A federal judge has dismissed a defamation lawsuit filed by R. Kelly’s former assistant against Netflix and Lifetime over how she was portrayed in the documentary “Surviving R. Kelly,” ruling that the networks are protected by the First Amendment.
The lawsuit from Diana Copeland, who says she worked for Kelly for more than a decade, claimed that the doc series “depicts her in a sinister and defamatory light” – including falsely suggesting that she had helped the now-convicted singer prey on young women.
But in a ruling Tuesday, Judge Stephanos Bibas said Copeland had failed to clear the “high bar” for filing libel cases over newsworthy subjects: “The First Amendment demands ‘adequate breathing space’ for the free flow of ideas, especially about public figures on matters of public controversy.”
The judge dismissed the lawsuit, but gave Copeland a chance to refile an updated version of her lawsuit. In a statement to Billboard, her attorney said she would successfully do so: “In this new streaming world, platforms like Netflix and documentarians need to be held accountable for any damages caused to people by slander in their content.”
An attorney for Lifetime and Netflix did not immediately return a request for comment.
Released in early 2019 as a six-part documentary series, “Surviving R. Kelly” helped push the longstanding abuse allegations against Kelly back into the public eye. Later that same year, the singer was indicted by federal prosecutors on a slew of criminal charges, eventually resulting in convictions on racketeering, sex trafficking and child pornography and decades-long prison sentences.
Copeland sued last year, with her attorneys claiming that episodes of the Lifetime documentary, which was later added to Netflix’s catalog, “paint Ms. Copeland as Mr. Kelly’s co-conspirator and accomplice in victimizing children and young women.”
But in Tuesday’s decision dismissing those claims, Judge Bibas ruled that Copeland was a so-called public figure — a status that makes it very hard to win a defamation lawsuit.
Under landmark U.S. Supreme Court rulings, someone like Copeland must show that Lifetime acted with “actual malice,” meaning the network either knew its claims were false or acted with reckless disregard for the truth. That difficult-to-meet standard is designed to prevent government officials, business execs and other powerful people from abusing libel suits to stifle free speech.
Copeland had argued that she was no celebrity and simply wanted to “lead a private life” despite her work for Kelly. But Judge Bibas pointed out that she had appeared on Good Morning America to discuss the allegations and defend her conduct: “By going on national TV to discuss Kelly, Copeland voluntarily injected herself into the public discourse [and] invited public attention, comment, and criticism.”
As a public figure, the judge said Copeland’s case would only succeed if she could show “actual malice” – and he said had not done so in her court filings.
“The actual-malice standard shields publishers from liability for mistakes, while still preserving defamation remedies where the publisher knew that he was publishing falsehoods or deliberately ignored the truth,” the judge wrote. “Copeland fails to clear that high bar. The complaint offers only conclusions and speculation of ill will, not allegations of actual malice.”
For similar reasons, the judge also tossed out other allegations of the case, including that the documentary inflicted emotional distress and misappropriated her name and likeness. But the entire ruling came “without prejudice,” meaning Copeland can refile her case with changes in an effort to fix the problems Judge Bibas identified: “Perhaps Copeland can cure these defects.”
