Ray Seilie recently spoke to Page Six about potential legal fallout from the viral moment at a Coldplay concert that appeared to capture ex-Astronomer CEO Andy Byron in a romantic embrace with his former colleague Kristin Cabot, helping to answer the question of whether Byron could sue the band.
Ray tells Page Six that despite the Coldplay lead singer Chris Martin’s comment that “Either they’re having an affair or they’re just very shy,” it will be extremely difficult for Byron to position this statement as defamatory in court.
“The only thing a lawsuit by Byron would accomplish is that it would keep his indiscretion in the news for much longer,” he adds, noting that it is “extremely unlikely that Byron has a valid claim against Coldplay.”
“[Martin’s] comments … fall far short of the threshold for defamation,” Ray continues. “For one thing, even if this statement is interpreted as a factual statement about their affair — it appears to be true.”
Ray goes on to explain that Massachusetts’ two-party consent law would not be valid grounds for a lawsuit either, as Byron and Cabot were in a public space while the video was recorded.
“He has no expectation of privacy in a public arena (and my guess is that he accepted an even broader release of privacy-related claims when he purchased his ticket),” he concludes.