A federal judge in California approved a motion by Michael Jackson’s estate late last week, ruling that HBO must arbitrate a dispute over the controversial, Emmy-award winning “Leaving Neverland” documentary.
As Billboard Magazine recently reported:
U.S. District Court Judge George H. Wu granted the request by Michael Jackson’s estate requiring HBO be bound by a 1992 arbitration agreement rather than allowing the lawsuit to continue in the federal court system. While arbitration proceedings are usually private, Jackson’s attorneys have made the unusual request of wanting to hold public arbitration.
The 27-year-old arbitration agreement was part of a contract HBO signed to televise a concert from Jackson’s Dangerous World Tour. Attorneys representing the cable network argued that the deal was no longer valid.
The decades-old pact also contains a clause which, according to Billboard, states that “HBO shall not make any disparaging remarks concerning [Michael Jackson] … or do any act that may harm or disparage or cause to lower in esteem the reputation of [Jackson.]”
Jackson’s estate maintains HBO violated that provision when it aired “Leaving Neverland,” a film accusing the late singer of molesting young boys. The deceased performer’s lawyers filed a $100 million lawsuit against HBO in February, claiming, “It is hard to imagine a more direct violation of the non-disparagement clause.” HBO’s counsel said the suit should be thrown out, alleging “it was filed to tell the world, ‘Don’t talk about child sex abuse …'”
Judge Wu, who denied HBO’s motion to dismiss the case, said that he expects his arbitration ruling to be appealed to a higher authority. According to Billboard, Wu said the conflict could eventually end up before the U.S. Supreme Court.
Variety reported that John Branca, a co-executor of Jackson’s estate, accused HBO of “trying to avoid a public airing of both sides of the story.” The estate’s legal team has told media it wants arbitration proceedings to be “open to the public for all to see.”
A status conference for both parties has been scheduled for October 3, according to court documents.
“Leaving Neverland” debuted on HBO on March 3. The two-part, four-hour-long film details graphic molestation allegations from Wade Robson and James Safechuck, both of whom claim to have been sexually abused by Jackson when they were children. The narrative is shaped solely by their personal testimonies and conversations with their family members. Forbes reported earlier this year that “the film’s director, Dan Reed, acknowledged not wanting to interview other key figures because it might complicate or compromise the story he wanted to tell.” In April, Reed recognized the reported discovery of a significant timeline discrepancy that critics say calls the film’s credibility into question.
Both Robson and Safechuck defended Jackson’s honor when he was alive, but sued his estate alleging sex crimes after his death. The separate cases were dismissed and are currently under appeal, according to a lawyer representing both men.
Earlier this month, “Leaving Neverland” won an Emmy award in the Outstanding Documentary or Nonfiction Special category. Jackson’s estate blasted voting members of the Television Academy for their decision, issuing a statement that read, in part: “For a film that is a complete fiction to be honored in a nonfiction Emmy category is a complete farce.”
Reed, the filmmaker, praised “the incredible courage and determination” of Robson, Safechuck, and their families after accepting the award.
“This is one of the first times we’ve been able to shine light on child sexual abuse…the pattern of how it unfolds is not an easy story to tell…it often remains undisclosed for so many decades, so I thank them from the bottom of my heart.”
RELATED: REPORT: ‘Leaving Neverland’ Discrepancy Found In Key Part Of Film Denouncing Michael Jackson
Follow Jeffrey Cawood on Twitter@JeffreyCawood.