Britney Spears Loses Sex Tape Libel Case

LOS ANGELES — Reporting that a couple has made a sex tape is not defamatory per se, according to a California Judge, who tossed a suit by pop star Britney Spears against Us Weekly, saying contemporary community standards and the singer’s high-profile sexual persona combined to create a set of circumstances under which it would be difficult to make the case for the media tort.

The dispute began with an Oct. 17, 2005 article, in which the magazine speculated that Spears and her husband, Kevin Federline, had made a sex tape.

The headline for the article read: “Brit & Kev: Secret Sex Tape? New parents have new worry.”

In the piece, Us Weekly reported that the couple had screened the tape for their lawyers after a member of the singer’s entourage had threatened to make the video public. The article said Spears and Federline were “acting goofy the whole time” as the tape played.

Spears and her lawyers denied the existence of the tape, bringing a suit for libel against the magazine two months later.

In the suit, Spears sought $10 million in damages, claiming that the “article is a false and outrageous fabrication,” which portrayed her in a “despicable light.”

Without addressing the accuracy of the article, Superior Court Judge Lisa Hart Cole issued a three-page ruling, which held that Spears lacked the grounds to sue for defamation in this case.

“Applying any legal standard propounded by the plaintiff, is it sexually deviant, immoral sexual conduct, lustful and sexually promiscuous, pornographic, extremely promiscuous or series misconduct for any married couple to tape themselves having sex for their own personal use in this day and age?” Cole said. “Arguably not. Add to the equation that the plaintiff herself has put her modern sexuality squarely, and profitably, before the public eye, and the answer must be no.”

UCLA Law Professor David Ginsburg applauded Cole’s ruling, saying that the standards of what would be defamatory are always in flux.

Fifty years ago, suggesting that a single woman had engaged in sexual activity was actionable, Ginsburg said.

Under California’s Anti-SLAPP statute, Spears will now be liable for attorney’s fees.

The statute provides for attorneys fees in cases were the plaintiff’s alleged injury results from the defendant exercising its 1st Amendment rights.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC 2026/2027 Board Members Announced

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Show More