Defamation

Defamed Dad: Britney Spears’ Father Sues #FreeBritney Blogger for Defamation

Since 2008, Britney Spears’ father, Jamie Spears, has been in control of the singer’s business and personal affairs as her conservator. A conservator is a legal term for someone who is appointed guardian of someone else’s finances, medical care and/or daily life, according to Investopedia. This usually occurs in situations when a person is unable to take care of themselves due to mental illness or old age. 

The conservatorship came into place after Britney checked into a mental facility for the second time in 2008. In an effort to gain back custody of her children with ex-husband Kevin Federline, Jamie Spears became the legal guardian of his daughter’s affairs, according to Vulture

The Start of the FreeBritney Hashtag

In recent months, fans of the singer have been concerned about her mental state after observing strange photos and videos on Britney’s Instagram page. In January of 2019, Britney announced the cancellation of her Las Vegas residency due to the hospitalization of her father and a desire for family-time. After that, her activity on social media became less frequent, that is until a post in April set off alarms for fans. A photo was posted to Britney’s instagram that contained the saying, “Fall in love with taking care of yourself, mind, body and spirit” with the caption, “We all need to take time for a little ‘me time.’ :).”

According to Vulture, fans found this post unusual for the singer, noting the choice of emoji was not typical. Then, later that day, TMZ reported that Spears had actually checked into a mental facility for a month long stay, just seven days before the post was made. 

And just like that, the #FreeBritney movement was born and spread like wildfire all over social media. 

“The discourse reached a fever pitch on April 16, when the podcast Britney’s Gram, hosted by comedians Tess Barker and Babs Gray, aired a voicemail from an anonymous paralegal who claimed to have worked on Spears’ conservatorship and had left the firm two weeks earlier,” according to Vulture.  

The paralegal described Spears’ situation as disturbing during the podcast, and explained how Britney Spears’ father pulled her from her Vegas residency once she began refusing to take her medication. Jamie, however, blamed the cancellation on his own illness, and forced Britney to check into a mental facility against her will at the beginning of the year, according to the anonymous source.  

“He also said that she was promised that the conservatorship would come to an end in 2009 after her ‘Circus’ tour but that it didn’t, causing her to have another mental breakdown soon after,” according to Vulture.

This podcast received close to 100,000 listens on Soundcloud but that was not the tipping point for Jamies Spears. A blogger by the name Anthony Elia was his final straw, and is now being sued by Jamie Spears for defamation

Jamie Spears Sues Anthony Elia for Defamation

Jamie’s legal team filed a complaint claiming that Elia has “been one of the loudest voices in the crowd,” according to The Hollywood Reporter

The allegations Elia has made about Spears’ conservatorship in his blogs have been picked up by numerous media outlets like US Weekly and MSN. According to The Hollywood Reporter, Elia described Britney’s situation as “a human rights violation” and has posted several tweets spreading allegations from his blog post that Britney’s team was deleting comments from her Instagram page that were positive so the negative ones would receive more attention. 

In a quote published by The Hollywood Reporter, the complaint states, “It is time that Elia understands that his words have consequences and he cannot blindly spout his baseless theories any longer.”

Jamie Spears is suing Elia for defamation and false light invasion of privacy. He is asking the court for actual and punitive damages as well as an injunction barring Elia from republishing the statements, according to The Hollywood Reporter

Usually, in order for a public figure to sue for defamation, they need to prove actual malice. This means that Jamie would need to prove that Elia made these allegations against the conservatorship with reckless disregard for the truth or knowing the allegations were false. However, the court may not consider Jamie as a public figure since his daughter is technically the public figure in this situation. 

Regardless, it might be hard to prove actual malice since the premise of most of Elia’s blog posts and tweets are written with concern for Britney’s wellbeing. In situations like these, it is hard for public figures to win a defamation case because of the actual malice requirement. 

Kevin Federline Files a Criminal Complaint against Jamie Spears

On Tuesday, September 3rd, Britney Spears’ ex-husband, Kevin Federline, filed a criminal complaint against her father, Jamie Spears, on behalf of their two sons, Sean and Jayden. E! News reports that Jamie allegedly “put hands” on Sean Federline. 

E! News also reports that Britney was in total agreement with Federline in filing the report against her father as it would be in the best interest of their two sons Sean and Jayden. Britney was reportedly very upset with her father. 

In light of this news, there has been no further word on whether or not Jamie Spears’ defamation lawsuit against #FreeBritney blogger, Anthony Elia, is still ongoing. However, it would seem that news of the restraining order could possibly help Elia’s case or even change the status of Jamie’s conservatorship role. It would be hard to make decisions on behalf of his daughter when the father of her children has filed a restraining order against him, with support from Britney. It also may be possible that Kevin Federline had to file the restraining order against Jamie because Britney could not legally do so without her conservator, Jamie himself. It’s not like Jamie would choose to file a restraining order against himself… 

Jamie Spears Wins an Injunction

Britney Spears’ father, Jamie Spears, won an injunction against Anthony Elia. According to court documents, the Absolute Britney blogger was ordered “to stop talking negatively about Britney’s conservatorship, republishing, distributing or disseminating posts, nor can he authorize or ask third parties to do so for him.”

Are You Looking for a Defamation Lawyer?

If you are a victim of online harassment, cyberbullying or defamation, get in touch with the experienced attorneys at RM Warner Law. We know how to help.

Raees Mohamed

Raees is a Founding Partner at RM Warner PLC, a corporate and Internet Law firm that caters to startups and entrepreneurs. He is also an adjunct professor of law in the acclaimed Innovation Advancement Program legal clinic at the Sandra Day O’Connor College Of Law in Phoenix. There, he teaches law students how to counsel local entrepreneurs as Rule 39 certified student-practitioners. Raees believes the push for the advancement of innovation and a culture of entrepreneurship should come from academic institutions.

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