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A judge has thrown out the rapper Drake’s defamation lawsuit targeting the music corporation over Kendrick Lamar’s song the diss record.

Presiding Judge Jeannette Vargas ruled that Lamar's lyrics, which claimed the artist and his crew of being "pedophiles", were "protected opinion" and cannot be deemed libelous.

The Canadian rapper submitted the legal action in early this year, accusing UMG, the music company representing both artists, of defamatory conduct by permitting the song to be published and marketed, saying it spread a "untrue and harmful story".

The artist’s spokesperson said he intended to appeal the ruling. UMG said it was pleased with the outcome and was looking forward to resuming its collaboration with the musician.

Background of the Rap Battle

The diss song, which was initially released in spring 2024, was broadly viewed as the final strike in an ongoing battle between the competing artists.

It has become the biggest hit of the rapper’s musical journey, having received multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl half-time show in February.

In a detailed ruling, Judge Vargas called the dispute between the rappers "the most infamous rap battle in the genre's history".

"The artists' series of diss tracks was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the court wrote.

"While the accusation that plaintiff is a child predator is undoubtedly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations exchanged by each artist, would not lead the average audience to believe that 'the track' conveys verifiable facts about the claimant."

She also noted that, in an previous track, Drake had "challenged his rival to make the paedophilia accusations" that featured in the diss record.

On the song his own release, Drake used the AI-generated voice of Tupac Shakur to suggest strategies on how to win the rap battle.

"Suggest he has a preference for minors, consider that a tip," the song suggested.

"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.

"The parallel in the wording strongly indicates that this lyric is a clear reference to Drake's lyrics in the earlier release."

'A Slap in the Face to Creatives'

The musician, whose real name is Aubrey Drake Graham, did not sue Lamar in the lawsuit.

His lawyers alleged the label of launching "a campaign to create 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 resort to vigilante justice in response".

Ruling against Drake, the judge said listeners would not expect "accurate factual reporting" from a musical attack "filled with vulgar language, insults, violent implications, and figurative and hyperbolic language."

She pointed out that Drake himself had engaged in similar language, referencing a lyric in which the star "strongly" suggested that "his opponent is a spouse beater", and a separate instance where he "raps that he 'was told' that one of Lamar's children may not be his biological offspring."

Concerning Lamar's song, Judge Vargas said: "Even seemingly factual claims may assume the character of subjective views... when made in public debate, intense arguments, or other circumstances in which an listener may anticipate the use of slurs, passionate language or exaggeration."

Responding to the rejection, a label spokesperson said: "From the outset, this case was an insult to every creative and their creative expression and never should have been filed."

"We're pleased with the judge’s ruling and look forward to continuing our partnership effectively marketing Drake's music and investing in his career," the spokesperson continued.

A representative for the musician said the rapper intended to appeal the decision, "and we await the Court of Appeals reviewing it".

Lamar has not yet comment on the case.