New anti-SLAPP laws should apply to Dr Luke v Kesha litigation, say campaign groups

20.04.2022 - 15:03 / completemusicupdate.com

Three 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”.

But, as he is not a public figure, he only need prove the former.However, also in 2020, New York state passed some new anti-SLAPP laws. These are laws designed to protect free speech by targeting what are known as ‘strategic lawsuits against public participation’, basically frivolous litigation that mainly aims to shut people up, rather than actually right any alleged wrong in court.Under the new anti-SLAPP laws, in defamation cases in New York the “actual malice” requirement can also apply when it’s a non-public figure pursuing the litigation if the allegedly defamatory