New anti-SLAPP laws should apply to Dr Luke v Kesha litigation, say campaign groups
completemusicupdate.comThree US organisations that campaign for women’s rights and gender equality have filed an amicus brief in support of Kesha as part of her ongoing defamation battle with producer Dr Luke.
They argue that recent changes to free speech laws in New York state should be applied to the Dr Luke v Kesha litigation, even though it pre-dates the passing of those new rules.Luke’s defamation claim against Kesha is all that remains of a wider legal battle between the two former collaborators, which began when Kesha accused Luke of rape.
He denies those allegations and – arguing that Kesha’s claims have negatively impacted on his career – sued for defamation.In 2020, as that legal case slowly worked its way through the system, the judge overseeing the proceedings ruled that Luke – as someone who mainly works behind the scenes in the music industry – was not a ‘public figure’.
That was important because, under New York law, that decision has an impact on what needs to be proven in Luke’s defamation case.If the producer is deemed a public figure, not only does he need to prove that Kesha’s rape claims are untrue, but also that they were made “with actual malice”.
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