In the Law360 article “’Lion King’ Suit May Not Reign In Podcasting Legal Jungle,” Knobbe Martens Trademark and Brand Protection partner Jonathan Menkes shared insights on the legal foundations of U.S. defamation law and how media and podcasting companies can avoid this type of litigation.
Discussing a recent dispute between a songwriter who wrote a popular song from The Lion King and a comedian who incorrectly translated a portion of the song’s lyrics during a podcast appearance, Menkes maintained that the lawsuit turned on well-established defamation principles, particularly as they apply to statements disseminated through new and emerging media platforms. He noted that while defamation law is agnostic towards where the statements at issue are made, podcasts can be more susceptible to these types of lawsuits given their relatively rapid and widespread distribution.
When evaluating the risk of potential defamation lawsuits, Menkes suggested that media companies and content creators provide training on what constitutes an actionable defamatory statement under defamation law.
Read the full article on defamation risks in podcasting and new media here [subscription required].