Netflix admits Baby Reindeer's real-life Martha was not convicted of stalking Richard Gadd as lawyers gear up for $170m defamation fight

Netflix has admitted Baby Reindeer's real-life stalker was never convicted, as Richard Gadd's lawyers gear up for a $170million defamation fight. 

The streaming reportedly conceded that Martha Scott - who was quickly identified as Scottish lawyer Fiona Harvey in the 'true story' series - was only handed a court order over her interactions with the comedian. 

It comes after the Crown Prosecution Service previously told MailOnline Harvey was found not guilty of one count send by public communication network an offensive, indecent, obscene, menacing message, matter. 

The admission from Netflix, who billed the drama as being based on Gadd's real experience, came in a letter to British Parliament's Culture, Media and Sport Committee. 

Addressing Parliament in May, Netflix's UK director of senior public policy told MPs the show was 'a true story of the horrific abuse that the writer and protagonist Richard Gadd suffered at the hands of a convicted stalker'.

Fiona Harvey, claimed to be the woman Martha Scott is based off, appeared on Piers Morgan's show earlier this year

Richard Gadd attends the 2024 Gotham TV Awards at Cipriani 25 Broadway in June 2024

Netflix has admitted Baby Reindeer's real-life stalker was never convicted, as Richard Gadd's lawyers gear up for a $170million defamation fight. Pictured: A clip from the show 

Yet in a letter sent six days later to Dame Caroline Dinenage - the then chair of culture, media and sport -  Mr King clarified his position, admitting Harvey had not been convicted.

The note, first reported by Deadline, Mr King said: 'I wanted to clarify our understanding that the person on whom the show is based - who we have at no point sought to identify - was subject to a court order rather than a conviction.' 

He added: 'The writer of Baby Reindeer endured serious harassment over many months (as it now seems has been the case for many others), which had a significant impact on his wellbeing.'

It comes as Gadd filed a 21-page declaration to a Californian court on Monday, claiming he was 'harassed and stalked' by Harvey for 'several years'.

Harvey filed a defamation suit at the Los Angeles federal court in June claiming that the series depicted her as 'a twice convicted stalker who was sentenced to five years in prison.' 

She claimed that Baby Reindeer's billing that the series was a 'true story' was 'the biggest lie in television history'. 

In the documents Gadd alleges that Harvey sent him 'thousands' of messages that 'often included sexually explicit, violent, and derogatory content, hateful speech, and threats

Gadd's declaration was filed in support of Netflix's motion to dismiss Harvey's defamation suit, which it says is a 'baseless attack' on the company's freedom of speech. 

Baby Reindeer documented the 'true story' Gadd experienced, showing depictions of horrific stalking

Netflix argued Harvey's claims should be dismissed because the series was not based on real life. Gadd (pictured in a promo for Baby Reindeer) echoed Netflix's claim, stating in his court filing that the series is 'not a documentary representing literally true details and imagery'

The company further argues that the series does not identify Harvey as an alleged abuser and is a 'substantially true' depiction of her alleged actions. 

Harvey, a Scot living in England, filed a lawsuit in federal court in Los Angeles last month alleging she was defamed over her portrayal as a stalker in the hit mini-series.

She also alleged that the streaming giant was negligent, intentionally subjected her to emotional distress and violated her right to privacy.

Gadd in his declaration submitted in federal court on Monday claimed that Harvey 'harassed and stalked me over several years' and, according to the filing, which was obtained from the court by the Mail.

'Overall, it was an incredibly stressful and worrying time, with a sustained period of relentless behavior taking place over several years,' he wrote in the court documents.

'It is impossible to be exhaustive in setting out all of Harvey's conduct, as there were so many instances of unwelcome personal interaction and attempts to engage, as well as deeply troubling communication.'

Gadd alleged that Harvey 'sent me thousands of emails, hundreds of voicemails, and a number of handwritten letters' which he claims 'often included sexually explicit, violent, and derogatory content, hateful speech, and threats', the filing states.

He accused her of monitoring his social media accounts, specifically his profile on Twitter, now called X, and sending him emails to comment on the photos he posted, the declaration revealed.

