True crime says the word “true” right there in the name, yet people still struggle to reveal the truth in some of these stories.
True crime deals with very sensitive topics that involve very real people, which sometimes leads to dissatisfaction with the way a person or situation is portrayed. True crime podcasts are no exception. Below, we will detail two cases in which “characters” from true crime podcasts have sued for defamation, as well as chat about the implications of true crime podcast lawsuits in our very own podcast.
Case Study 1:
Parker v. Spotify USA
“Son of a Hitman” is a limited series about hitman Charles Harrelson. The host, Jason Cavanaugh, interviewed Dr. Chrysanthe Parker, a witness from Harrelson’s trial. Parker discussed her involvement in the trial, and the content was posted in one of the episodes. Parker then brought suit against Cavanaugh, Spotify, High Five Content and Trade Alternative for defamation and fraudulent inducement, claiming that they took her words out of context and manipulated the recording to make it seem like she either knew about or took part in fabrication of evidence. She claimed she was never informed that Harrelson’s sons, Jordan and Brett, were included in the podcast. And finally, she claimed the show profited off sensationalization at the expense of her reputation.
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Our advice: Issue disclaimers!
Case Study 2:
Elias v. Rolling Stone LLC
A girl by the name of “Jackie” was a student at the University of Virginia that was beaten and raped by several men who belonged to a fraternity house in 2012. The story resurfaced in 2014 when Rolling Stone journalist Sabrina Rubin Erdely sought to tell Jackie’s story and bring awareness to the sexual assault women face on college campuses. Erdely claimed she reached out to sources when she went on a podcast to further talk about the case. Nicholas Elias, a student at UVA, was among those allegedly connected to the case. He was one of the men mentioned by Erdely. Elias filed suit for defamation. He claimed that the claims made damaged his reputation and caused him emotional distress
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The podcasters where Erdely made the claim not held liable. Erdely did however face suit for defamatory statements made against Elias in the article and later on in 2016 from the UVA Dean.
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Our advice: Exercise caution with confidential statements!