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 © 2026 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

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Trump Tariffs Refund Process to Launch April 20

WASHINGTON — U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of "reputation risk" as a criterion in their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Gov. Tony Evers’ veto of the state’s age-verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Show More