… the show labelled as 2024’s biggest TV controversy

 

Taylor Hampton was interviewed by BBC Culture this week about the Baby Reindeer fallout.

Daniel Taylor commented:

“It is for the claimant [Fiona Harvey] to prove that she was the subject of the libel. If she is able to do that, then Netflix’s due diligence has failed. The test the court lays down as to whether she has been identified as the subject of the series is an objective test of whether the hypothetical viewer would understand the series to refer to her. At trial, evidence that the individual in question was identifiable can be adduced at court.  “If Fiona Harvey is identifiable as the individual being portrayed, then Netflix will be responsible for how she is portrayed regardless of whether what is being alleged about her is true or false,” he adds. “And, provided the portrayal of Fiona Harvey is false and defamatory and there is no defence of truth available to Netflix or any other defence they can rely on, she can sue for defamation.” The BBC has contacted both Netflix and Clerkenwell Films for comment, but they have not responded.

For more information:

For the full article see the link  HERE .

 

 

 

 

 

 

Taylor Hampton’s Defamation Department:

For more information on Taylor Hampton Solicitors’ defamation work, see our legal services section HERE.