A New York Court of Appeals denies Dr. Luke defamation claim by Kesha

Content Warning: This article about Kesha discusses sexual abuse. If you or someone you know is affected by the following story, you are not alone. To speak to someone, you can call Lifeline on 13 11 14, or 1800 RESPECT on 1800 737 732.

Another page has been turned in the ongoing legal battle between Kesha and producer, Dr. Luke (Lukas Gottswald).

Kesha first sought legal allegations against Dr. Luke in 2014, accusing her former producer of sexual assault, including drugging and raping. But ever since, Gottswald has been countersuing her for defamation.

According to various reports, it hasn’t seemed like the battle had been going in Kesha’s favour for a while now. In February of last year, the judge stated in relation to a false text message Kesha had sent to Lady Gaga, saying that Gottwald had raped Katy Perry, that “Publication of a false statement to even one person, here Lady Gaga, is sufficient to impose liability.”

As reported by Pitchfork, now the latest update in their legal case comes as yet another setback in Kesha’s pursuit. In February 2020, a New York Supreme Court stated hat Gottwald is not a household name outside of the music industry, therefore rejecting Kesha’s claim that he is ‘libel-proof’.

One of the judges, Justice Saliann Scarpulla has now issued a statement on the matter, “Dr. Luke argues, and the majority accepts, that Dr. Luke is not a limited purpose public figure because he never sought out publicity or spoke publicity about Kesha’s allegations of sexual assault or on the issue of sexual assault.”

“That Dr. Luke has not spoken publicly about Kesha’s allegations of sexual assault is not surprising, is not relevant, and does not preclude a finding that he is a limited purpose public figure. The definition of limited purpose public figure is not so cramped as to only include individuals and entities that purposefully speak about the specific, narrow topic (in this case a protégé’s sexual assault) upon which the defamation claim is based.”

What’s next? According to Pitchfork a final trial date will be locked in for the case soon.

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