Netflix loses court: Fiona Harvey's lawsuit got the green light

Netflix does not always win, and the latest news from California only confirms this. Fiona Harvey, who is considered the prototype of the character Martha from the series "The Deer", won the right to continue her lawsuit against the streaming giant.

False accusations

The trial resulted from Harvey's allegations of defamation and violation of the right of publicity. A woman claims she was falsely accused of sexually assaulting the show's creator, Richard Gadd, and even gouging his eyes out on the show. Court ruled that Netflix did not make reasonable efforts to fact-check or disguise the prototype heroine.

"The series was falsely labeled a 'true story, ' and the streaming service made no effort to verify Richard Gadd's story or disguise Harvey as a prototype for Martha, " the judge said.

Shocking consequences

Harvey sued for $170 million, claiming the show defamed her by portraying her as a "convicted stalker." Her identity was quickly recognized by the audience, which led to threats and emotional stress for the woman.

Netflix's response

Richard Gadd claims that the series and the play on which it is based are fictional and were not intended to be a literal representation of reality. However, the judge drew attention to publications in the media that may indicate "actual malice" on the part of Netflix.

"The judge admitted that the plaintiff suffered 'strong emotional stress and was afraid to go outside, '" the court representative said.

The future of business

A judge denied Netflix's motion to dismiss the suit, allowing Harvey to file a new claim for intentional infliction of emotional distress. The decision could have a significant impact on Netflix's future projects, forcing the company to do more thorough fact-checking before creating fiction.

Editor: Emiliia Morozova