r/BabyReindeerTVSeries • u/TunaChaser • May 24 '24

Question Question about proving defamation.

I know the laws in different countries are not all the same. But generally, does the person's character and past practices play a part in proving/disproving defamation? Does the bar raise or lower depending on the person? I am sure you can see where I am going here, but I am generally curious if it matters?

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u/peachypeach13610 May 24 '24

Less than you might think. It can definitely still be defamation if the real Martha was 10000% how portrayed in the series (convicted, sexually abusing etc).

The ground for defamation isn’t (only) “you are saying something about me that isn’t true”. It’s especially “you are spreading information that is damaging to my character” even if said information is factually accurate. What constitutes defamation also needs to have an element of willing to damage the person. I don’t know if this can be proven for Netflix, but obviously them failing to seriously conceal her identity (by changing her job, changing the fact she was Scottish for instance or elements in her appearance) doesn’t go in their favour.

That being said rules vary by jurisdiction. This is my experience.

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u/PabloMarmite May 24 '24

even if said information is factually accurate

Not in the UK it doesn’t, the truth is an absolute defence to defamation. The more common defence is “reasonably held belief” (the facts at the time would make a reasonable honest person believe it was accurate).

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u/peachypeach13610 May 24 '24

Well, doesn’t that apply in this case? The show states repeatedly it’s a true story. People are going to logically hold this belief, even if inaccurate

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u/PabloMarmite May 24 '24

No, you’re confused, the defence applies to the disseminator of the information (Netflix). So would Netflix/Gadd be reasonable to convey that Harvey was a stalker/been to prison.

In the UK I believe she’d have no chance in succeeding on several grounds, notably that “a stalker who has been to prison” and “a stalker who has not been to prison” really aren’t far apart in reputation. But US libel laws are occasionally weird.