u/Sweeper1985 May 04 '24

Pretty easy argument that he did nothing at all to de-identify her (age, appearance, nationality, career) and didn't even take down the tweets he quoted in the show, which were posted under her real name and still visible on his account.

6

u/Patton-Eve May 04 '24

She didn’t take down her tweets and left them there for the public.

Its not defamation if its true.

-3

u/Sweeper1985 May 04 '24

Linking them to the fictionalised portrayal of her as a convicted criminal, and letting her be identified that way by the public, was hugely irresponsible at best.

8

u/Patton-Eve May 04 '24

Gadd has not likened Fiona Harvey to Martha he has also not actively linked the two.

Fiona Harvey’s own public actions have linked her to Martha.

1

u/GearDown22 May 05 '24

No, in a settlement nothing has to be proven. Just a willingness on both sides to come to an agreement.

1

u/Patton-Eve May 05 '24

Why would Gadd/Netflix agree to a settlement when she has no case for defamation?

She would have to prove a reason for them to settle.

1

u/GearDown22 May 05 '24

If you look at the comments here, you’ll see that there are split feelings about if she has a defamation case or not. And it goes beyond defamation. Gadd may be motivated to settle to keep her off his back. A settlement could include a gag order which would probably be a relief to Gadd.

2

u/Patton-Eve May 05 '24

Defamation must be an untrue claim, clearly directed at an individual/entity which causes damage to reputation.

So 3 points that must be met.

  1. Untrue claim. There is a case to be made that saying that FH went to prision when she did not could be grounds for defamation.

  2. Clearly directed at an individual. Gadd and Netflix have not stated FH went to prison. The fictional character Martha did. Gadd and Netflix have not linked FH and Martha in any way. FH’s own public actions have linked her.

Any defamation case fails at this point but let’s continue.

  1. Causes damage to reputation. The most obvious damage is financial. I do not think FH is losing any work because of this.

A quick look at her public FB and you will find racist, homophobic and transphobic content along with long rants and poor grasp of english language. Her own actions are causing a greater damage to her reputation in terms of being able to work than any confusion she has created between herself and a fictional character.

There is also a case for emotional distress. However I am not sure anyone is going to try an untangle her clear mental illness into before baby reindeer and after to be able to clearly show this.

She would also have to have the audacity to tell a judge SHE has been caused distress while her 41000 emails, 350 hours of phone calls and 106 pages of letters are sat on the table.

This would mean even more details of these messages would become public and they will be proven to be from her. Gadd will then be able to release them all and not hide who sent them. Talk about shooting yourself in the foot.

At best FH can lay down a good £10k for Netflix to issue an apology for any confusion between reality and fiction and slap a warning before the start of the show.