Challenges of Regulation and Responsibility in TV Portrayals: The Case of Fiona Harvey and Netflix

The recent controversy surrounding the Netflix series “Baby Reindeer” has sparked a debate about the regulation of TV shows on different platforms and the potential legal consequences for portraying real individuals in a defamatory manner.

In the case of Fiona Harvey, who alleges that she is being portrayed falsely and defamatorily in the show, legal experts suggest that if she is identifiable as the individual being portrayed, Netflix could be held responsible for how she is portrayed, regardless of the truth of the allegations. If there is no defense of truth available to Netflix, Harvey could potentially sue for defamation.

One key issue highlighted by this case is the differing standards of regulation for TV shows on traditional broadcasting networks versus streaming platforms like Netflix. While British-produced shows on British networks are subject to the Broadcasting Code overseen by Ofcom, Netflix, based in the Netherlands, falls under the jurisdiction of the Dutch Commissariaat voor de Media. However, new legislation passing through the UK parliament could soon subject streaming platforms to the same scrutiny as traditional broadcasters, potentially leading to fines or restrictions for breaking rules around harmful material.

The controversy is further complicated by the caption “this is a true story” that appears at the start of “Baby Reindeer,” despite the fact that the show’s creator, Richard Gadd, has admitted to using artistic license in parts of the story. Harvey denies the allegations made against her in the show and claims that she was never prosecuted or convicted of the offenses depicted. Even if Netflix had run a disclaimer stating that the series was not entirely based on true events, legal experts suggest that Harvey’s easily identifiable portrayal could still lead to legal consequences due to the blurred lines between truth and fiction for the audience.

This case echoes a similar legal battle surrounding Netflix’s “Inventing Anna,” where a real-life individual sued the streaming platform for defamation over her portrayal in the show. The lawsuit was not dismissed, highlighting the potential legal risks for streaming platforms when portraying real individuals in a negative light.

As the debate around regulation and legal consequences for TV shows on streaming platforms continues, the outcome of Fiona Harvey’s potential defamation case against Netflix could have far-reaching implications for the industry.