Britney Spears Loses Sex Tape Libel Case

LOS ANGELES — Reporting that a couple has made a sex tape is not defamatory per se, according to a California Judge, who tossed a suit by pop star Britney Spears against Us Weekly, saying contemporary community standards and the singer’s high-profile sexual persona combined to create a set of circumstances under which it would be difficult to make the case for the media tort.

The dispute began with an Oct. 17, 2005 article, in which the magazine speculated that Spears and her husband, Kevin Federline, had made a sex tape.

The headline for the article read: “Brit & Kev: Secret Sex Tape? New parents have new worry.”

In the piece, Us Weekly reported that the couple had screened the tape for their lawyers after a member of the singer’s entourage had threatened to make the video public. The article said Spears and Federline were “acting goofy the whole time” as the tape played.

Spears and her lawyers denied the existence of the tape, bringing a suit for libel against the magazine two months later.

In the suit, Spears sought $10 million in damages, claiming that the “article is a false and outrageous fabrication,” which portrayed her in a “despicable light.”

Without addressing the accuracy of the article, Superior Court Judge Lisa Hart Cole issued a three-page ruling, which held that Spears lacked the grounds to sue for defamation in this case.

“Applying any legal standard propounded by the plaintiff, is it sexually deviant, immoral sexual conduct, lustful and sexually promiscuous, pornographic, extremely promiscuous or series misconduct for any married couple to tape themselves having sex for their own personal use in this day and age?” Cole said. “Arguably not. Add to the equation that the plaintiff herself has put her modern sexuality squarely, and profitably, before the public eye, and the answer must be no.”

UCLA Law Professor David Ginsburg applauded Cole’s ruling, saying that the standards of what would be defamatory are always in flux.

Fifty years ago, suggesting that a single woman had engaged in sexual activity was actionable, Ginsburg said.

Under California’s Anti-SLAPP statute, Spears will now be liable for attorney’s fees.

The statute provides for attorneys fees in cases were the plaintiff’s alleged injury results from the defendant exercising its 1st Amendment rights.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Australian Government's Social Media Access Proposal Endorses Porn-Stigmatizing Report

The Australian Labor government led by Prime Minister Albanese recently announced its intention to introduce legislation this year “to enforce a minimum age for access to social media and other relevant digital platforms,” stating the upcoming proposal would be based on a recent report that uses stigmatizing language to characterize all adult content.

Federal Judge Blocks Utah's Social Media Filter Law

A federal judge in Utah has blocked the state’s controversial new Minor Protection in Social Media Act, which was set to go into effect Oct. 1.

Mashable Probes Reactions to Project 2025 Among Performers Across Political Spectrum

Tech news site Mashable published an article Tuesday surveying opinions among adult performers across the political spectrum regarding Project 2025, the conservative initiative for a presidential transition that includes a call to criminalize the production and distribution of pornography.

Time Magazine Profiles ECP's Solomon Friedman

Time magazine published on Monday a profile of Ethical Capital Partners (ECP) VP of Compliance Solomon Friedman.

Show More