'High risk' Baby Reindeer gets 'very close to the line': Legal experts say Netflix and creator Richard Gadd should have changed key details in hit show to stop outing of real life characters

Legal experts have claimed Netflix smash Baby Reindeer is 'high risk' for lawsuits and more could have been done to protect the identities of real life people portrayed in the show. 

Lawyers exclusively told MailOnline that the streaming giant and show creator Richard Gadd should have changed more key details to stop 'arm chair detectives' trying to hunt out the real-life people based on the show's characters.

The seven-part Netflix-series is billed as a 'captivating true story' based on Richard Gadd's experience of being stalked by a random stranger he offered a cup of tea and abused by a high-profile comedy agent some years earlier. 

In the show, Mr Gadd's stalker is revealed as a Scottish woman in her 40s called Martha Scott living in Camden, north London - all of which are seemingly accurate to the woman accused of being the real stalker. 

Rory Lynch, a lawyer specialising in defamation and privacy at Gateley Legal, said that identifying details like this not being changed, and the apparent use of real text messages sent to Mr Gadd from his stalker could lead to 'jigsaw identification'. 

Mr Lynch said the real 'Martha' may have grounds to sue for defamation if she could prove allegations made in the show are untrue and have caused her 'serious harm', such as being harassed online. 

Baby Reindeer delves into Richard's harrowing real-life stalking ordeal and brutal sexual abuse as he plays a fictionalised version of himself called Donny Dunn (pictured)

Gunning plays Martha in Baby Reindeer, the fictionalised version of Richard Gadd's real-life stalker

Richard Gadd, 34, said the show is based on real-life events, including being raped by a TV executive. Pictured: Tom Goodman-Hill as Darrien O'Connor in the show

He told MailOnline: 'I think what Gadd's done is quite high risk because he's publicised the fact that this happened to him, and it was traumatic and now he's taken it to the big screen.

'You could argue that maybe he should have been a bit more careful about changing facts a bit more. 

'Making her different, maybe doing it the other way around and making it a man as the stalker rather than a woman. Or, you know, just changing it up a bit more as there are obviously so many similarities.'

This could be put forward as an argument for the show not protecting her real identity in a defamation case, he claimed.

Mr Lynch continued: 'I would just try and make it as different as you can to what actually happened while still getting the story across.

'Not Scottish, and not a lawyer and not having a bar in London, but perhaps set it in a library in Manchester or something like that.'

He added that there could also be a privacy issue regarding scenes that show Gadd's stalker. 

But he said that Mr Gadd's legal team would have likely been 'pretty confident' in clearing the show legally as it is 'clearly a drama, not a documentary'.

Baby Reindeer, produced by Clerkenwell Films, which was acquired by BBC Studios in 2021, has become a global phenomenon since it aired earlier this month.

In the show Gadd plays a fictionalised version of himself - a fledgling comedian called Donny Dunn - who is stalked by Martha, a woman he met while working in a pub in Camden.

During the course of Mr Gadd's disturbing three-year ordeal, he is sent more than 40,000 emails, 350 hours of voicemail, 744 tweets, 46 Facebook messages and 106 pages of letters.

Netflix later confirmed that every email that Donny receives in the show are 'the real emails' Richard Gadd was sent from his stalker - all bemusingly finished with 'sent from my iPhone' despite Martha not owning one.

Mr Gadd maintains that he changed names and specific details of the story to protect the identities of those involved, even claiming that 'Martha' 'would not even recognise herself' in the show.

But the 34-year-old has since been criticised for 'not doing enough' to protect his stalker's identity, with viewers claiming they have used information from the show to find her online.

The show tells the story of how, after the chance pub encounter, 'Martha' became obsessed with Richard (who is named Donny in the series)

Gadd has revealed he first encountered 'Martha' when he was working in a pub and offered her a cup of tea because she was crying

Now, police have even been involved after Sean Foley (pictured) was falsely accused of being the abuser

After reposting Gadd's insistence to stop the speculation, Foley revealed he had contacted the police

The woman accused of being the real 'Martha' - who MailOnline is not naming - has since claimed she will be suing Mr Gadd and Netflix.

After allegedly discovering the real Martha, internet sleuths moved on to trying to identify the high profile comedy agent Darrien O'Connor - played by Tom Goodman-Hill - that allegedly raped Mr Gadd.

The conspiracies have become so damning that police are now involved after fans began to falsely accuse prestigious theatre director Sean Foley of being the 'real-life' abuser.  

Last week social media trolls started to accuse theatre director Sean Foley, 59, of being the inspiration behind Richard's abuser - despite having no evidence.

It was announced on April 18 that Foley would be stepping down from his role as artistic director at Birmingham Repertory Theatre in the summer.

Fans were convinced that the timing of his departure with the release of the show could not be a coincidence and soon lambasted Foley with their theories - which lack any proof.

They were also struck by the likeness between Foley and actor Tom Goodman-Hill - and the fact Gadd and Foley had worked together on an episode of the comedy drama series Urban Myths in 2018.

Foley directed an episode titled Princess Diana, Freddie Mercury and Kenny Everett starring Gadd, according to IMDB.

Fans have been working tireless to work out the real identities of the characters in Netflix's Baby Reindeer, particularly the stalker named as Martha Scott

But on Tuesday Sean revealed on X, formerly Twitter, that he had contacted police who are investigating the posts made against him.

He said: 'Police have been informed and are investigating all defamatory abusive and threatening posts against me.'

West Midlands Police confirmed: 'We're investigating after a man reported receiving threatening messages on social media.

'Enquiries are at an early stage and we are in the process of gathering information from the victim.' 

However, legal experts have warned online sleuths against trying to 'expose' the real-life characters in the show.

Alexandra McCready, head of reputation and privacy at Vardags, said people speculating about serious crimes such as stalking and sexual assault are at risk of being sued.

She told MailOnline: 'Speculating that someone is guilty of a crime like stalking or sexual assault, even through the medium of social media, can be legally actionable in defamation if there is no evidence to back-up that allegation and the target turns out to be entirely innocent.

'If that online speculation turns into threats and abuse directed towards the person involved, that can become a criminal matter, as with the recent targeting of Sean Foley.

'Internet users, especially those with large social media followings, would be well advised to steer clear of unevidenced speculation about who the real life individuals are.'

MailOnline has contacted Richard Gadd and BBC Studios for further comment.