Defamation and rap diss tradition in Ghana: A learn about of Drake vs UMG Recordings Inc. – Life Pulse Daily
Editor-in-chiefFebruary 19, 20262 Mins read14
Defamation in Rap Diss Tracks: Comparing Ghana’s Legal Landscape to the Drake vs. UMG Case
Introduction
The global rap feud between Drake and Kendrick Lamar, culminating in the lawsuit Aubrey Drake Graham v. UMG Recordings, Inc., has sparked critical legal questions at the intersection of artistic expression and reputational harm. While a U.S. court dismissed the claim, viewing the lyrics as protected opinion within a cultural context of “rap battles,” the outcome would likely differ in Ghana. This article provides a clear, pedagogical, and SEO-friendly analysis of defamation law as it applies to Ghana’s vibrant and often contentious rap diss tradition. We will examine the legal principles from the Drake case, delve into the nuances of Ghanaian defamation law—including its unique blend of common law and customary law—and analyze real Ghanaian musical disputes to illustrate the stark contrast in legal outcomes. For artists, labels, and legal practitioners in Ghana’s growing music economy, understanding this boundary is not merely academic; it is essential for risk management and industry practice.
Key Points
- Core Legal Divide: The U.S. (New York) applies a robust “opinion” and “rhetorical hyperbole” defense for artistic speech, requiring a reasonable listener to interpret lyrics as factual assertions to succeed in defamation. Ghanaian law, while recognizing fair comment, places greater weight on the objective meaning of words and the communal context of reputation, making it harder to dismiss lyrics as mere “theatre.”
- Context is Paramount, But Interpreted Differently: In both jurisdictions, the context of a “diss track” is crucial. However, U.S. courts see this context as inherently signaling exaggeration. Ghanaian courts, guided by communal values and precedents like Banson v. Nana, may still find liability if the words impute serious crimes or immorality, even in a heated exchange, because reputation is a fundamental social and economic asset.
- Libel vs. Slander Distinction Matters: A recorded, commercially released diss track is classified as libel (permanent form) in Ghana, which is actionable per se (without needing to prove special damages) if it imputes a crime or a loathsome disease. This contrasts with slander (spoken word), which often requires proof of specific financial loss.
- Ghana’s Customary Law Layer: Beyond common law, Ghanaian customary law provides a wider scope for defamation (slander only, actionable without special damages) and does not always recognize truth as an absolute defense, reflecting a communal prioritization of harmony and dignity.
- Practical Industry Risk: In Ghana, reckless lyrical allegations—especially of criminal sexual conduct, HIV status, or paternity fraud—carry a high probability of successful defamation claims, leading to injunctions, damages, and reputational fallout for artists and their labels.
Background: The Drake vs. UMG Case and Its Cultural Context
The Feud and the Lawsuit
The 2024 rap battle between Drake and Kendrick Lamar was unprecedented in its intensity and public consumption. It began with subtle jabs but escalated to a series of tracks where both artists made severe personal allegations. The track that triggered the lawsuit was Kendrick Lamar’s “Not Like Us,” which contained the repeated allegation that Drake is a “cert
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