Judge Rules Against Kesha, Finds Kesha Liable for Defamation
NY Supreme Court Defamation Case Distinguishes Between Well-Known in Industry and Public Figures
Involving huge names like Lady Gaga and Kesha, the New York Supreme Court was under a microscope when deciding another chapter in the long legal battle between pop artist Kesha and music producer Lukasz Gottwald, also known as “Dr. Luke.”
Kesha and Dr. Luke Battle in Defamation Case
The long legal battle between Kesha and Dr. Luke began in 2014 when Dr. Luke sued Kesha after Kesha made public remarks that Dr. Luke, her music producer, had been sexual assaulting her for years. While Dr. Luke sued Kesha for defamation, Kesha counter-sued, asking courts to void her business contracts with Dr. Luke. Although the courts eventually ruled against Kesha on her business contracts suit, Kesha has already announced her plans to appeal.
While many critics were already doubtful that Kesha would be able to successfully extract herself from the business contracts with Dr. Luke, many were actually surprised that Dr. Luke won on his claims of defamation. Claims of defamation have always been notoriously difficult to win, especially when celebrities are involved. Because there are typically many defenses available to a defendant, Dr. Luke’s victory against Kesha was surprising to many.
Distinguishing Between Libel, Slander, Defamation
It is important to note that the allegations that the New York Supreme Court ruled on were allegations of sexual abuse by Dr. Luke of Katy Perry, another famous pop artist, and not of Kesha herself. At the heart of the case are text messages that Kesha sent to Lady Gaga, which claimed that Katy Perry had been raped by Dr. Luke. In their holding, the New York Supreme Court held that “publication of a false statement to even one person… is sufficient to impose liability.”
While claims of libel, slander, and defamation are often thrown around with reckless disregard, it is rather rare for such cases to go to court. And for many, the distinction between libel, slander, and defamation are confusing. For example, many assume that almost any negative statement can be used to sue if the statements cause damage to one’s reputation. This is not true, however, because the First Amendment guarantees one’s right to free speech, and as such, statements that are merely offensive are not sufficient grounds for one to file a lawsuit of defamation under.
Instead, defamatory remarks are statements that are not only false, but are also statements of fact that exposes the victim to hatred, ridicule, or contempt. It is especially important to note that these statements must be of fact and not of mere opinion, and as such, should be able to be proved true or false.
New York Supreme Court Finds Kesha’s Statements to be Defamatory
In the case at hand, the New York Supreme Court held that there was no evidence to prove that Dr. Luke had raped Katy Perry, that Dr. Luke’s business had suffered from the false remarks, and that the remarks had been made public to others. And while Kesha tried to claim that Dr. Luke was a public figure, and as such, should not be able to win a suit of defamation even if the harmful statements were found to be later incorrect absent malice, the New York Supreme Court disagreed, finding that Dr. Luke was not a household name nor met the standard to be considered a public figure despite being relatively well-known in his industry.
Key Takeaways from the Dispute Between Kesha and Dr. Luke
The case showed that claims of defamation:
can be won even if the lawsuit consists of highly public figures;
can be considered “published” when based upon text messages between individuals; and
may distinguish between figures being well-known in their industry as opposed to public figures in front of the general public.
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