Business
https://www.dbllawyers.com/services/litigation/defamation/ Today we're going to talk about Kesha and Dr. Luke. Kesha, that famous singer who sings the song, the Warrior, was ordered to pay $373,000 to a man named Dr Luke in a defamation lawsuit. The case was about a text message that Kesha sent to Lady Gaga claiming Dr. Luke had raped Katy Perry and the court found that it was defamatory. Katy Perry had said that she was never raped and therefore that sending that text message was untrue and therefore the court found it was defamatory. Why is it defamatory per se? Well part of it has to do with the courts finding that Dr Luke is not a public figure and therefore there wasn't a standard of actual malice required. Now, quick, short and slightly shallow dive into the tort of defamation. A lot of people actually get this confused and I get asked a lot about defamation by business people and non business people, particularly as it has to do with online statements. So defamation is essentially a civil tort. Anytime one person makes a statement, whether it's written or oral or even a gesture that falsely debases someone else's character, they've potentially committed the court, the tort of defamation, and that other person who is debased or defamed or injured potentially has a defamation claim. These statements have to be presented as fact and it has to cause injury or damage to the person that the defamation is about. A lot of people get this confused with opinion. It's important to note the difference between opinion and defamation first. Second part of defamation is intent and that's what is at play here in this. This Kesha/Dr. Luke case. The statement has to be made with a certain kind of intent, either with the knowledge that at the time the statement was made, you knew it was untrue or you made the statement with what's called a reckless disregard for the truth. If you are a private citizen and not a public figure, the statement can also be false and it can also be a defamation tort if it was made negligently. Slander is technically when you make a statement orally, defamatory statement. Libel is technically when you write something down. So if you put it on Facebook, it's libel. I think in this day and age of social media and internet and viral videos, that slander quickly turns into liable as things get published very quickly. Something to remember as you're out and about, and as you make statements, publish articles, and write about other people, make sure what you say is true and that it's not done with a reckless disregard for the truth.