Kesha achieved an important victory in her ongoing defamation court battle with disgraced producer Dr. Luke, real name Lukasz Gottwald, on Tuesday (June 13).
Warning: Mentions of sexual violence below.
New York’s Court of Appeals, their top appeals court, ruled that Gottwald has to prove that Kesha showed “actual malice” when she alleged that he drugged and raped her at a party in 2005 because he is a “public figure.” According to Billboard, this is a notably difficult hurdle to clear in court.
Kesha made the allegation in 2014, and since then, their legal battle has been ongoing for eight years.
READ MORE: Kesha Denied Appeal in Dr. Luke Defamation Court Case
The ruling stated, “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. He purposefully sought media attention for himself, his businesses, and for the artists he represented, including Sebert, to advance those business interests.”
Due to this, Gottwald either has to prove that Kesha “knew her accusation was false” or “acted with a reckless disregard for the truth.”
Kesha also gained another victory when the courts ruled that the “anti-SLAPP” law applies to the case, which means that should she win, she can demand that Gottwald repay her legal bills.
A trial is slated to begin on July 19 in the case after several setbacks.
In October 2014, Kesha first sued Dr. Luke for sexual assault and battery, as well as sexual harassment, gender violence, emotional abuse, and violation of California business practices.
She accused the producer of giving her a date rape drug at a 2005 party and raping her, as well as continuing to subject her to emotional abuse and fat-shaming for several years of her career (her debut hit “Tik Tok” didn’t even come out until 2010).
Kesha said that his actions caused her “severe depression, post-traumatic stress, social isolation, and panic attacks,” per Pitchfork.
Despite attempting to free herself from her recording contract with Dr. Luke’s label, Kemosabe Records, her 2017 album, following the accusations, Rainbow, was released in a deal between the label and RCA Records.
Most recently, Kesha dropped her final album under her contract with Kemosabe Records, which she signed when she was 18. The album, aptly titled Gag Order, was released in May 2023 and explores darker themes, seemingly in relation to her legal battle with Dr. Luke.