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

Judge Jeannette Vargas determined that the rapper’s song lyrics, which claimed the artist and his crew of being "certified paedophiles", were "nonactionable opinion" and cannot be considered defamatory.

Drake submitted the legal action in early this year, claiming UMG, the record label representing both artists, of defamation by permitting the song to be published and promoted, stating it spread a "untrue and harmful story".

The artist’s spokesperson said he intended to challenge the decision. UMG expressed 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 May 2024, was widely seen as the decisive blow in an continuing feud between the rival rappers.

It has become the biggest hit of Lamar's musical journey, having received multiple Grammy awards and being one of the most-talked about moments of his Super Bowl half-time show in February.

In a detailed ruling, Judge Vargas called the row between the rappers "the most notorious hip-hop feud in the history of rap music".

"The artists' seven-track rap battle was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the judge wrote.

"While the claim that Drake is a pedophile is certainly a grave allegation, the wider backdrop of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not lead the average audience to believe that 'Not Like Us' conveys verifiable facts about the claimant."

She also noted that, in an earlier song, Drake had "challenged his rival to make the pedophile claims" that appeared in Not Like Us.

On the track Taylor Made Freestyle, the rapper used the synthetic vocals of the late rapper to suggest strategies on how to prevail in the feud.

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

"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated Judge Vargas.

"The similarity in the phrasing suggests strongly that this lyric is a direct callback to the artist’s own words in the earlier release."

'An Affront to Artists'

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

His lawyers accused the label of initiating "a campaign to generate a popular song" out of a release that made the "untrue claim that the artist is a criminal paedophile, and to suggest that the public should turn to extra-legal action in retaliation".

Ruling against the plaintiff, Judge Vargas said listeners would not expect "accurate factual reporting" from a diss track "filled with vulgar language, trash-talking, threats of violence, and exaggerated statements."

She pointed out that the rapper himself had used comparable rhetoric, referencing a lyric in which the star "heavily" suggested that "Lamar is a spouse beater", and another where Drake "claims that he 'heard' that one of Lamar's sons may not be his biological offspring."

Regarding Lamar's song, Judge Vargas said: "Even apparent statements of fact may take on the nature of statements of opinion... when made in public debate, heated labour dispute, or similar situations in which an listener may anticipate the use of epithets, fiery rhetoric or hyperbole."

Reacting to the rejection, a label spokesperson said: "From the outset, this case was an affront to all artists and their artistic freedom and should not have been filed."

"We are satisfied with the court's dismissal and are eager to continuing our partnership effectively promoting the artist’s work and supporting his career," the spokesperson continued.

A representative for the musician said the artist intended to contest the decision, "and we await the appellate court reviewing it".

Lamar has not yet comment on the legal matter.