Judge declares 'Baby Reindeer' not a true story, real 'Martha' can sue Netflix

A judge decided the Emmy-winning limited series " " is "not a true story," giving the show's so-called "real Martha" the green light to sue the streaming giant.

Judge Joseph Remigio on Friday ruled Fiona Harvey can pursue her , saying "there are numerous similarities" between Harvey and the show's character, Martha Scott.

Remigio details how Harvey, a Scottish attorney living in England, claims that despite using fictional names, "the series is heavily based on reality."

The judge notes the series, which was written and created by the show's protagonist, Richard Gadd, opens with the words, "This is a true story." This opening, the judge, writes, leads the audience to believe it is factual.

Harvey alleged the show used Martha to make untrue statements about her and falsely stated that she:

was a twice-convicted criminal who spent five years in prison for stalking

stalked a police officer

sexually assaulted a man in an alley, grabbing his genitals without consent

violently attacked a man in a pub, smashing a glass bottle over his head and gouging his eyes with her thumbs

stalked a man by waiting outside his house every day for up to 16 hours a day

While Harvey was accused of stalking, she was never criminally charged or sent to prison, according to the lawsuit.

"There is a major difference between stalking and being convicted of stalking in a court of law," Remigio wrote in the order. "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 the viewer."

Harvey filed the lawsuit in federal court in Los Angeles in June. The suit also alleges Netflix was negligent, intentionally subjected her to emotional distress and violated her right to publicity.

The lawsuit alleges the streamer did nothing to determine whether the stalking, assault, and convictions were accurate, nor did it do anything to understand the actual relationship between Harvey and the show's creator, Richard Gadd, who also stars as the protagonist, Donny Dunn.

"Netflix and Gadd destroyed her reputation, her character and her life," according to the suit.

The seven-episode series premiered on Netflix in April. It is based on a one man-stage show in which Gadd describes being stalked, sexually abused, along with other emotional struggles.

Gadd, who is not named as a defendant in the suit, previously said an unnamed woman stalked him for years when he worked as a bartender and server at a London pub. He also said she pinched his behind on numerous occasions.

In a 12-minute teaser to the show, Gadd said his stalker sent him 41,071 emails, 350 hours of voicemails, 744 tweets, 46 Facebook messages, four Facebook accounts, and 106 pages of letters.

"It's a true story based on my early twenties, where I went through a lot of pretty crazy things," he said in the teaser.

He eventually reported her to authorities and she got a "harassment warning," according to , but she wasn't criminally prosecuted or sent to jail.

"Baby Reindeer" scored several Emmy wins earlier this month, including best limited series, best supporting actress for Jessica Gunning, who plays Scott, as well as Gadd's awards for best actor and best writing.

"Ten years ago, I was down and out, I never ever thought I could get my life together. Here I am, just a decade later picking up one of the biggest writing awards in television,"Gadd said when he accepted the award.

"No matter how bad it gets, it always gets better," he added.

Accepting the series award, Gadd urged the makers of television to take chances.

"The only constant across any success in television is good storytelling," he said. "Good storytelling that speaks to our times. So take risks, push boundaries. Explore the uncomfortable. Dare to fail in order to achieve."