Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss

In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of "actual malice." From the Surviving R. Kelly documentary to First Amendment protections, they unpack the legal complexities surrounding public figures and media reporting. Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: Surviving R. Kelly was a Netflix documentary series that delved into the extensive allegations of sexual abuse, misconduct, and predatory behavior leveled against the R&B singer R. Kelly. Diana Copeland, Kelly's former personal assistant, claims she was falsely portrayed in the documentary as being essentially a co-conspirator in Kelly's alleged sex crimes. Copeland sued Netflix and the producers of the documentary, Lifetime and A&E for defamation. There was a recent decision in Copeland versus Netflix, one that emphasized the stringent First Amendment protections for media when reporting on a public figure. How high is the bar for a public figure to prove defamation against the media outlet? And what does the legal concept of actual malice truly entail in such case? I'm Scott Herbie, a partner with the law firm of Weintraub Tobin, and I'm joined today by my partner, Jessica Corpus. Stay tuned as we dissect this significant decision and its implications for producers of programming of this type on this installment of the briefing. Jessica, welcome back. It's good to have you. Jessica: Thanks so much for having me, Scott. Scott: This one, I think, is going to be quite interesting. I always like defamation cases because there's always a lot to unpack. Jessica: Oh, they're very exciting cases. We get this question a lot, and having to educate people about the standard of defamation happens all the time in our world, so it's good to talk about it. Scott: Yeah, and more and more, you're seeing defamation claims come out of not just documentaries, but scripted, essentially, fictional docudramas. But today, we're looking at the R. Kelly documentary. And this is the recent decision in Diana Copeland versus Netflix. And it comes out of the United States district Court for the district of Delaware. That's a district we don't hear from very often, but we're hearing from them today. Jessica: So this decision comes as a result of Netflix's motion to dismiss. A motion to dismiss in federal court is called a Rule 12(b)(6) motion, and it's where a defendant moves to dismiss the complaint because the plaintiff has failed to state a claim upon which relief can be granted. In other words, the defendant is arguing that even if everything that the plaintiff claims is true, those claims still don't provide a legal basis for the court to grant them any relief. Scott: Well said. So this case centers on a lawsuit brought by Diana Copeland, who was the personal assistant for the singer R. Kelly. Following R. Kelly's arrest and charges relating to sexual abuse, Lifetime Entertainment produced a documentary series called Surviving R. Kelly. Copeland did not participate in the documentary. However, she alleges that an episode contained several false and defamatory statements about her, portraying her as a co-conspirator in Kelly's crimes. She subsequently sued Netflix, which distributed the series, along with its producers Lifetime and A&E, for defamation. Jessica: Those defendants moved to dismiss Copeland's claims. Netflix based its motion on the following arguments. First, that the fair report privilege protects the statements. Second,