Pop star Kesha scored a win Tuesday in her battle with songwriter and producer Dr. Luke, who is accusing her of defamation.
An appeals court in New York ruled that Dr. Luke, whose real name is Lukasz Gottwald, is a public figure and must therefore prove that Kesha acted with “actual malice” when she accused him of sexual assault in 2014.
“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,” reads the decision. “He purposefully sought media attention for himself, his businesses and for the artists he represented, including [Kesha], to advance those business interests.”
At trial next month, Gottwald will have to show that Kesha either knew her claim was false or acted with reckless disregard for the truth. It’s a high legal standard that makes it difficult for celebrities to win libel cases.
Tuesday’s ruling also said if Kesha is found not liable, she can seek costs and damages from Gottwald.
The famed producer sued Kesha in 2014 over allegedly “false and shocking” sex assault allegations to get out of her contract with him.
Kesha had sued Gottwald for sexual assault and battery, sexual harassment, gender violence, emotional abuse and violation of California business practices but her case was dismissed by a judge in 2016.
In 2021, Gottwald claimed the pop star’s accusations cost him $46 million U.S. in lost business. (Reps for Kesha called the figure “speculative and unreliable.”)
The defamation trial is scheduled to begin on July 19.