Richard Gadd pictured with actress Jessica Gunning who played Martha Scott in Baby Reindeer

Harvey filed a defamation suit at the Los Angeles federal court in June claiming that the series depicted her as 'a twice convicted stalker who was sentenced to five years in prison'

Citing a message from January 2015, Gadd wrote in the document: 'Harvey sent me an email with the subject line 'yummy mummy,' which stated 'I see your mum is on twitter . . . I looked up yours to see what was going on in your head and you retweeted her'.'

The actor, citing another alleged instance of social media monitoring, added that 'on September 17, 2016, Harvey emailed me 'I love the photo of you sleeping on twitter'.'

He further claimed that she admitted to being a 'racist' in an email and would 'frequently' use 'hateful speech and derogatory racist and homophobic language' in her correspondences, the court documents revealed.

Gadd, in an attempt to offer 'a microcosm of the sheer scale of her targeted harassment', also accused Harvey of putting herself in the spotlight by self identifying as the woman who inspired Martha in the series.

'I never intended the series to identify any real person as Martha Scott, including Harvey,' he wrote the documents.

'Martha Scott is not Fiona Harvey. Like all characters in the series, Martha is a fictional character with fictional personality traits that are very different than Harvey's.'

Baby Reindeer premiered on Netflix in April, and Harvey publicly came forward and gave an interview to Morgan about a month later. 

Gadd argued in the filing that if 'called as a witness, could and would testify' to the allegations detailed in his declaration

Gadd also claimed that in 2016 he 'obtained a First Instance Harassment Warning against Harvey' from police in the UK, the court documents revealed

Mr Gadd continued: 'I was surprised that Harvey appeared on Piers Morgan Uncensored. 

'Though I have only watched certain segments, I understand she claimed that she was the inspiration for the Martha character, and that she never sent me thousands of emails nor left me any voicemails.

'She harassed and stalked me over several years, and since her interview, other individuals have contacted me through my agents and publicists and said they were also harassed by Harvey, but all were too scared of her to come forward.'

Gadd argued in the filing that if 'called as a witness, could and would testify' to the allegations detailed in his declaration.

He also claimed that in 2016 he 'obtained a First Instance Harassment Warning against Harvey' from police in the UK, the court documents revealed.

Harassment warnings are notices given to an alleged abuser that a complaint has been made against them and inform them that police action could be taken if there are similar reports in the future.

Netflix also filed its motion dismissing the case on Monday, slamming Harvey.

Netflix said the lawsuit was a 'baseless attack on Netflix's exercise of free speech' and barred by California's anti-Strategic Lawsuits Against Public Participation ('anti-SLAPP') statute, which is designed to stop frivolous lawsuits. 

Netflix said that 'any reasonable viewer' would conclude that the series is 'not a factual documentary representing literally true details and imagery'.

It went on to use Harvey's own words against her in an interview with Morgan when she noted: 'Martha cannot be me . . . [she] is a fictional character'.

Netflix says: 'Harvey is correct: no reasonable viewer could understand the Series to make any statements of fact, let alone a statement specifically about Harvey.'

Gadd, in his declaration, echoed Netflix's claim, stating Baby Reindeer is 'not a documentary representing literally true details and imagery'. 

Baby Reindeer premiered on Netflix in April, and Harvey publicly came forward and gave an interview to Morgan about a month later. 

But her lawsuit says viewers and British media outlets had identified her well before that, and they have tormented her constantly since. 

The lawsuit also alleges that Harvey bears an 'uncanny resemblance' to Martha - played by actress Jessica Gunning - saying her 'accent, manner of speaking and cadence' are 'indistinguishable'.

Harvey is seeking all profits from 'Baby Reindeer' and asks that punitive and other damages be awarded that would total at least $170million. 

Earlier this month, Baby Reindeer scooped up 11 of the 2024 Emmy nominations, dominating the awards ceremony. 

A Netflix spokesperson said: 'The letter was sent to the DCMS Select Committee on 23 May, well before any legal case was filed, and has been publicly available since. It does not impact our legal position.'