Kesha Lands Major Victory in Defamation Battle Against Dr. Luke Ahead of Trial

Winston Cho
·3 min read
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A month ahead of the start of a defamation trial between Lukasz “Dr. Luke” Gottwald and Kesha Rose Sebert, New York’s top appeals court set the bar higher for the producer to prove that the singer defamed him by accusing him of raping her in 2014.

The New York Court of Appeals on Tuesday ruled that Dr. Luke, as a public figure, will have to prove that Kesha acted with “actual malice,” or the knowledge that her statements were false or made with reckless disregard to the truth  — a demanding standard to clear in defamation cases. The decision reverses a previous ruling that Dr. Luke is a private figure even though he’s world famous for working with the industry’s biggest names.

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The nearly decade old legal battle revolves around Kesha’s efforts to get out of her record deal with Dr. Luke’s Kasz Money. After unsuccessfully trying to renegotiate the terms of the agreement, the singer sued the producer for raping her around the time he signed her almost 20 years ago. She’s looking for an injunction voiding her contracts with Dr. Luke, known as one of the most successful producers of the 21st century for working on hits for Avril Lavigne, Katy Perry and Miley Cyrus among several others.

On summary judgment, a New York appeals court in 2021 stunned legal observers and worried press advocates by ruling that Dr. Luke didn’t qualify as a public figure. The Reporters Committee for Freedom of the Press along with news organizations like The Daily Beast, Dow Jones and New York Public Radio all filed a friend-of-the-court brief backing Kesha that Dr. Luke should have to prove actual malice as a person under the public eye. The ruling, which also held that the singer published a false statement when she texted Lady Gaga that he had also raped Katy Perry, was a key victory for the producer since private figures only need to show negligence, though libel standards in New York were altered in 2020.

In reversing the decision, the court found that Dr. Luke is a “limited-person public figure.” While certain individuals are considered public figures for all purposes, it concluded that others “may invite publicity only with respect to a narrow area of interest” and “may fairly be considered public figures only where the alleged defamation relates to the publicity they sought.” The producer, the court said, “thrust” himself into the public spotlight and sought a “continuing public interest in [his] activities.” The ruling pointed to Dr. Luke continuously publicizing and promoting his business relationships with young female artists, like Kesha, to continue attracting publicity for himself and new talent for his label.

“By 2014, when Gottwald initiated this defamation action, he was, by his own account, a celebrity—an acclaimed music producer who had achieved enormous success in a high-profile career,” states the order.

In another win for Kesha, the court also said that she can pursue a counterclaim under changes in 2020 to New York’s law intended to protect free speech from frivolous litigation. Under the anti-SLAPP statute, she can recover some of her legal bills.

All of the ruling didn’t go the singer’s way, however, as it was found that most of the her allegedly defamatory statements aren’t protected by privileges which immunize conduct if it’s reasonably related to litigation. Twenty of 25 disputed statements will go to trial.

In a statement, Dr. Luke’s lawyer Christine Lepera stressed that the court “agreed with Dr. Luke that the vast majority of Ms. Sebert’s statements are properly the subject of his defamation claim.”

A lawyer for Kesha didn’t immediately respond to a request for comment.

The trial will start on July 19 in New York state court.

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