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A judge has thrown out the rapper Drake’s defamation lawsuit targeting Universal Music Group over Kendrick Lamar's track the diss record.

Judge Jeannette Vargas determined that Lamar's lyrics, which accused the artist and his associates of being "certified paedophiles", were "protected opinion" and cannot be deemed defamatory.

The Canadian rapper submitted the legal action in early this year, claiming UMG, the music company representing both artists, of defamation by permitting the track to be released and promoted, stating it disseminated a "untrue and harmful story".

Drake's representative said he planned to appeal the decision. UMG said it was satisfied with the result and was looking forward to resuming its work with the rapper.

Context of the Rap Battle

The diss song, which was initially released in spring 2024, was widely seen as the decisive blow in an ongoing battle between the rival rappers.

It has become the biggest hit of the rapper’s career, having won multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl performance in February.

In a 38-page order, the judge called the dispute between the rappers "the most infamous rap battle in the history of rap music".

"The artists' seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and digital debate," the court wrote.

"While the accusation that Drake is a pedophile is undoubtedly a grave allegation, the broader context of a heated rap battle, with provocative remarks and insulting claims hurled by both participants, would not incline the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about the claimant."

She additionally observed that, in an previous track, the artist had "dared his rival to make the pedophile claims" that appeared in the diss record.

On the track his own release, Drake used the synthetic vocals of Tupac Shakur to suggest strategies on how to win the rap battle.

"Talk about him likin' young girls, that's a gift from me," the track proposed.

"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.

"The similarity in the phrasing suggests strongly that this lyric is a direct callback to Drake's lyrics in the prior song."

'An Affront to Artists'

The musician, whose real name is Aubrey Graham, did not sue his rival in the legal filing.

His legal team accused UMG of initiating "an effort to generate a popular song" out of a track that made the "untrue claim that Drake is a criminal paedophile, and to suggest that the audience should turn to vigilante justice in retaliation".

Ruling against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."

She highlighted that the rapper himself had used similar language, quoting a line in which the star "strongly" suggested that "his opponent is a domestic abuser", and another where Drake "raps that he 'was told' that one of his rival’s sons may not be his biological offspring."

Regarding the track in question, the court said: "Even apparent statements of fact may assume the character of statements of opinion... when made in open discourse, intense arguments, or similar situations in which an listener may expect the use of epithets, fiery rhetoric or hyperbole."

Responding to the dismissal, a label spokesperson said: "From the outset, this lawsuit was an insult to every creative and their artistic freedom and should not have seen the light of day."

"We are satisfied with the judge’s ruling and are eager to resuming our work effectively promoting the artist’s work and supporting his artistic path," the representative added.

A representative for Drake said the rapper planned to appeal the decision, "and we await the Court of Appeals examining it".

Kendrick Lamar has yet to issue a statement on the case.