Appeals court says it lacks jurisdiction over Netflix's bid to end Fiona Harvey's Baby Reindeer suit

Mixed · 2The US Court of Appeals for the Ninth Circuit has ruled that it lacks jurisdiction over Netflix's appeal in the defamation case brought by Fiona Harvey over the series Baby Reindeer. 1 2 Mixed · 2Deadline reported that the ruling was made on technical grounds rather than on the merits of Netflix's argument, and the A.V. Club, citing Deadline, described it as a denial on procedural grounds. 1 2 Mixed · 2In its order, the appeals court said Netflix must either file a motion to voluntarily dismiss the appeal or file a statement explaining why it should not be dismissed; Netflix declined to comment. 1 2

Mixed · 2The appeal had halted proceedings at the Central District of California court, where a trial had been widely expected in May 2025; the case had been dormant for more than a year, and the ruling puts it back in motion. 1 2 Centre · 1Harvey, a former lawyer from Scotland, sued Netflix for $170 million in 2024 after being identified online as the inspiration for Martha, the stalker played by Jessica Gunning in the series created by Richard Gadd. 1 Mixed · 2Harvey says the series, billed as a true story, portrayed Martha as a twice-convicted stalker sentenced to five years in prison, although Harvey has never been convicted of stalking Gadd, and has called it "the biggest lie in television history". 1 2

Mixed · 2In September 2024, US District Judge R. Gary Klausner let the defamation claims proceed, saying Netflix "made no effort" to fact-check Gadd's experiences and failed to "hide" Harvey's identity; the A.V. Club adds that the judge dismissed negligence and gross negligence claims and noted the series opened with the words "This is a true story", which set a higher standard of accuracy. 1 2 Centre · 1Netflix has argued that Harvey does not allege a provably false statement of fact and that Harvey's reputation was already tarnished by past news stories about alleged harassment and stalking of public figures. 1 Mixed · 2Harvey's attorney Richard Roth said Netflix is "doing everything to avoid a trial", having lost its district court motion and then seen its appeal dismissed, and that a trial will put its alleged wrongdoing before a jury. 1 2

Left · 1The A.V. Club also says Netflix executives acknowledged that the real person was subject to a court order rather than convicted, a point Deadline does not report. 2