The company’s lawyers cited cases from other jurisdictions including a defamation action in New York ( Klapper v. District Court Judge Roslyn Silver, but nevertheless argued for a reality television exception. Under Maryland law, applied because that’s what the Talent Agreement specified, exculpatory clauses are generally valid, but courts in the state have concluded that parties aren’t permitted to excuse liability for intentional harms or for extreme forms of negligence.ĭiscovery conceded as much, according to a decision from U.S. Given that the show was about survivalists in dangerous situations, it makes sense that Lundin’s “Talent Agreement” included a section titled “Assumption of Risk,” which relinquished any claims for personal injury. The defendant pointed to the waiver that Lundin signed.
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He then accuses Discovery of purposely manipulating “behind the scenes” footage from previous episodes of the series to create the false impression to viewers in his final episode that he was mentally impaired and thus responsible for leaving the show.ĭiscovery, in response to the lawsuit, did what many reality television producers do when confronted with a claim from a castmember. Lundin says Discovery wouldn’t address his concerns about Teti and instead terminated him as lead co-host of the show. In Lundin’s lawsuit, he alleges that Teti made threats of violence against him, Dual Survival crew members and Discovery executives.
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For example, last July, another judge ruled that Discovery wasn’t responsible for the social media posts of Joseph Teti, a survivalist featured on seasons three through six of the program. That series about survival experts in challenging environments has become fodder for all sorts of interesting defamation decisions. The plaintiff in the case is Cody Lundin, who was one of the original co-hosts on Discovery Channel’s Dual Survival.
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In a summary judgment ruling, the judge rejects Discovery’s proposition that there exists a special exception for reality shows and documentaries.
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On Thursday, the owner of cable networks like TLC, Animal Planet and Discovery Channel found out that a reality TV star’s contract can’t bar a defamation lawsuit when intentional harms occur. Discovery Communications may be moving its headquarters from Maryland to New York, but it can’t escape a defamation case being adjudicated in Arizona federal court.