Note: The following article contains discussion of sexual misconduct allegations that some readers may find upsetting.



HBO has called for the dismissal of the $100 million lawsuit that the Michael Jackson estate filed against its controversial Micheal Jackson documentary Leaving Neverland.

Released back in March, the documentary spotlighted the accusations made by Wade Robson and James Safechuck that Jackson sexually abused them as children.

The Jackson estate filed the lawsuit against HBO in February on the grounds that the network had violated the terms of a non-disparagement clause in an agreement the two sides had dating back to 1992.

James Safechuck archive / AMOS P Channel 4

Related: Leaving Neverland is not the documentary you think it is

On Friday (August 16), HBO filed the motion for dismissal, arguing that the documentary is protected under the First Amendment and California Code of Civil Procedure.

"HBO's distribution of this documentary – which recounts the personal stories of two individuals who describe in detail how, as young boys, they were sexually abused for years by Michael Jackson, arguably one of the world's most famous public figures – constitutes protected activity under the First Amendment and California Code of Civil Procedure section 425.16," the motion reads (via The Wrap).

A hearing date for the case has been set for September 19.

James Safechuck Channel 4

Michael Jackson's estate has continuously and publicly condemned the documentary since its premiere earlier this year, and it continued to do so in a statement from the estate's attorneys issued in response to the notion of dismissal.

"A contract doesn't expire just because you wish it so as HBO does here. There is no expiration term in the contract, nor does it terminate as a matter of law," the estate said.

"Likewise, the First Amendment does not protect HBO from wilfully and blatantly violating its contractual obligations, as it did here. The Estate of Michael Jackson is confident that HBO's latest attempt to avoid its contractual obligations will fail."

Leaving Neverland aired on HBO in the US and on Channel 4 in the UK.

Readers who are affected by the issues raised in this story are encouraged to contact the NSPCC on 0808 800 5000 (www.nspcc.org.uk). Readers in the US are encouraged to contact the Childhelp National Child Abuse Hotline on (1-800-422-4453) or the American SPCC (www.americanspcc.org).



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