Michael Jackson’s estate is suing HBO over the network’s plans to air a documentary alleging the singer sexually abused two young boys.
The estate is claiming that by showing Leaving Neverland, HBO is violating a non-disparagement clause from a 1992 contract. According to the suit, when HBO aired Michael Jackson in Concert in Bucharest: The Dangerous Tour, the clause precluded them from disparaging the singer in future works.
In a 53-page complaint, the four-hour, two-part documentary is referred to as “a one-sided marathon of unvetted propaganda to shamelessly exploit an innocent man no longer here to defend himself”.
Leaving Neverland premiered at the Sundance film festival last month and revealed the testimonies of two men, Wade Robson and James Safechuck, who allege that Jackson sexually abused them when they were under the age of 10. “We can’t change what happened to us,” Robson, now 36, said after the first screening. “The feeling is what can we do with that now.”
The suit urges HBO to take part in a public arbitration process and claims that it could cost the company up to $100m in damages.
“HBO could have and should have ensured that Leaving Neverland was properly sourced, factchecked and a fair and balanced representation,” the estate attorney Howard Weitzman told Deadline.
The suit focuses on the HBO president, Richard Plepler, who was working as a senior vice-president of communications in 1992, claiming that he “must have known, or should have known, about HBO’s contract with Jackson”.
In a statement, HBO has responded to the lawsuit, claiming that it will not affect their support of the documentary.
“Despite the desperate lengths taken to undermine the film, our plans remain unchanged,” the statement reads. “HBO will move forward with the airing of Leaving Neverland, the two-part documentary, on March 3rd and 4th. This will allow everyone the opportunity to assess the film and the claims in it for themselves.”
(August 18, 1993) LAPD investigation
After Jordan Chandler makes allegations during a police interview that Jackson has abused him, an investigation begins. Jackson had met the 12-year-old boy the previous year.
(August 25, 1993) Barnes and Robson press conference
Teenagers Brett Barnes and Wade Robson hold a press conference stating that they had shared a bed with Jackson on multiple occasions, but that nothing sexual had happened.
(September 14, 1993) Chandlers sue Jackson
A lawsuit from the Chandler family alleges sexual abuse by Jackson and seeks $30m.
(December 22, 1993) Jackson video statement
Jackson describes being strip-searched and photographed by the LAPD two days earlier as “the most humiliating ordeal of my life”. He states: "I am not guilty of these allegations, but if I am guilty of anything it is of giving all that I have to give to help children all over the world.”
(January 25, 1994) Jackson settles lawsuit
Jackson settles out of court with the Chandlers for $22m – $15m goes to Jordan Chandler to be held in a trust fund until he turns 18.
(September 15, 1994) LAPD investigation fails
After two grand juries fail to indict, and Jordan Chandler tells authorities he will not testify in court, the Los Angeles and Santa Barbara district attorneys end their investigation.
(May 31, 1995) Scream released
The lead single from Jackson’s album HIStory is released. A duet with his sister Janet, the song angrily addresses media coverage of the child sexual abuse allegations against him.
(February 6, 2003) Bashir documentary
Jackson discusses regularly having sleepovers with children, including a young cancer patient named Gavin Arvizo, in Living with Michael Jackson – a documentary fronted by the British journalist Martin Bashir. "It's not sexual," said Jackson on-screen. "We’re going to sleep. I tuck them in. It's very charming." The film rekindles police investigations.
(November 18, 2003) Police raid and arrest
Jackson's Neverland estate is again searched by police, and a week later Jackson is arrested.
(December 18, 2003) Jackson charged
Michael Jackson is formally charged with committing lewd and lascivious acts with a child under the age of 14.
(February 28, 2005) Trial begins
During Jackson's trial, Arvizo and his younger brother testify that the singer showed them pornography and made them drink "Jesus juice" – wine. Both say Jackson masturbated in front of them and molested Arvizo on multiple occasions. Blanca Francia, one of Jackson's former housekeepers, testifies she saw Jackson showering with Wade Robson. Witnesses for the defence, including Macaulay Culkin and Robson, say that Jackson never molested them.
(June 13, 2005) Not guilty verdict
The jury finds Jackson not guilty on all 14 charges brought against him.
(June 25, 2009) Jackson dies
In the run-up to This Is It, a planned residency at London's O2 Arena, Jackson dies age 50 of a cardiac arrest.
(May 15, 2013) Wade Robson sues
Wade Robson takes legal action against the Jackson estate, alleging that Michael Jackson molested him over a seven-year period between the ages of seven and 14.
(November 15, 2014) James Safechuck sues
Safechuck alleges Jackson abused him on more than 100 occasions after the pair met when Safechuck appeared in a Pepsi commercial alongside the singer.
(January 25, 2019) Leaving Neverland
Dan Reed's four-hour documentary Leaving Neverland opens at the Sundance film festival. In it Wade Robson and James Safechuck discuss at length the abuse they claim they suffered at Jackson's hands. It is described as "a public lynching" by Jackson's surviving family.
(March 3, 2019) Television screenings
Leaving Neverland is shown on the HBO network in the US, with a UK screening on Channel 4 on 6 and 7 March. The Jackson estate sue HBO for $100m, claiming the network is in breach of a non-disparagement clause in a 1992 contract.
(March 6, 2019) Radio ban
Radio stations around the world, including in New Zealand and Canada, begin to pull Jackson's music from the airwaves.
Jackson’s former Neverland maid Adrian McManus is also set to speak out against the singer in 60 Minutes this weekend. She claims she saw the singer engage in “kissing” and “petting” with young boys and was threatened over coming forward.
“There was a kind side to him, and yet there was a dark side,” she said in a promo for the interview. “They told me if I ever came up on TV that they could hire a hitman to take me out, slice my neck, would never find my body.”
The director, Dan Reed, has spoken about the possibility of a follow-up. “I believe there were many other victims,” he said to Vice. “We wanted to focus on James and Wade, and their families, who had very long relationships with Jackson. I’m sure there are others out there who will come out when the time is right for them. We’ll see.”
Leaving Neverland is set to air on HBO and Channel 4 next month.
