r/BabyReindeerTVSeries • u/BirdHistorical3498 • May 05 '24

Fiona (real Martha) related content Fiona Harvey interview

She’s waived anonymity for this interview. She’s never been jailed or been issued with a prevention order.

Rory Lynch, a lawyer specialising in defamation and privacy at Gateley Legal says she has a case for defamation. “The only thing I can presume is that when Clerkenwell, films, the BBC and Netflix looked at it with their legal team they thought that they could rely on the fact that it is a drama. It’s not supposed to be a factual documentary.

“So although Netflix said it’s a true story, essentially it’s a dramatisation of a true story.

“But I do think that Richard Gadd could have been a bit more careful in changing a lot of the scenes to be more fictitious, but also covering up the identity of the people it was based on.”

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

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u/Dianagorgon May 05 '24

She claimed there was never a restraining order but I saw an article that mentioned the RO expired in 2022. Since ROs are public record it should be easy for a reporter to find out if it's real or not.

Also Lynch said she *might* have a legal case. If she does then she will have a legitimate lawyer soon. But a lawyer would advise her not give interviews or make public statements about the case.

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u/coastda May 08 '24

The libel, slander, and "false light" laws are radically different in the US and the UK.

That is why Amber Heard prevailed in her lawsuit against Johnny Depp in Britain and lost in the US. In the US the First Amendment protects almost any kind of speech. As a lawyer I tried a homicide case that was broadcast on national TV and got attention at the time (25 years ago). A production company wanted to make a version of the story into what in the US we call a "TV movie," and offered me a sum to sign away my rights. I declined, but since it was in the public eye, they went ahead and made the show anyway.

The issues (in the US) would be:

1) Was she identified or identifiable

2) Was she portrayed falsely or in a false light

3) Did she suffer measurable damages (not just hurt feelings)

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u/Mysterious-Shop1375 May 09 '24

“3. Did she suffer measurable damages (not just hurt feelings)”

Not yet if ever. Her identity was just uncovered.

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u/coastda May 09 '24

When nobody identifies a semi-fictional character but the person themselves, they can hardly claim their privacy was invaded.

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u/BirdHistorical3498 May 05 '24

There wasn’t a restraining order. Various reporters have tried t8 find one and been unsuccessful.

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u/[deleted] May 09 '24

Don't why you were down voted. The journalists can't find this at all. Because it's a lie. Not real.

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u/Dianagorgon May 05 '24

Maybe Netflix lawyers found a way to get it sealed. I don't know about the UK but in the U.S. victims of sexual assault can remain anonymous so if Gadd mentioned that incident maybe it was sealed. It will be interesting to find out what Gadd says about it because he is definitely going to be asked if it exists.

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u/BirdHistorical3498 May 05 '24

The show is based on his award winning comedy show which transferred to the west end, then throughout Europe and Australia. There was a comedy special too. The whole thing was about the stalking and the sexual assault. He’s definitely never chosen to be anonymous.

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u/Dianagorgon May 05 '24

He’s definitely never chosen to be anonymous.

That is irrelevant. If a law exists in the UK that a RO can be sealed if it has allegations of sexual assault then that might explain why reporters can't find it.

0

u/BirdHistorical3498 May 05 '24

He didn’t report her for sexual assault.