The NFL may not like it, but it could get dragged into Not Like Us lawsuit.
As explained by Michael McCann of Sportico.com, the league’s role would be witness, not defendant. Drake, who has sued Universal Music Group for defamation over Kendrick Lamar’s hit, alleges in an amendment to his existing civil complaint that the revision to the lyrics during Lamar’s performance of the song at the Super Bowl LIX halftime show proves UMG was aware the song lyrics were problematic.
The Super Bowl performance removed the term “pedophile” from the song. Drake argues that the league and others involved in presenting the show “understood the words ‘certified pedophile’ to be unacceptable in a broadcast to millions of listeners,” and that “nearly everyone understands that it is defamatory to falsely brand someone” as a pedophile.” Drake’s amended complaint claims that Lamar “would not have been permitted to perform during the Super Bowl Performance” unless he omitted the word “pedophile.”
And, yes, calling someone a pedophile if that person isn’t a pedophile creates potential liability. In this case, Drake sued UMG and not Lamar, since UMG published the song. (Based on McCann’s article, it appears that there a contractual subtext associated with the case, since UMG also holds the publishing rights to Drake’s songs.)
The NFL declined Sportico’s request for comment. It won’t be that simple when the subpoena is served. The NFL will have to produce information, documents, and/or testimony regarding any conversations regarding the removal of the word “pedophile” from the performance. Everything will be fair game — emails, texts, conversations, etc.
The goal will be to get to the truth as to why the word was scrubbed. And Drake’s lawyers will hope to show that the NFL wanted the word to be removed because the NFL knew that including it would result in liability for it, too. Why? Because the NFL knows it’s problematic to publicly label someone a pedophile.
Since Drake is a public figure, a higher standard applies. He must prove actual malice, which means in this context that the party responsible knew it was false or acted with reckless disregard to the truth or falsity of the claim.
Regardless of how it all plays out, the NFL will be playing a role as it relates to the reason(s) for removing “pedophile” from the halftime lyrics, and any/all communications regarding the question of whether the change should be made.
