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Dr. Luke Isn't 'Public Figure' In Defamation Case Against Kesha
In a split decision that closely examined what constitutes a person being considered a limited public figure for the purposes of defamation standards, the New York Appellate Division, First Department, ruled that acclaimed music producer Lukasz "Dr. Luke" Gottwald is neither a general nor a limited public figure for the purposes of his defamation suit against famed singer Kesha, who has claimed Gottwald drugged and sexually assaulted her. Gottwald v. Sebert, 12716-12716A.
Because Gottwald is not a limited public figure under New York state law — or a general public figure, either, according to further detailed analysis by the appellate panel's majority — he will not have to prove that Kesha acted with actual malice when she allegedly defamed him by claiming he assaulted and drugged her after a 2005 party and committed other abuses against her.
"A limited-purpose public figure … is an individual who has voluntarily injected himself or is drawn into a particular public controversy with a view toward influencing it," the Appellate Division majority wrote in the decision. The majority also noted: "Gottwald has appeared in articles in mainstream media for his contributions to pop music. … However, he has not injected himself into the debate about sexual assault or abuse of artists in the entertainment industry, which is the subject of the defamation."
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