A legal expert has explained how former CEO Andy Byron and Kristin Cabot could 'sue' Coldplay, following the jumbotron scandal last week.
At a Coldplay concert in Boston, Byron and Cabot were caught embracing on the big screen, before immediately jumping apart once they realised they were on camera.
At the time, frontman Chris Martin seemed pretty shocked, telling crowds: “Oh look at these two. Either they are having an affair or they’re just really shy.”
Due to the unusual reaction, a clip of what happened went viral on TikTok and has since been viewed over 100 million times.
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Following the viral moment, Byron resigned from his role of CEO of Astronomer, with the company sharing a statement: "As stated previously, Astronomer is committed to the values and culture that have guided us since our founding. Our leaders are expected to set the standard in both conduct and accountability, and recently, that standard was not met.
"Andy Byron has tendered his resignation, and the Board of Directors has accepted. The Board will begin a search for our next Chief Executive as Cofounder and Chief Product Officer Pete DeJoy continues to serve as interim CEO."
Neither Byron or Cabot have addressed the video themselves.
Many people have been left with some resounding questions, however, including whether either could sue Coldplay for putting them on the big screen.
Now, one legal expert has weighed in on how Byron could potentially take legal action over the clip.
“If we are getting creative, a possible claim would be for defamation, specifically as it relates to Chris Martin characterizing the two as having an ‘affair,'” attorney Camron Dowlatshahi from MSD Lawyers told Page Six.
However, Byron would have to prove Martin's comments were defamatory, which means he would have to prove there was no affair to begin with.
Considering neither have done this already, it's unlikely.
What makes it even more unlikely is that Byron would also have to prove that Martin 'knew or should have known' that he wasn't having an affair, but decided to make the remark anyway.
“None of those elements will be met, so any claim against Coldplay would be frivolous,” Dowlatshahi added.
“I also very much doubt that Mr. Byron would want further public scrutiny by bringing a borderline frivolous suit against the event organizers and/or Coldplay.”
Other legal experts have also weighed in on whether there could be grounds to sue, with Jayne Holliday, Legal Director at Higgs LLP, telling UNILAD: “It’s highly unlikely they’d have a legal case against the person who shared the footage or Coldplay, as it was taken in a public place and appears to show real events, without manipulation.
“... There’s very little expectation of privacy in a public venue like a stadium, particularly at a high-profile event where cameras and phones are everywhere. If you’re in public and being filmed without your consent, it might feel intrusive, but it’s generally not illegal unless it crosses into harassment, defamation, or breach of data protection laws - which this doesn’t appear to do.”
Meanwhile, Ron Zambrano of the Los Angeles-based West Coast Employment Lawyers told The Mirror: "Any legal claims from Byron would be dead on arrival. He has no grounds to sue.
"First, it would immediately be struck down as a restriction on creative speech and Coldplay’s ability to be artistic during their performances.
"Second, Byron and Cabot waived their right to privacy when they decided to attend a public event, so their public display of affection is on them, not on Coldplay. They just got caught."
Lucy Devine