Music producer Dr. Luke is a self-proclaimed celebrity—and will be treated like a public figure in his ongoing defamation lawsuit against Kesha, a New York appeals court ruled on Tuesday in a major victory for the pop star.
As a result, the producer, whose real name is Lukasz Gottwald, is deemed a “public figure” and must prove that Kesha acted with “actual malice” when she accused him of raping her nearly 20 years ago.
That means in order for Dr. Luke to win his 2014 lawsuit, which is set to go to trial in Manhattan later this year, he has to prove Kesha knew her sexual assault allegations were false—and that she displayed a reckless disregard for the truth.
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“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,” Judge Michael Garcia wrote in the opinion released Tuesday. “As self-described in the complaint, he ‘has written the most Number One songs of any songwriter ever’ and ‘was named by Billboard as one of the top ten producers of the decade in 2009.’”
“Therefore, Gottwald is appropriately considered a limited-purpose public figure, and as a result he must prove that Sebert’s allegedly defamatory statements were made with actual malice,” Garcia added.
The ruling reverses a mid-level appeals court decision that found Dr. Luke was a private figure because he was not a household name and is a significant blow to his legal team, which now has a higher bar to meet at trial. The court also declared that a state judge should allow Kesha to file counterclaims against Dr. Luke.
The decision is the latest twist in a saga that began in 2014, when the “TikTok” singer initially sued Dr. Luke and Sony Music to get out of her multi-album recording deal. Dr. Luke counter-sued for defamation, denying her claim that he had raped her in 2005 and alleging that she had made a series of false statements online, in texts to Lady Gaga, and in court filings.
In 2020, a lower court judge ruled that Kesha Rose Sebert defamed Dr. Luke, which was reaffirmed a year later. The Court of Appeals ruling means the case will proceed to trial. In a statement, a lawyer for Dr. Luke said that she is confident that Kesha’s counterclaims will be rejected.
“At trial, Ms. Sebert will be required to defend her harmful and long-standing press campaign against Mr. Gottwald,” Christine Lepera told Reuters. A rep for Kesha did not immediately respond for comment.
