Barilaro v Google LLC [2022] FCA 650

Barilaro v Google LLC [2022] FCA 650

Google LLC became liable as publisher for defamatory material after notice and failed to remove racist, hate speech, and cyberbullying videos targeting John Barilaro; their conduct aggravated damages by maintaining publications, abandoning defences late, failing to apologise, unjustifiable cross-examination, and facilitating a cyberbullying campaign, causing substantial harm including premature resignation; all statutory and common law defences failed; full damages not discounted for pre-notice publication.

Jurisdiction
Australia
Judgment Date
06 June 2022
Procedural Posture
Defamation / Judgment
Outcome
Judgment for applicant
Legal Topics
['defamation Liability of Online Platforms' 'aggravated Damages' 'cyber Bullying' 'hate Speech' 'freedom of Political Communication' 'contempt of Court' 'damages Assessment' 'qualified Privilege' 'honest Opinion Defence' 'publication by Notice' 'harassment' 'racial Vilification' 'public Interest Defence' 'procedural Rules for Costs' 'injunctive Relief']
['defamation' 'tort Law' 'media Law' 'human Rights' 'civil Procedure'] ['defamation Liability of Online Platforms' 'aggravated Damages' 'cyber Bullying' 'hate Speech' 'freedom of Political Communication' 'contempt of Court' 'damages Assessment' 'qualified Privilege' 'honest Opinion Defence' 'publication by Notice' 'harassment' 'racial Vilification' 'public Interest Defence' 'procedural Rules for Costs' 'injunctive Relief']

Case Brief

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Procedural Posture

Defamation / Judgment

Legal Issues

  1. 1 ['Whether Google LLC was liable as publisher of defamatory material on YouTube after being notified' 'Whether publication included aggravated damages due to racism, hate speech, and cyberbullying' "If Google's conduct aggravated damages via continued publication, failure to remove, and conduct during proceedings" 'Impact of previous publications before Google became publisher for damages calculation' 'Application and operation of statutory and common law defences (qualified privilege, honest opinion, public interest)' 'Entitlement and quantum of compensatory and aggravated damages' 'Contempt of court by bringing improper pressure to bear on the applicant and his lawyers']

Ratio Decidendi

Google LLC became liable as publisher for defamatory material after notice and failed to remove racist, hate speech, and cyberbullying videos targeting John Barilaro; their conduct aggravated damages by maintaining publications, abandoning defences late, failing to apologise, unjustifiable cross-examination, and facilitating a cyberbullying campaign, causing substantial harm including premature resignation; all statutory and common law defences failed; full damages not discounted for pre-notice publication.

Court Disposition

Judgment for applicant

Orders

  • ['Judgment entered for applicant in sum of $715,000, inclusive of $40,000 prejudgment interest.' "Respondent to pay applicant's costs unless either seeks other costs order by application as directed." 'If costs application made, parties to file written submissions and evidence as set out in orders.' 'Referral to...