Busch v. Viacom International
United States District Court for the Northern District of Texas
477 F. Supp. 2d 764 (2007)
The Daily Show, hosted by Jon Stewart (defendant), aired a brief satirical clip mocking a dietary-shake endorsement by televangelist Pat Robertson, incidentally replaying seconds of footage from Robertson's own show featuring bodybuilder Phillip Busch (plaintiff) thanking Robertson for weight loss — without ever naming Busch or identifying him in the clip. Busch sued Stewart and Viacom International, Inc. (Viacom) (defendant), which owned The Daily Show, for defamation; after the case was removed to federal court, Stewart was dismissed for lack of personal jurisdiction, and Viacom moved to dismiss for failure to state a claim.
Whether liability for defamation attaches if a reasonable viewer of a satire or parody show could understand that the broadcast does not contain an assertion of fact to be believed as truth by the viewer.