The lawsuit filed by Fiona Harvey against Netflix and Richard Gadd has been allowed to proceed, as a U.S. judge ruled that the show suggests Fiona Harvey was convicted for stalking Richard Gadd.

Harvey claims that Baby Reindeer falsely implied that she sexually assaulted Gadd, gouged his eyes and faced prison time for stalking him. She is seeking $170 million (€150 million).

The lawsuit comes after fans identified the inspiration for Martha, against the creator Richard Gadd's wishes. Harvey alleges that she has received death threats and has suffered "severe emotional distress."

California district judge Gary Klausner based his ruling on the episode's opening credits saying “This is a true story” saying, “There is a major difference between stalking and being convicted of stalking in a court of law,”

“Likewise, there are major differences between inappropriate touching and sexual assault, as well as between shoving and gouging another’s eyes. While plaintiff’s purported actions are reprehensible, defendants’ statements are of a worse degree and could produce a different effect in the mind of a viewer.”

Gadd has alleged that Harvey received a "harassment warning" and stalked him for years while he was employed at a pub in London, and would pinch him inappropriately, sending him a massive amount of disturbing emails and voicemails.

According to Gadd, his story was fictionalised and that the "true story" line was included at Netflix's recommendation.

Netflix "made no effort to investigate the accuracy of these statements and portrayals, or take further measures to hide her identity” said judge Klausner, "The series states that plaintiff is a convicted criminal who sexually and violently assaulted Gadd. These statements may rise to the level of extreme and outrageous conduct.”