Fiona Harvey is suing Netflix for £132 million over the series

The woman who reportedly inspired Netflix’s popular series Baby Reindeer deserves an apology from the streaming giant, a consultant to Ofcom has asserted.

Fiona Harvey, aged 58, was swiftly identified by internet detectives after the show – which revolves around an aspiring comedian’s ordeal with a stalker – claimed to be based on a true story.

Ms Harvey is now taking legal action against Netflix for $170 million (£132 million) regarding the series penned by comedian Richard Gadd, 35.

Duane Dedman, a consultant to Ofcom, told the Royal Television Society (RTS) last week: “Regarding Baby Reindeer, I’m baffled as to how Netflix can assert it is a true story and then include a disclaimer in the end credits stating some scenes were fictionalised and characters amalgamated.

“That’s clearly contradictory and we’ll have to see if the case in America proceeds to trial or if it is settled out of court.”

Ms Harvey has told the media she believes she was the inspiration for the character, but she has taken issue with several elements in the show, such as the false claim that she had been imprisoned.

The show seemed to imply that she sexually assaulted Mr Gadd, an allegation she also denies.

The character of Martha appeared to share several traits with Ms Harvey, including being Scottish, a reported lawyer, and significantly older than Mr Gadd’s character.

Ms Harvey, originally from Fyvie in Aberdeenshire, also frequented a London pub where Mr Gadd used to work, The Hawley Arms in Camden.

While she admitted to Piers Morgan that she had met the comedian from Fife on multiple occasions, she refuted many aspects of the show, including the claim that she sent him 41,000 emails.

In an interview on Piers Morgan Uncensored, she suggested Mr Gadd might have decided to depict her as a stalker because she had previously been accused of similar offences, and Mr Gadd was aware of this.

The television consultant added: “Personally, arguably, yes [Netflix owes Ms Harvey an apology] but I suppose this will unfold in the courts.

“And I suspect Netflix is remaining tight-lipped about this because they might have a strong case to counter her claims.

“All I know about Netflix is they have a team of lawyers and a compliance team, so several people would have reviewed the script and the final programme.

“I truly can’t speculate why they made that decision, so I don’t want to delve into it, but I guess this will unfold.”

Ms Harvey alleges that the show’s failure to protect her identity resulted in defamation, negligence, intentional infliction of emotional distress, and violations of the right to publicity.

The case, filed by Ms Harvey in a California court last month, is ongoing.

A Netflix spokesperson stated: “We intend to defend this matter vigorously and uphold Richard Gadd’s right to tell his story.”

Tags: Netflix Fiona Harvey Martha