Parker v. Spotify USA
Facts:
​The limited series podcast “Son of a Hitman”, hosted by Jason Cavanaugh, dove into the trial surrounding the conviction of Hitman Charles Harrelson. In one episode, Cavanaugh interviewed Dr. Chrysanthe Parker, who Cavanaugh proclaimed a “star witness” and “an unusual witness”. Parker sued Cavanaugh, Spotify, High Five Content and Trade Alternative for defamation and fraudulent inducement. She argues that the defamatory content stems from Cavanaugh’s use of interview clips out of context, making it seem like she either knew about or took part in fabrication of evidence and that the show profited off sensationalization at the expense of her reputation. She also argues that Cavanaugh did not inform her that the podcast would also contain statements from Brett and Jordan, Harrelson’s sons. She states that she never would have agreed to be on the podcast if she knew they would be involved.​​
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Issue:
​Was the podcast defamatory? Did Cavanaugh fraudulently induce Parker to participate in the podcast?​
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Significance:
​The case was dismissed due to failure to state claim. The judge stated that the podcast as a whole was not defamatory, as Cavanaugh states his opinions as just that: opinions, not facts. In addition, no reasonable person would conclude Parker knew about or took part in fabrication of evidence based on the podcast. The judge also concluded that there was no case for fraudulent inducement, as Parker failed to state why Cavanaugh should be required to inform her of the Harrelsons’ participation and why it would cause a reasonable person to change their mind.
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Significance:
Ensure that you portray sources accurately. Although this case was dismissed, you can avoid being sucked into a similar situation and spending resources fighting these allegations by fact-checking and following up with sources to ensure the way you use their information is correct. It is also important to distinguish between facts and opinion. Be sure not to present your opinion as fact, that is where you will run into legal difficulties.
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