The late popstar’s estate is suing the premium TV network for $100 million over its 2019 documentary film, which aired on Channel 4 in the UK and recounted the testimonies of Wade Robson and James ‘Jimmy’ Safechuck, who claimed they were sexually abused by Jackson as children.
The Jackson estate, which strongly denies the allegations made in the film, has argued that the documentary actually violates a non-disparagement clause signed by HBO in 1992 while collaborating with the singer on the Live in Bucharest concert release from his Dangerous world tour.
As reported by Entertainment Weekly, the clause barred HBO from disclosing “any information relating to… [the] personal life of” Jackson, either “during or after HBO’s contact” with Jackson.
HBO has questioned the “continuing validity” of the agreement, which it argues had effectively expired after each side fulfilled its obligations.
On Monday (December 14), a federal appellate court upheld a lower court ruling that the agreement is still valid, meaning that – unless the network appeals – the estate can now pursue private arbitration.
“An arbitration clause can still bind the parties, even if the parties fully performed the contract years ago,” the court noted.
Jackson estate attorneys Howard Weitzman and Jonathan Steinsapir said in a statement (via Variety): “In the court’s own words, HBO agreed that it would not make any disparaging remarks concerning Jackson.
“It’s time for HBO to answer for its violation of its obligations to Michael Jackson.”
HBO has not yet publicly commented on the ruling.